Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-29

| Y
or the treaty concluded between the same
powers at the City of Mexico on the thir.
teenth day of December in the year of our
LORD eighteen hundred and tifty-three, and
the laws and ordinances of the government
! from which it Is alleged to have been de.
rived, and al 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. .. That any person or corporation
claiming lands in any of the States or Ter
ritories 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
| snail proceed to hear, try and determine
the validity of the same and the right of
the claimant thereto, its extent, location
and boundaries, in the same manner and
| with the same power as in other cases in
this act mentioned
II in any such case, title so claimed to be
| perfect shall be established and confirmed,
only as such perfect title shall 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
|
| 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 it, to
cause the attorney of the United States in
said court to file in said court a petition
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 su bstance 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, or
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
visions of this act, but bjeCt 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 decide-the United
States, in case of the confirmation of claim,
in whole or in part, and the claimant, in case
of the rejection of 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
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 to
such judgment, giving him clear state
ment of the case and the points decided by
the court which statement shall be verified
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
shall continue to exist until six months next
after the receipt of such statement And #
the Attorney-General shall so direct, 1t shall
L. IL -1r ~ he 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
United States what further course to pursue |
and whether or not an appeal shall be taken. |
SEC. 10. That when any decision of con-
firmation shall become final, the clerk OF the
shall certify that fact to the Commissioner |
of the General Land Oface, with copy of |
the decree of confirmation, which shall
plainly state the location, boundaries and |
area 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 SurveyorGeneral of the re-
speCtive Territory or State, and the plat
thereof completed, the Surveyor-General
shall give notice that the same has been
done, by publication once a 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
In his office for public, inspection for the
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
n |
filed with him, he shall approve the same
and forward it to the Commissioner of the
General Land ONCE. If, 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-
braced in the survey or any part thereof
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 affldavits
or other proofs as he may produce In sup.
port of HIS objection. At the expiration of
the said ninety, days the SuryeyorGeneral
shall forward such survey, with the objec-
tons and proofs filed in support of, or in OPP.
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
examination of the survey and of any OBJ
jections and proofs that may have been
iled, 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 APP
prevail. If found to be incorrect, the court
shall return the same for correction in such
particulars as 1t shall direct. When any
survey is finally approved by the court, It
shall be returned to the Commissioner of
he General Land ONCE, who shall as soon
as may be cause patent to be issued thereon
10 the conhrmee 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,
md shall be a lien on said land, which may
be enforced by the sale of so much thereof
Is may be necessary for that purpose, after
1 default of payment thereof for six months
1lat; and no patent shall issue until such