Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-16
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

CVull vi 1llfQIG Lulu VluIlLC
NOTICE is hereby given that the Court OF
IN Private Land Claims, established by the
titled IAN act to establish Court of Private
Land Claims, and to provide for the settle
ment of private land claims in certain States
and Territories, was duly organized at the
City of Denver, In the state of Colorado, on
the first day of July, 1891, by the appoint
ment of a clerk and the other officers pro
vded for In said act. And by. order OF the
Chief Justice and Associate Judges OF SAG
court, the first session thereof will be held
at Denver. Colorado, on Tuesday, the l7th
day of November, 1891.
The substance Of said act of Congress is as
follows:
To establish Court of Private Land Claims,
and to provide for the settlement OF
private land claims in certain States and
Territories.
sentdtives Of the United States Of America, In
Congress assembled:
SECTION /. That there shall be, and hereby
is established a court to be called the Court
of Private Land Claims, to consist OF ch1ef
Justice and four associate justices, VINO Snall
be, when appointed, citizens and residents
of some of the States of the United states,
to be appointed by the President, by ana
to hold their ofhces for the term expiring on
the thirty-frst day of December, ammo
domini eighteen hundred and ninety. I'VE,
any three Of whom shan constltute a
Jurisdiction in the hearing and decision or
private land claims according to the pro
visions of this act The said court shali APP
point clerk who shall attend all the sessions
regular terms of the court are held. Tne
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 regulatlons
for the transaction of its business ana 10
carry out the provisions OF TINS act: 10 issu et
the business of said court, and to issue COM
missions to take dispositions as provided IN
chapter seventeen of title thirteen OF the
Revised Statutes of the United States Each
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 Is
placed in his hands for this purpose, and to
when SO directed by the court. The court
shall hold such sessions in the States and
needful for 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 N
such Hf state or territory, once 1 week
for two successive weeks, tho last, of
which publications shall be not less
than thirty days next preceding the
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 ana
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
shan 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
rs may be required of him by the court.
SEC. 3. That immediately upon the organi-
cation of said court the clerk shali cause
notices thereof, and of the time and place OF
the first session thereof, to be published for
q period of ninety days in one newspaper at
the City of Washington and In one pubhshea
ut the capital OF the State OF Color ado and
Mexico. Such notices shall be published In
both the Spanish and English languages,
and shall contain the substance OF TINS aCt.
SEQ. 4. That 1t shall be the duty OF the
Of the General Land once OF
of such Territories and States. or the
keeper of any public records who may have
possessions Of any records and papers re.
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
such records and papers to said court or to
t when required ~ said Court ana
produce such records and papera
SEC. 3. That the testimony which mss
been heretofore lawfully and regularly re-
ceived by the Surveyor-General OF the
proper Territory or state or ~ 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 when the person test1tylng IL
dead, SO far as the subject matter tnete11
is competent evidence; and the court shall
give it such weight as, in its Judgment, un-
der all the circumstances, it ougnt to have.
SEC. 6. That it shall be lawful for any
person or persons or corporation OF tnei1
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 a
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 treatles OF
United States which at the date OF the
passage of this act have not been confirmed
by act of Congress or otherwise, finally de.
eided upon by lawful antaoriay ana arf waii n
every such case, to present a petition In
writing to the said court in the State or
Territory where said land 10 situated and
cases arising in the States and Territories
In which the court does not hold regular
sessions may be instituted at such place as
may he designated by the rules OF the court.
the petition shall set form Inliy Inc
particularly state the date and form OF the
Rrant, concession, warrant or order OF sur
Tey 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
q 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 ad,
justment 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
yeyed or not; and pray IN such petition
that the validity of such title or claim may
be inquired into and decided.
And 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 being established, and the
States, where he may have filed an answer,
and such testimony and proofs as may be
taken; and copy Of such petition, with a
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
Is also any adverse possessor or claimant
after service of petition and citation as
hereinbefore provided within 3Gr thirty anady days
Shnwu he granted nv the court. or a Judge