Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-18
AN ACT

To establish Court of Private Land Claims
! and to provide for the settlement OF
private land claims in certain States and
Territories.
SeatdtiUes Of the United States of america, IN
Congress QSSem6led'
SECTION l. That there shall be, and hereby
is established court to be called the Courl
OF Private Land Claims to consist OF a chle1
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 and
with the advice and consent of the Senate
to hold their Offices for the term expiring Oh
the thirty-frst day of December ammo
domint eighteen hundred and ninety-hve
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. Inc
court shall also appoint stenographer VINO
shall attend all the sessions OF the court ana
perform the duties required of him by the
court.
The said court shall have the power to
| adopt all necessary rules and regulations
for the transaction of its business ana 70
carry out the provisions OF TINS act: 10 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 seventeen Oh Title I'LL teth VI lily
Revised Statutes of the United States. Each
OF said justices shall have power to ADMIN
lister oaths and aftirmations. 1t shall be the
duty of the United States marshal tor 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, anu 10
attend the court in person or by deputy
when so directed by the court. The court
Territories mentioned In this act as shall be
ueedful for the purposes thereof, and shall
give notice of the times and places OF the
holding of such sessions by publication IN
one newspaper published at the capital OF
such State or Territory, once a week
for two successive weeks, the last OF
which publications shall be not less SIS
| times of the holding OF 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 APP
pointed by the said court, person who
shall be when appointed cltlzen ana 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 eIVlces
as may be required OF him by the court,
| SEC 3. That Immediately upon the organl-
cation of said court the clerk shall cause
notices thereof, and of the time and place OF
the first session thereof, to be publlsneu 1oI
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
Mexico. Such notices shall be pu bnsned IN
! both the Spanish and English languages,
and shall contain the substance, of this act
| SEQ. 4. That 1t shall be the duty OF the
Commissioner Of the General Land once OF
the United States, the Surveyors-General
keeper of any public records who may have
possessions of any records and papers re-
lating to any land grants or claims Tor
land within said States and TERRITORIES IN
relation to which any petition snail De
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 20 SAID court or 70
thereof when required 6y said court ans
produce such records and paperA
SEC s. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the Surveyor-General OF the
proper Territory or state or by tne CoHu'
missioner of the General Land once, upon
ANY claims presented to them, respectively,
shall lie admitted in evidence In al trla!s
under this act when the person testlty1ng IS
dead, so far as the subject matter thereof
Is competent evidence; and the court shall
give it such weight as, in its judgment, I'M
der all the circumstances, 1t ought to nave.
SEC 9. That it shall be lawful Tor any
person or persons or corporation. or tnelf
| legal representatives. claiming lands Wltnln
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 or survey
as the United States are bound to recognize
and confirm by virtue OF the treaties or
| Cession of said country by Mexico to the
| United States which at the date OF the
passage of this act have not been confirmed
| by act of Congress or otherwise, hnally 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
Territory where said land Is situated and
where tie said court holds It's sessions, put
| 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
vey under which they claim, by whom
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
| a map showing the same as near as may be,
| and whether the said claim has heretofore
been confirmed, considered or acted upon
| by Congress or the authorities of the United
| States, or been heretofore submitted to any
authorities constituted by law for the adj
| tustment of land titles within the limits OF
the said territory SO acquired, and by them
reported on unfavorably or recommended
| 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 Is 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 Icing established, and the
answer of the attorney TOR the United
States, where he may have filed an answer
and such testimony and proofs as may be
taken; and copy of such petition, with
sitaSn to any adyerse Posse b or GAM I'M
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
unless further time shall for good cause
shown, be granted by the court or a judge
thereof, to enter an appearance, and plead
answer or demur to said petition; and in
default of such plea, answer or demurrer
within the further time which may have
been granted as aforesaid, the court shall
proceed to hear the cause on the petition
| md nd
cordlng to the provisions of this act, and III
no case shall a 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. 7. That all proceedings subsequent
to the filing of said petition shall be con
practice of the courts of equity of the
United States, except that the answer of the
attorney of the United States shall not BIZ
required to be verified by his oath, and ex
cept that, az far as praCticable, testimony