Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-03

| StpulatlOnS of the treaty concluded he
| tween the United States and the Republic o
| Mexico at the City of Guadalupe HidalgO OF
| the second day of February, in the year o
| our Lord eighteen hundred and fOrty-eight
| or the treaty concluded between the sam,
! powers at the City of Mexico on the thir
| teenth day of December in the year of Oul
| Lord eighteen hundred and titty-thrGc, am
| 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 COndTminl
any such claim. in whole or in part the
court shall in its decree specify plainly the
location, boundaries and area of the lane
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 a titlt
derived from the Spanish or Mexican GOV
eminent that was complete and perfect a
| the date when the United States acquired
| sovereignty therein shall have the righ
out snail not be bound) to apply to sdi(
court in the manner in this court provided
tor other cases for a confirmation of sucf
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 anG
with the same power as in other cases ir
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 tc
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 tC
the holder OF any such claim or title. And
no confirmation OF claims or titles in this
1ti nod lnrr n.Nf
other or further than as release of all
claim of title by the United States; and nc
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
mead 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
against the holder or pOsscssOr 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-
tion 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
thereupon the court shall, on such notice to
such claimant or pOsSeSSOr, as it 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. 8. That the party against whom the
court shall in any case deCide-the United
States, in case of the confirmation of a 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
decree of the court below shall be final and
Upon the rendition of any judgment of the
court confirming any claim, it shall be the
duty of the attorney of the United states to
notify the Attorney-General, in writing, of
such judgment, giving him a clear state
nent of the case and the points decided by
he court, which statement shall be verified
by the certificate of the presiding judge of
said court; and in any case in which such
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 if
the Attorney-General shall so direct 1t shall
be the duty of the clerk of the court to
the record of any cause in which
final judgment has been rendered to the At
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-
irmation shall become final, the clerk of the
court in which the final decision shall be had,
shall certify that fact to the Commissioner
If the General Land Office, with a copy of
he decree of confirmation, which shall
plainly state the location, boundaries and
lrea of the tract confirmed. The said Com
missioner shall thereupOn without delay
cause 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
'hall give notice that the same has been
lone, by publication once week, for four
weeks in two newspapers, one
state. and the other, Of any such there be) /
published near the land so surveyed, such
notices to be published in both the Spanish /
md English languages; and the Surveyor
General shall retain SnC1 and Mat I
n his office for public inspection for the /
ull period of ninety days from the date
+ the first publication of notice In the news
aper published at the capital of the Terri
Dry or State.
If at the expiration of such period, no OBJ
ectton to such survey shall have been
led with him, he shall approve the same
ieneral Land Office If, within the said
eriod of ninety days, objections are made to
UGH survey, either by any party claiming
n interest in the confirmation or by any
arty claiming an interest in the tract EN-
UGH objection shall be reduced to writing,
tating distinctly the interest of the OBJ.
ector and the grounds of his objection, and
jgned by him or his attorney, and filed with
he Surveyor General, with such affidavits
r other proofs as he may produce in sup
ort of his objection. At the expiration of
he said ninety days, the Surveyor-General
hall forward such survey, with the objec-
ions and proofs filed in support of, or in OPP
osition to, such objections, and his report
hereon, to the Commissioner of the Gen
raj Land Office.
Immediately upon receipt of any such sur
ey, with or without objections thereto, the
aid Commissioner shall transmit the same
nth all accompanying papers to the court
4 which the final decision was made for its
of the survey and of any OBJ
ections and proofs that may have been
led, or shall be furnished; and the
aid court shall thereupon determine if the
aid survey is in substantial accordance
18th the decree of confirmation. If found
} be correct, the court shall direct its clerk
} indorse upon the face of the plat its ap-
royal. If found to be incorrect, the court
hall return the same for correction in such
articulars as it shall direct. When any
lrvey is finally approved by the court It
hall be returned to the Commissioner of
he General Land Office, who shall as soon
s may be cause patent to be issued thereon
} the contirmee One-half of the necessary
expenses of making the survey and plat pro-
ided for in this section and in respect of
hich patent shall be ordered to be Issued,
hall be paid by the claimant or patentee,
nd shall be lien on said land which may
inf 1uf al pf ! 4