Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-20
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.
Be ii enacted By the Senate and House Of Repre-
Sentdtices 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 chief
| 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-trst day of December, ammo
domini eighteen hundred and ninety five,
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 APP
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 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 attrmations. 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
when SO directed by the court. The court
shall hold such sessions in the States and
Territories mentioned in this act as shall be
10 T.
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
such State or Territory, once a. week
for two successive weeks, the 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 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
pointed by the said court, a person who
shall be when appointed a 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 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 tor
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 published in
both the Spanish and English languages,
and shall contain the substance of this act.
SEC. !. That it shall be the duty OF the
Commissioner of the General Land once or
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 tor
land within said States and Territories in
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. 3. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the rveyor-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 testitying Is
dead, so far as the subject matter thereof
give It such weight as in its Judgment I'M
der all the circumstances, 1t ought to nave.
SEC. g. 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
lean grant, concession, warrant or survey
as the United States are bound to recognize
and confirm by virtue of the treaties of
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, finally 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 sad lahd IS situated and
where the 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,
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
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
this act, and to hear and determine the
same, as in this act provided, on the petit
lions and proofs in case no answer or an
swers be filed, after due notice, or on the
petition and the answer or answers of any |
person or persons int rested in preventing
any claim from being established, and the |
answer of the attorney for the United
States where he may have hled 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, |
after service of petition and citation as
provided within thirty days, |
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 |
default of such plea, answer or demurrer |
being made within said thirty days or
within the further time which may have |
been granted as aforesaid, the court shall |
proceed to hear the cause on the petition |
and, proofs, and render final decree &C
cording to the provisions of this act, and in |
no case shall 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-
Quoted as near as may be according to the
practice of the courts of equity of the
United States, except that the answer of the
attorney of the United States shall not be
rennired to be verified by his oath and eX-