Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-16

| u Il.
The substance of said act of Congress is a
follows:
AN ACT
To establish Court of Private Land Claims
and to provide for the settlement o.
private land claims in certain States ant
Territories.
Be it enacted By the Senate and House Of Repre-
sentati0eS Of the United States Of America, IN
| Congress assembled:
SECTION l. That there shall be, and hereby
is established court to be called the Court
of Private Land Claims, to consist OF ch1e1
| Justice and four associate justices, VINO shal
be, when appointed, citizens and residents
of some of the States of the United states
to be appointed by the President, by and
with the advice and consent OF the senate
TO hold their othces for the term expiring on
the thirty-irst day of December, ammo
domini eighteen hundred and n1nety-tve
any three of whom shall constitute a
quorum. Said court shall have and exercise
| Jurisdiction in the hearing and decision OF
private land claims according to the pro
| visions of this act The said court shall ap
| point clerk who shall attend all the sessions
| of the court, and deputy clerk, where
regular terms of the court are held. The
court shall also appoint stenographer who
shall attend all the sessions of the court and
| perform the duties required OF him by inc
court
The said court shall have the power to
adopt all necessary rules and regulations
for the transaction of its business ana 10
carry out the provisions of this act: to issue
any process necessary to the transaction OF
the business of said court, and to issue com
| missions to take dispositions as PROVIDED IN
chapter seventeen of title thirteen OF the
Revised Statutes of the United States. Each
OF said justices shall have power to ADMIN,
lister oaths and atf1rmations. 1t shall be the
duty of the United States marshal TOR any
district or Territory in which the court IS
held to serve any process or the sa1d couft
placed in his hands for this purpose, and to
q q
when SO directed by the court The court
shall hold such sessions in the States ana
Territories mentioned in this act as snail pc
peedful for the purposes thereof, and shall
give notice of the times and places OF the
holding of such sessions. by publication IN
both the English and Spanish languages, II
one newspaper published at the capital or
such state or Territory, once , week ef
which publications shall be not less
than thirty days next preceding the
times of the holding OF such ses,
sions, but such sessions may be adjourned
from time to time without such publication
SEC. 2. That there shall also be appointed
by the President, by and with the ADVICE ana
consent of the Senate, a competent attorney,
learned in the law, who shall when appointed
be a resident and citizen of some state OF
the United States to represent the United
States in said court. And there shali DC ap-
pointed by the said court, person VINO
shall be when appointed a citizen and resi-
dent of some State of the United States,
skilled in the Spanish and English Ian
guages to act as Interpreter and translator
In said court, to attend all the sessions
thereof, and to perform such other services
as may be required of him by the court
SEC. 3. That Immediately upon the organl-
cation of said court the clerk snail cause
notices thereof, and OF the time ana place OF
the first session thereof, to be published tor
period of ninety days in one newspaper az
the City of Washington and in one published
At the capital of the State OF Colorado ana
Of the Territories OF Arizona ana new
Mexico. Such notices shall be pu bllshed IN
both the Spanish and English languages,
and shall contain the substance OF this act.
SEC 4. That 1t shall be the duty OF the
Commissioner of the General Lana once Oh
the United States, the Suryeyors-Genera
of such Territories and States, or the
keeper of any public records who may nave
possessions of any records and papers re-
lating to any land grants or claims 1or
land within said States and Territories IN
relation to which any petition shall he
brought under this act on the application
of any person interested or by the attorney
such records and papers to said court or to
thereof eieo W when required By said court, ana
produce such records and papers
SEC. s. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the Surveyor-General OF the
proper Territory or state or py tne JON
any claims presented to them respectively,
shall he admitted in evidence In all trials
under this act when the person testlty1ng Is
dead, so far as the subject matter lheteoI
Is competent evidence; and the court snail
give 1t such weight as in its Judgment, un-
der all the circumstances, It ought to have.
SEC. 8. That 1t shall be law full for any
person or persons or corporation or theiI
legal representatives. claiming lands within
the limits of the territory derived by the
United States from the Republic OF Mexico
and now embraced within the Territories OF
New Mexico, Arizona or Utah' or within
ming by virtue of any such Spanish or Mex
lean grant, concession, warrant or survey
as the United States are bound to recognize
and confirm by virtue OF the treaties OF
cession of said country by Mexico to the
United States which at the date OF the
passage of this act have not been confirmed
BY act of Congress or otherwise, finally de-
cided upon by lawful authority, and which
are not already complete and perfect in
every such case, to present petition in
writing to the said court In the state or
Territory where said land Is situated and
where tie said court holds its sessions, but
cases arising in the States and Territories
In which the court does not hold regular
sessions may be instituted at such place as
may be designated by the rules OF the court.
The petition shall set forth fully the
nature of their claims to the lands and
particularly state the date and form of the
grant, concession, warrant or order OF sur
Vey under which they claim, by whom
made, the name or names of any person or
persons in possession of or claiming the
same, or any part thereof, otherwise than
by the lease or per misston of the petitioner,
and also the quantity OF land claimed and
the boundaries thereof, where situate, with
map showing the same as near as may be,
and whether the said claim has heretofore
been confirmed, considered or acted upon
by Congress or the authorities of the United
States, or been heretofore submitted to any
authorities constituted by law for the ad-
justment of land titles within the limits of
the said territory SO acquired, and by them
reported on untavorably or recommended
for confirmation, or authorized to be sur
yeyed or not and pray In such petition
that the validity of such title or claim may
be inquired into and decided.
And the said court is hereby authorized
and required to take and exercise jurisdic-
tion of all cases or claims presented by pc
tition In conformity with the provisions of
this act, and to hear and determine the
same, as in this act provided, on the petit
tons and proofs in case nc answer or an
swers be filed, after due notice, or on the
petition and the answer or answers of any
person or persons interested in preventing
any claim from being established, and the
answer of the attorney tor the United
States, where he may have filed an answer,
and such testimony and proofs as may be
taken; and copy of such petition, with
citation to any adverse .possessor or claim
ant, shall Immediately after the filing of the
same be served on such possessor or claim
ant in the ordinary legal manner of serving
such process in the proper State or Terri
tory. and in like manner, On the attorney
for the United States and it shall be the
duty OF the attorney for the United States,
rs also any adverse possessor or claimant,
after service of petition and citation as
hereinbefore provided, within thirty days,
unless further time shall for good cause
shown, be granted by the court, or judge
thereof to enter an appearance, and plead,
answer or demur to said petition; and in
default of such plea answer or demurrer
being made within said thirty days or
been granted as aforesaid, the court shall
proceed to hear the cause on the petition
and proofs and render final decree &C
cordfng to the provisions of this act, and in
no case shall decree be entered otherwise
than upon full legal proof and hearing; and
in every case the court shall require the
petition to be sustained by satisfactory
proofs whether an answer or plea shall
have been filed or not
SEC. 7. That all proceedings subsequent
a1i r