Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-17

Chief Justice and Associate Judges of said
court, the first session thereof Will be held
at Denver Colorado, on Tuesday, the 18th
day of November, 1891.
The substance of said act of Congress is as
follows:
AN ACT
To establish a Court of Private Land Claims,
and to provide for the settlement of
private land claims in certain States and
Territories.
Sentati0eS Of the United States of AMERICA in
Congress assembled:
SECTION l. 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, 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 on
the thirty-iirst 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
point clerk who shall attend all the sessions
of the court and a 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 OF
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 afflrmattons. 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
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, and shall
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 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 and
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
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
thereof, and to perform such other services
as may be required of him by the court.
SEC. 3. That Immediately upon the organi-
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 puoilshed
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.
SEC. 4. That 1t 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-
latlng to any land grants or claims for
land within said States and Territories in
n no wnSh s AMY AMY P Peh the
of any person interested or by the attorney
Of the United States, to safely transmit
such records and papers to said court or to
thereof when required BY said Court, ans
produce such records and paperA
been heretofore lawfully and regularly re-
ceived by the Suryeyor-General OF the
proper Territory or State or by the Com
missioner OF the General Land once, upon
any ci.ins presented to them, respectively,
shall lie admitted in evidence i'll all Trials
under this act hen the person testitying Is
dead 50 far as the subject matter thereof
is competent evidence; and the court shall
give 1t such weight as, in its judgment, I'M
der all the circumstances, 1t ought to have.
SEC u. That it shall be lawful tor any
person or persons or corporation or their
legal representatives, claiming lands within
he,
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
ican grant, concession, warrant or survey
as the United States are bound to recognize
cesson 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 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
Inc 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
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 tit 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
dtion 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
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 for the United
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 po3SesSor 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 1t shall be the
duty of the attorney for the United States,
rs also any adverse possessor or claimant,
after service of petition and citation as
unless further time shall for good cause
shown, be granted by the court, or judge
thereof to enter an appearance, and plead,
answer or demur to said petition; and in
AofN 49, 1~h N1nn dam
being made within said thirty days or
within the further time which may have
been granted as aforesaid, the court shall
and proofs. and rcuder a final decree &C