Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-19
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

NOTICE is hereby given that the Court o.
IN Private Land Claims, established by the
act of Congress approved March 8, 1891, en-
titled An actto establish Court OF Private
| Land Claims, and to provide Tor the settle
ment of private land claims In certain States
and Territories" was duly organized at thu
| City of Denver, In the State of Colorado, or
| the first day of July, 1891, by the appoint
ment of clerk and the other officers pro
| yided for in said act. And by order OF tht
| Chief Justice and Associate Judges of sait
| court, the first session thereof will be helC
at Denver Colorado, on Tuesday, the 17tf
The substance of said act of Congress is a.
| follows:
AN ACT
To establish Court of Private Land Claims
and to provide for the settlement OF
private land claims in certain States anc
Territories.
Be it enacted By the Senate and House Of Repre-
sentati0es Of the United States Of america, IN
Congress assembled:
SECTION l. That there shall be, and hereby
is established court to be called the Court
of Private Land Claims to consist OF a Ch1ei
justice and four associate justices, VINO 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 or the senate,
to hold their Offices for the term expiring on
the thirty-frst day of December ammo
domini eighteen hundred and ninety-fve,
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
for the transaction of its business and TO
carry out the provisions OF this act: TO issue
any process necessary to the transaction or
the business of said court, and to issue COM
missions to take dispositions as provided IN
chapter sevent cen of title thirteen of the
Revised Statutes of the United States. Each
OF said justices shall have power to admin
lister oaths and afflrmations. 1t ghall 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
when so directed by the court. The court
shall hold such sessions in the States and
Territories mentioned in this act as shall be
needful for the purposes thereof ana Il s1 tha
holding of such sessions, by publication IN
both the English and Spanish languages, In
one newspaper published at the capital OF
such state or Territory, once nee. ,,s week af
which publications shall be not less
times of the holding Of such SEES,
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, a 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
rs may be required of him by the court
SEC. 8. That Immediately upon the organ1-
cation of said court the clerk snail 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 ana
Of the Territories of Arizona and New
Mexico. Such notices shall be published In
both the Spanish and English languages
and shall contain the substance OF this act.
SEQ. 4. That it shall be the duty OF the
Commissioner 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-
lating to any land grants or CLAIMS 1or
land within said States and Territories IN
Felation 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
thereof when required BY said court, ana
produce such records and paporA
SEC. 5. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the Surveyor-General OF the
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 when the person testity1ng ls
dead, SO far as tine subject matter Thereon
Is competent evidence; and the court snail
give It such weight as in its Judgment, un'
der all the circumstances, it ought to have.
SEC. q. That 1t shall be lawful for any
person or persons or corporation or their
the limits of the territory derived by the
United States from the Repu bile 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 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.
cided upon by lawful authority, and which
every such case, to present a petition In
writing to the said court In the State or
Territory where said land is situated and
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
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 ad-
justment of land titles within the limits of
the said territory SO acquired, and by them
reported on untavorably 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.
And the said court Is hereby authorized
and required to take and exercise jurisdic-
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 Tiled, 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
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 copy of such petition, with
ant, shall Immediately after the fling 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,
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 judge
m a n