Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-31


the second day of February, in the year OF
our Lord eighteen hundred and forty-eight
or the treaty concluded between the same
powers at the City of Mexico on the thtr'
teenth day of December in the year OF our
Lord eighteen hundred and tfty-three, and
the laws and ordinances of the government
from which it Is alleged to have been de-
rived, and all other questions properly arts
ing between the claimants or other parties
in the case and the United States. which de
cree shall in all cases refer to the treaty,
law or ordinance under which such claim Is
confirmed or rejected; and in confirming
any such claim, in whole or in part, the
court shall in its decree specify plainly the
location, boundaries and area of the land
the claim to which Is so confirmed.
SEC. y. That any person or corporation
claiming lands in any of the States or Ter
r1tortes mentioned in this act under title
derived from the Spanish or Mexican Gov.
eminent that was complete and perfect at
the date when the United States acquired
sovereignty therein shall have the right
(but shall not be bOund) to apply to said
court in the manner in this court provided
for other cases for a confirmation of such
title; and on such application said court
shall proceed to hear, try and determine
| the validity OF the same and the right or
the cli mant thereto, Its extent, location
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 SHAH be found to
cover, always excepting any part OF such
land that shall have been disposed of by the
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
other or further than as release OF all
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
manner affected thereby.
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 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 or
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 lana, or
the boundaries thereof if the title be
admitted, be settled and adjudtcated; and
thereupon the court shall, on such notice TO
such claimant or possessor, as 1t snail 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 8. That the party against whom the
court shall in any case deCtde-the United
States, In case of the confirmation or claim,
In whole or In part, and the claimant, IN case
Nf fhar aia rti F,f rll m In W
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 10 tnat gwen
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;
thereon shall be final and conclusive.
Should no appeal be taken as aforesaid, the
decree of the court below shall be final and
conclusive.
Upon the rendition of any Judgment of the
court confirming any claim, 1t shall be the
duty OF the attorney OF the United states 10
such judgment, giving him a clear state /
ment of the case and the points decided by
the court, which statement shall be verified
by the certificate of the presiding judge or
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
shall continue to exist until six months next
after the receipt of such statement, And II
the AttorneyGeneral shall 80 direct, II snail
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- !
lrmation shall become tlnal, the CLERK =, OF the
shall certify that fact to the Commissioner
of the General Land Office, with a copy OF
the decree of confirmation, which shall
plainly state the location, boundaries and
areI of the tract 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
shall give notice that the same has been
consecutive weeks in two newspapers, one
published at the capital of the Territory, or
State, and the other. Of any such there be-
published 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
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.
Tf Ian ~ Oh h
lection to such survey shall have been
filed with him, he shall approve the same
and forward It to the Commissioner of the
General Land once. H. within the said
such survey, either by any party claiming
an interest in the confirmation or by any
party claiming an interest In the tract EN-.
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 FLED with
the Surveyor-G General, with such affldavits
or other proofs as he may produce In sup.
port Of his objection. At the expiration Of
the said ninety days, the Suryeyor-G General
lions and proofs filed in support of, or in OPP
position to- such objections, and his report
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
exa mination 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
particulars as It shall direct When any
survey is finally approved by the court, It
shall be returned to the Commissioner of
the General Land ONCE who shall as soon
as may be cause patent to be issued thereon
to the confrmee. 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,
shall be paid by the claimant or patentee,
and sh ali be lien on said land, which may