Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-27

teenth day of Deem Der in the year of 0 IL
Lofd eighteen hundred and hfty-three, GnC
the laws and ordinances of the government
I IRON which 1t Is alleged to have been de
e rived, and all other questions properly arts
: ing between the claimants or other partie!
e In the case and the United States which de
: cree snail In all cases refer to the treaty
s law or ordinance under which such claim Il
e confirmed or rejected; and in confirming
: court shall in its decree specify plainly the
: location, boundaries and area of the lane
the claim to which is 80 confirmed.
cai am INA, lnas any person or corporation
! r1tories mentioned in this act under a title
derived from the Spanish or Mexican Gov
eminent that was complete and perfect al
the date when the United States acquired
sovereignty therein shall have the right
lbut shall not be boundD to apply to said
court in the manner in this court provided
title; and on such application said court
shall proceed to hear, try and determine
me validity of the same and the right OF
and boundaries, in the same manner and
with the same power as in other cases in
this act mentioned.
If in any such case, a title so claimed to be
perfect shall be established and confirmed,
such confirmation shall be for so much land
only as such perfect title shall be found to
cover, always excepting any part Of such
United States, and always subject to and
not to affect any conflicting private interests,
rights or claims held or claimed adversely
to any such claim or title, or adversely to
the holder of any such claim or title And
no confirmation of claims or titles in this
section mentioned shall have any effect
claim of title by the United States; and no
private right of any person as between him
self and other claimants or persons, in
respect OF any such lands shall be In any
1t shall be lawful for, and the duty of, the
head of the Department of Justice, when
ever In his opinion the public interest or the
rights OF any claimant shall require 1t, to
cause the attorney of the United States in
said court to file in said court a 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
the boundaries thereof If the title be
| admitted be settled and adjudicated; and
| thereupon the court shall, on such notice to
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.
| rights adverse to such claimant or possessor,
as between such claimant and possessor and
any any other claimant or possessor. and subject
section applicable thereto.
SEC. 9. That the party against whom the
court shall In any case decide-the United
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
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
by law for the taxing of e from Gees
ions of the Circuit Courts of the United
States. On any such appeal the Supreme
Court shall retry the cause, as well as the
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 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
decree of the court below shall be final and
conclusive.
court confirming any claim, 1t shall be the
duty of the attorney of the United States to |
notify the Attorney General in writing, of
spch aH%e cse ydng him noas eeaI
the court, which statement shall be verified
by the certificate of the presiding judge of
said court; and in any case in which such
statement shall not be received by the At
torney-General within sixty days next after
the rendition OF such judgment the right of
appeal on the part of the United States
after the receipt of such statement. And Il
the Attorney.General shall so direct, 1t shall
be the duty of the clerk of the court to
transmit the record of any cause in which
final judgment has been rendered to the At
torney-General for his examination. In all
cases it shall be the duty Of the Attorney
General to instruct the attorney for 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-
frmation shall become final, the clerk of the
shall certify that fact to the Commissioner
of the General Land Once, with copy of
the. decree of confirmation, which shall
aren Of the their tract e confirmed The said COM
missioner shall thereupon without delay
cause the tract so confirmed to be surveyed
at the cost of the United States. When any
such survey shall have been made and re
turned to the Surveyor.General of the re.
speCtive Territory or State, and the plat
thereof completed, the surveyor-General
done, by publication once week. for four
consecutive weeks in two newspapers, one
published at the capital of the Territory, or
STATE and the other OF any such there be-
notices to be published in both the Spanish
and English languages; and the Surveyor
General shall retain such survey and plat
full period of ninety days from the date
Of the first publication of notice in the news.
paper published at the capital of the Terri
tory or State. !
If, at the expiration Of such period, no OBJ
lection to such survey shall have been I
filed with him, he shah approve the same
General 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.
signed by him or his attorney, and filed with p,
the Suryeyor.General, with such af1davits !
Or other proofs as he may produce In sup. /,
said nne days the
shall forward such survey, with the objec-
ions and proofs filed In support of, or In OPP !,
position to- such objections, and his report I
thereon, to the Commissioner of the Gen
erdl Land ONCE. =
Immediately upon receipt of any such sur. \
vey, with or without objections thereto, the T
with all accompanying papers to the court !
n which the final decision was made for its = =
.xa mination of the survey and of any OBJ 9
lea Or and Rfo9 be tna ay have seo been
laid court shall thereupon determine If the
said survey is in substantial accordance =
With the decree of confirmation. II found 3
% be correct, the court shall direct its clerk q
o tndorse upon the face of the plat its ap- +
)roval If found to be incorrect, the court . =
hall return the same for correction in such T
as 1t shall direct When any =
urvey Is finally approved by the court, It +
hall be returned to the Commissioner of Z
he General Land Office, who shall as soon n
Is may be cause patent to be issued thereon n
o the confrmee. One-half of the necessary !.
expenses of making the survey and plat pro. :
1ded for In this section and in respect OF h
which patent shall be ordered to be Issued, a.
h all be paid by the claimant or patentee, o
md shall be a lien on said land, which may q
re enforced by the sale of 40 much thereof :,
Is may be necessary. for that purpose, after =
defa4l. q bps sneTeor f1r SIX months
'lat; and no patent shall issue until such 4
'ayment ~
Sec. IL That the provisions of this act Il Il