Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-03

|
SECTION l. That there shall be, and hereb
Is established court to be called the Cour
of Private Land Claims, to consist OF a chic
Justice and four associate justices, who shall
be, when appointed, citizens and resident
Of some of the States of the United States
to be appointed by the President, by AM
with the advice and consent of the Senate
to hold their offices for the term expiring OF
the thirtyfrst day of December ann
domini eighteen hundred and ninety-fve
any three of whom shall constitute
quorum. Said court shall have and exercis
Jurisdiction In the hearing and decision o
visions of this act The said court shall ap
point clerk who shall attend all the sessions
of the court, and deputy clerk, wher'
regular terms of the court are held. INT
court shall also appoint stenographer Wht
shall attend all the sessions of the court ant
perform the duties required of him by thu
| court.
The said court shall have the power t.
adopt all necessary rules and regulations
for the transaction of its business and u
carry out the provisions of this act; to Issue
any process necessary to the transaction o.
the business of said court, and to issue com
missions to take dispositions as provided II
chapter seventeen Of title thirteen OF thu
Revised Statutes of the United States. Eacf
OF said justices shall have power to admin
lister oaths and afirmations. 1t shall be the
duty of the United States marshal for any
district or Territory in which the court Il
held, to serve any process of the said cour
placed In his hands for this purpose, and tt
ah eeSri b 1 Rss COURT y de
shall hold such sessions in the States ant
Territories mentioned in this act as shall be
needful for the purposes Thereon, and shal
give notice of the times and places OF the
holding of such sessions, by publication In
both the English and Spanish languages, II
one newspaper published at the capital OF
such State or Territory, once a week
Which WI h"o publications. Quotations shall be not less
times time ' Of the sAy folding Of l'' such ses
sions, but such sessions may be adjourned
from time to time without such publication
SEC. 2. That there shall also be appointed
by the President. by and with the advice and
consent of the Senate, competent attorney,
learned in the law, who shall when appointed
be resident and citizen of some State OF
the United States, to represent the United
States in said court. And there shall be ap-
pointed by the said court, person who
shall be when appointed citizen and resi-
dent of some State of the United States,
guages, to act as Interpreter and translator
In said court, to attend all the sessions
thereof, and to perform such other services
be Of MN ~ tine fou6
Eation Of said court the clerk shall cause
notices thereof, and of the time and place of
the first session thereof, to be published for
period Of Rinst Gays in one
ut the capital of the State of Colorado and
Of the Territories of Arizona and New
Mexico. Such notices shall be published In
both the Spanish and English languages
SEQ 4. That 1t shall be the duty OF the
Commissioner Of the General Land once OF
the United States, the Suryeyors-General
of such Territories and States, or the
keeper of any public records who may have
possessions of any records and papers re-
lating to any land grants or claims for
land within said States and Territories IN
n to wh hi, any Pss s shs be
of any person interested or by the attorney
Of the United States, to safely transmit
such records and papers to said court or to
fttend In person or Sy Seputiya any session
produce such records and papcra
SEC. 8. That the testimony which has
been heretofore lawfully and regularly re-
proper Territory or State or by the Com
missioner of the General Land once, upon
any claims presented to them, respectively,
shall be admitted in evidence in all trials
under this act " hen the person testifying is
dead, so far as the subject matter thereof
Is competent evidences and the court snail
give It such weight as, in its Judgment, UNI
der all the circumstances, 1t ought to have.
SEC. 6. That it shall be lawful for any
person or persons or corporation or their
legal representatives, claiming lands within
the limits of the territory derived by the
United States from the Republic of Mexico
and now embraced within the Territories of
New Mexico, Arizona or Utah, or within
the States Of Nevada, Colorado or Wyo-
ming, by virtue of any such Spanish or Mex
lean grant, concession. warrant a = or survey
and confirm by virtue of the treaties of
cession of said country by Mexico to the
United States which at the date of the
passage of this act have not been confirmed
hu orf Of CpnUresa othArWSa finally de
cided upon by lawful authority, and which
are not already complete and perfect in
every such case, to present petition in
writing to the said court IN the State or
where tie said court holds Its sessions, but
cases arising in the States and Territories
in which the court does not hold regular
sessions may be instituted at such place as
may be designated by the rules of the court.
the petition shall set forth fully the
nature of their claims to the lands, and
particularly state the date and form of the
grant, concession, warrant or order of sur
made, the name or names of any person or
persons in possession of or claiming the
same, or any part thereof otherwise than
by the lease or permission of the petitioner,
and also the quantity of land claimed and
the boundaries thereof where situate, with
map showing the same as near as may be,
and whether the said claim has heretofore
been confirmed, considered or acted upon
States, or been heretofore submitted to any
authorities constituted by law for the ad-
justment of land titles within the limits of
the said territory so acquired, and by them
for confirmation, or authorized to be sur
veyed or not; and pray in such petition
that the validity of such title or claim may
be inquired into and decided.
Ana the said court ts hereby authorized
and required to take and exercise jurisdic-
ton of all cases or claims presented by pc.
tition In conformity with the provisions of
this act, and to hear and determine the
same, as in this act provided, on the petit.
tons and proofs in case nc answer or an
swers be filed, after due notice, or on the
petition and the answer or answers of any
person or persons interested in preventing
any claim from being este blished, and the
answer OF the attorney for the United
States, where he may have filed an answer,
and such testimony and proofs as may, be
taken; and a copy of such petition, with
citation to any adverse possessor or claim
ant, shall Immediately after the filing of the
same be served on such possessor or claim
ant in the ordinary legal manner of serving
such process In the proper State or Terri
tory, and in like manner on the attorney
for the United States; and it shall be the
duty OF the attorney for the United States,
as also any adverse possessor or claimant,
after service of petition and citation as
hereinbefore provided within thirty days.
shown, be granted by the court, or Judge
thereof, to enter an appearance, and plead,
answer or demur to said petition; and in
default of such plea, answer or demurrer
being made within said thirty days or
within the further. time which may have
been granted as aforesaid, the court shall
proceed to hear the cause on the petition
and proofs, and render final decree ac-
cordfng to the provisions of this act, and in
no case shall decree be entered otherwise
than upon full legal proof and hearing; and
in every case the court shall require, the
petition to be sustained by satisfactory
proofs, whether an answer or plea shall
have been filed or not.
SEC. Z. That all proceedings subsequent
to the filing of said petition shall be con-
Quoted as near as may be according to the
practice of the courts of equity of the
United States except that the answer of the
attorney Of the United States shall not be
required to be verified by his oath, and ex-
cept that, as far a. practicable testimony
shall be taken in the court or before one of
the justices thereof. The said court shall
have full power and authority to hear and
fore it relative to the title to the land, the
subject OF such case, the extent, location
Herewith at and proper to be