Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-01

our LORD eighteen hundred and fOrty-e1gn
or the treaty concluded between the sam
powers at the City of Mexico on the THU
teenth day of Decent Der in the year of GU
Lord eighteen hundred and fifty-three, an
the laws and ordinances of the government
from which 1t is alleged to have been de
rived, and all other questions properly ari'
ing between the claimants or other partie
In the case and the United States, which dt
cree shall in all cases refer to the treaty
law or ordinance under which such claim
confirmed or rejected; and in COptrmin
any such claim, in whole or in part, tn
court shall in its decree specify plainly tn
location, boundaries and area of the Ian
the claim to which is so confirmed.
SEC. y. That any person or corporate
claiming lands in any of the States or Tel
r1tOr1eS mentioned in this act under It'll
derived from the Spanish or Mexican Coy
eminent that was complete and perfect a
the date when the United States acquire
sovereignty therein shall have the RICH
(but shall not be bound to apply to sal
court In the manner in this court provide
for other cases for a confirmation of sue
title; and on such application said cour
snail proceed to hear, try and determin
the validity of the same and the right o
the claimant thereto, its extent, location
and boundaries, in the same manner ant
with the same power as in other cases II
this act mentioned.
If In any such case, a title so claimed to b.
perfect shall be established and confirmed
such confirmation shall be for so much LAM
only as such perfect title shall be found t.
cover, always excepting any part of sucl
land that shall have been disposed of by tn
United States, and always subject to ant
not to affect any conflicting private interests
rights or claims held or claimed adversel,
to any such claim or title, or adversely tt
the holder of any such claim or title. Ant
no confirmation of claims or titles in thi
section mentioned shall have any effeC
other or further than as release of al
claim of title by the United States and NJ
WI -jIt n i'm
self and other claimants or persons, il
respect of any such lands shall be In any
manner affected thereby.
1t shall be lawful for, and the duty of, thu
head of the Department of Justice, when
ever in his opinion the public interest or the
rights of any claimant shall require 1t, t
cause the attorney of the United States II
said court to file in said court petition
against the holder or possessor of any CLAIM
or land in any of the States or Territories
mentioned in This act who shall not have
voluntarily come in under the provisions Of
this act, stating In substance that the title
of such holder or possessOr Is open to ques
ton, or stating in substance that the bound
aries of any such land, the claimant or pos
SCISSOR to or of which has not brought the
matter into court are open to question, and
praying that the title to any such land, OF
the boundaries thereof If the title be
admitted, be settled and adjudicated; and
thereupon the court shall, on such notice tt
such claimant or possessOr as 1t shall deem
reasonable, proceed to hear, try and deter
mine the question stated in such petition or
arising in the matter, and determine the
matter according to law, justice and the pro
visions of this act, but subject to all lawful
rights adverse to such claimant or possessor
as between such claimant and possessor and
any other claimant or possessor, and subject
in this respect to all the provisions of this
section applicable thereto.
SEC o. That the party against whom the
court shall in any case deC1de-the United
States, In case of the confirmation of claim,
In whole or in part, and the claimant, in case
of the rejection of a claim in whole or in
part-shall have the right of appeal to the
Supreme Court of the United States; such
appeal to be taken within six months from
the date of such decision, and in all respects
to be taken in the same manner and upon
the same conditions, except In respect of the
amount in controversy, as Is now provided
by law for the taking of appeals from decis-
Ions of the Circuit Courts of the United
States. On any such appeal the Supreme
Court shall retry the cause, as well as the
Issues of fact as of law, and may cause testi-
mony to be taken in addition to that given
In the court below, and may amend the
record of the proceedings below as truth
and justice may require; and on such retrial
and hearing every question shall be open;
and the decision of the Supreme Court
thereon shall be final and conclusive.
Should no appeal be taken as aforesaid, the
1ecree of the court below shall be final and
conclusive.
Upon the rendition of any judgment of the
.ourt confirming any claim, It shall pc the
luty of the attorney of the United States to
lotify the Attorney-General, in writing, or
uch judgment, giving him clear state
nent of the case and the points decided by
he court, which statement shall be ver1hed
)y the certificate of the presiding judge OF
said court; and in any case in which such
statement shall not be received by the At
within sixty days next alter
he rendition OF such judgment the right of
appeal on the part of the United States
shall continue to exist until six months next
after the receipt of such statement. And II
he Acknowledgement shall so direct, 1t shall
be the duty of the clerk of the court to
transmit the record of any cause In which
anal Judgment has been rendered to the At.
torney-General for his examination. In all
cases 1t shall be the duty of the Attorney
General to instruct the attorney tor the
United States what further course to pursue
and whether or not an appeal shall be taken
SEC. 10. That when any decision OF CON
lrmation shall become final, the clerk of the
court in which the final decision shall be had
shall certify that fact to the Commissioner
he decree of confirmation, which shall
plainly state the location, boundaries and
area of the tract confirmed. The said Com
missioner shall thereupon without delay
,ause the tract so confirmed to be surveyed
1t the cost of the United States. When any
such survey shall have been made and re-
urned to the Surveyor-General OF the re.
,pective Territory or State, and the plat
hereof completed, the Surveyor General
shall give notice that the same has been
lone, by publication once a week, for four
weeks in two newspapers, one
published at the capital of the Territory. or
state. and the other df any such there be-
pu blished near the land SO surveyed, such
notices to be published in both the Spanish
and English languages; and the Surveyor
General shall retain such survey and plat
N his office for public inspection for the
tull period of ninety days from the date
If the first publication of notice In the news
paper published at the capital of the Terri
.ory or State.
If, at the expiration of such period, no OBJ
lection to such survey shall have been
lied with him, he shall approve the same
and forward it to the Commissioner of the
Land once. If, within the said
period of ninety days, objections are made to
such survey, either by any party claiming
an interest IN the confirmation or by any
party claiming an interest in the tract EN-
braced in the survey or any part thereof,
such objection shall be reduced to writing,
stating distinctly the interest of the OBJ.
jector and the grounds of his objection, and
signed by him or his attorney, and filed with
the Surveyor General, with such af1davits
Or other proofs as he may produce In sup.
port of his objection. At the expiration of
the said ninety days, the Suryeyor-General
shall forward such survey, with the objec-
llOlS duu pl OOlo ulCu III ouppol olt VI III W
position to, such objections, and his report
thereon, to the Commissioner of the Gen
eral Land ONCE.
Immediately upon receipt of any such sur
vey, with or without objections thereto, the
said Commissioner shall transmit the same,
with all accompanying papers to the court
In which the final decision was made for its
of the survey and of any OBJ
jections and proofs that may, have been
filed, or shall be furnished; and the
said court shall thereupon determine If the
said survey is in substantial accordance
with the decree of confirmation. If found
to be correct, the court shall direct its clerk
to indorse upon the face of the plat its ap.
prevail. If found to be incorrect the court
Shall return the same for correction in such
as it shall direct. When any
survey is finally approved by the court IT
shall be returned to the Commissioner of
as may be cause a patent to be issued thereon
to the confirmee. One-half of the necessary
expenses of making the survey and plat pro
vided for in this section and in respect OF
which patent shall be ordered to be Issued
sh all be paid by the claimant or patentee,
and shall be a lien on said land which may
be enforced by the sale of so much thereof
as NAV be necessary for that purpose, after