Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-05
AN ACT

fo11
AN ACT
To establish Court of Private Land Claims
| and to provide for the settlement o
private land claims in certain States ant
Territories.
Be enacted by the Senate and House Of Repre-
SentdtireS Of the Umaed states Of Ameyica, il
| congress assembled.
SECTION l. That there shall be, and hereby
is established a court to be called the Cour
OF Private Land Claims, 10 consist of chic
justice and four associate Justices who shall
be, when appointed, citizens and residents
OF some OF the States of the United States
TO be appointed by the President, by ant
with the advice and consent of the Senate
70 hold their offices for the term expiring or
| the thirty-tirst day of December, anne
domini eighteen hundred and ninety-dve
any three of whom shall constitute a
| quorum. Said court shall have and exercise
| Jurisdiction in the hearing and decision OF
| private land claims according to the pro
| visions of this act The said court shall ap
| point clerk who shall attend all the sessions
| OF the court, and deputy clerk, where
regular terms of the court are held. The
court shall also appoint stenOgrapher who
shall attend all the sessions of the court and
perform the duties required of him by the
court.
The said court shall have the power to
adopt all necessary rules and regulations
Tor the transaction of its business and to
carry out the provisions of this act; to issue
any process necessary to the transaction OF
the business of said court, and to issue com
missions to take dispositions as provided in
chapter seventee of title thirteen of the
Revised Statutes OF the United States. Each
OF said justices shall have power to admin
lister oaths and affirmations. 1t shall be the
duty of the United States marshal for any
district or Territory in which the court is
held, to serve any process of the said court
placed in his hands for this purpose, and to
attend the court in person or by deputy
whenso directed by the court. The court
shall hold such sessions in the States and
Territories mentioned in this act as shall be
needful tor the purposes thereof and shall
give notice of the times and places of the
holding OF such sessions, by publication in
both the English and Spanish languages, in
one newspaper published at the capital of
for two successive weeks the last of
which publications shall be not less
than thirty days next preceding the
times of the holding of such SEES
slons, 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 APP
pointed by the said court, a person who
shall be when appointed citizen and resi-
dent of some State of the United States,
skilled in the Spanish and English Ian
guages to act as Interpreter and translator
In said court, to attend all the sessions
thereof, and to perform such other services
as may be required of him by the court.
SEC. 3. That Immediately upon the organt-
cation of said court the clerk shall cause
notices thereof, and of the time and place of
the first session thereof to be published for
a period of ninety days in one newspaper at
the City of Washington and in one published
at the capital of the State of Colorado and
OF the Territories of Arizona and New
nyiD t,1 ,,11 1l1 in1na to
both the Spanish and English languages,
and shall contain the substance of this act.
SEC. 4. That it shall be the duty OF the
Commissioner of the General Land ONCE of
the United States, the Surveyors-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
relation to, which any petition shall be
brought under this act on the application
OF any person interested or by the attorney
Of the United States, to safely transmit
such records and papers to said court or to
attend in person or by deputy any session
thereof when required by said court, ana
produce such records and papers.
SEC 5. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the Suryeyor-General of the
proper Territory or State or by the Com.
of the General Land ONCE, upon
shall be admitted in evidence in all trials
under this act " den the person testifying is
dead, so far as the subject matter thereof
Is competent evidence; and the court shall
give 1t such weight as, in its judgment UNI
der all the circumstances, it 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
can grant, concession, warrant or survey
as the United States are bound to recognize
and confirm by virtue of the treaties of
;ession OF said country. by Mexico to the
passage of this act have not been confirmed |
by act of Congress or otherwise, finally de. |
;ided upon by lawful authority, and which |
Ire not already complete and perfect in !
very such case, to present petition in |
writing to the said court in the State or
Territory where said land is situated and
where the said court holds its sessions, but |
Eases arising in the States and Territories |
n which the court does not hold regular
SESSIONS may be instituted at such place as
nay be designated by the rules of the court
The petition shall set forth fully the
nature of their claims to the lands and
state the date and form of the
,rant, concession, warrant or order of sur
rey under which they claim, by whom
made, the name or names of any person or
PERSONS in possession of or claiming the
anne, or any part thereof otherwise than
~ the lease or permission of the petitioner
nd also the quantity of land claimed and
he boundaries thereof, where situate, with
map showing the same as near as may be,
md whether the said claim has heretofore
'een confirmed, considered or acted upon
" Congress or the authorities of the United
'tates, or been heretofore submitted to any
authorities constituted by law for the ad-
wit iT1f hal p,it nf
he said territory so acquired, and by them
eported on untaVorably or recommended
or confirmation, or authorized to be sur
eyed or not; and pray in such petition
hat the validity of such title or claim may
e inquired into and decided.
Ana the said court Is hereby authorized
nd required to take and exercise jurisdic-
lon OF all cases or claims presented by Pc
ltlon In conformity with the provisions of
his act and to hear and determine the
anne, as in this act provided, on the petit
Ions and proofs in case no answer or an.
wers be filed, after due notice, or on the
etition and the answer or answers of any
erson or persons interested in preventing
ny claim from being established, and the
nswer of the attorney for the United
tates, where he may have filed an answer,
nd such testimony and proofs as may be
AIKEN; and copy of such petition, with a
itation to any adverse possessor or claim
Mt, shall Immediately after the filing of the
anne be served on such possessor or claim
- Al ehS VI ASSdi hiallhSl VI oCI NluR |
lch process in the proper State or Terri ,
'ry, and in like manner on the attorney !
or the United States; and it shall be the ..
uty OF the attorney for the United States,
8 also any adverse possessor or claimant, ;
fter service of petition and citation as :
ereinbefore provided, within thirty days, !
Mess further time shall for good cause !
Town, be granted by the court. or Judge !
hereof, to enter ali appearance. and plead,
nswer or demur to said petition; and in g
etault of such plea, answer or demurrer !
,ing made within said thirty days or :
thin the further time which may have
zen granted as aforesaid, the court shall {
-oceed to hear the cause on the petition :
nd proofs, and render a final decree &C. =
riding to the provisions of this act, and in !
} case shall decree be entered otherwise 8
ian upon full legal proof and hearing; and 7
every case the court shall require the =
,tition to be sustained by satisfactory y
'oofs, whether an answer or plea shall +
I've been fled or not. +
SEC. 7. That all proceedings subsequent i
the filing of said petition shall be CON ~