Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-28


the second day of February, in the year o
our Lord eighteen hundred and forty-eight
or the treaty concluded between the sam
powers at the City of Mexico on the thtr
teenth day of December in the year of GU
Lord eighteen hundred and tifty-three, AM
the laws and ordinances of the government
from which 1t Is alleged to have been de
rived, and all other questions properly arts
ing between the claimants or other partie
in the case and the United States, which do
cree shall in all cases refer to the treaty
law or ordinance under which such claim i
confirmed or rejected; and in confirming
any such claim. in whole or in part, tn
court shall in it's decree specify plainly thu
location, boundaries and area of the lant
the claim to which is so confirmed.
SEC. 8. That any person or corporation
claiming lands in any of the States or Ter
r1tories mentioned in this act under it'll
derived from the Spanish or Mexican Gov
eminent that was complete and perfect a
the date when the United States acquired
sovereignty therein shall have the RICH
(but shall not be bounO to apply to satt
court in the manner in this court provided
for other cases for a confirmation of sucl
title; and on such application said cour
shall proceed to hear, try and determine
the validity of the same and the right o
and boundaries, in the same manner ant
with the same power as in other cases IL
this act mentioned.
If In any such case, title so claimed to b.
perfect shall be established and confirmed
such confirmation shall be for SO much lane
only as such perfect title shall be found t.
cover, always excepting any part of sucf
land that shall have been disposed of by the
United States, and always subject to ant
not to affect any conflicting private interests
to any such claim or title, or adversely tc
the holder of any such claim or title. Anc
no confirmation of claims or titles In this
section mentioned shall have any effect
haf ~ fIl ft
claim of title by the United States; and nc
private right of any person as between him
self and other claimants or persons, In
respect of any such lands shall be In any
affected thereby.
1t shall be lawful for, and the duty of, the
head of the Department of Justice, when
ever in his opinion the PUBLIC interest or the
rights of any claimant shall require 1t, tC
cause the attorney of the United States in
said court to file in said court a petition
against the holder or possessor of any claim
or land in any of the States or Territories
in this act who shall not have
come in under the provisions OF
this act, stating in substance that the title
of such holder or possessor is open to ques.
ton, or stating in substance that the bound
aries of any such land, the claimant or pos
SCISSOR to or of which has not brought the
matter into court, are open to question, and
praying that the title to any such land, or
the boundaries thereof if the title be
be settled and adjudlcated; and
the court shall, on such notice to
such claimant or possessor, as 1t shall deem
mine the question stated in such petition or
arising in the matter, and determine the
matter according to law, Justice and the pro.
visions of this act, but subject to all lawful
rights adverse to such claim ant or possessor,
as between such claimant and possessor and
any other claimant or possessor, and subject
IN this respect to all the provisions OF this
section applicable thereto.
SEC. 8. That the party against whom the
court shall in any case decide-the United
n whole or in part, and the claimant, in case
If the rejection of claim in whole or in
3art-shall have the right OF appeal to the
Supreme Court of the United States, such
he date of such decision, and In all respects
% be taken in the same manner and upon
he same conditions, except In respect OF the
AMOUNT in controversy, as is now provlded
'y law for the taking of appeals from decis,
ons of the Circuit Courts of the United
states. On any such appeal the Supreme
Court shall retry the cause, as well as the
ssues of fact as of law, and may cause testi-
nony to be taken in addition to that given
n the court below, and may amend the
'ecord of the proceedings below as truth
md justice may require; and on such retr1ai
md hearing every question shall be open;
md the decision of the Supreme Court
hereon shall be final and conclusive.
ecree of the court below shall be final and
onclusiye.
Upon the rendition of any judgment of the
ourt confirming any claim, it shall be the
uty of the attorney of the United States to
otify the Acknowledgement, In writing, OF
UGH judgment giving him a clear state
1ent of the case and the points decided by
he court, which statement shall be verified
" the certificate of the presiding judge of
aid court; and in any case In which such
tatement shall not be received by the At
within sixty days next after
the ct p sach y IN uned sta
hall continue to exist until SIX months next
fter the receipt of such statement. And II
he Attorney-General shall 30 direct, II shall
re the duty of the clerk of the court to
nal Judgment has been rendered to the At
for his examination. In all
ases 1t shall be the duty OF the Attorney
General to instruct the attorney for the
United States what further course TO pursue
SEC. 10. That when any decision OF con-
rmation shall become final. the clerk of the
curt in which the final decision shall be had,
hall certify that fact to the Commissioner
be decree of confirmation, which shall
lainly state the location, boundaries and
reh Of the tract confirmed. The said Com
l1sJioner shall thereupon without delay
auSe the tract SO ConnImeu 10 NC surveyor
the cost of the United States. When any
UGH survey shall have been made and re-
lrned to the Surveyor-General Of the re.
pective Territory or State, and the plat
hereof completed, the Surveyor General
one, By publication once a week. for four
consecutive weeks in two newspapers, one
ublished at the capital of the Territory or
tate. and the other Qf any such there beg
ublished near the land SO surveyed, such
nd English languages; and the Surveyor
eneral shall retain such survey and plat
/ his ONCE for public inspection for the
I'LL period of ninety days from the date
t the first publication of notice in the news
aper published at the capital of the Terri.
1: II, at the Expiration of such period, no OBJ.
.ction to such survey shall have been
led with him, he shall approve the same
eneral Land once. If, within the said
eriod of ninety days, objections are made to
UGH survey. either by any party claiming
n interest in the confirmation or by any
arty claiming an interest in the tract &C TEN en-
UGH objection shall be reduced to writing,
tating distinctly the interest OF the OBJ
ector and the grounds OF his objection, and
lgned by him or his attorney, and filed with
ne SurveyorGeneral,w with such afidavits
r other proofs as he may produce In sup.
ort Of his objection. At the expiration of
ne said ninety days, the Surveyor-General
hall forward such survey, with the objec-
IONS and proofs filed in support of, or in OPP
osition to, such objections, and his report
hereon, to the Commissioner of the Gen
raj Land once.
Immediately upon receipt Of any such sur
ey, with or without objections thereto, the
aid Commissioner shall transmit the same,
18th all accompanying papers to the court
1 which the final decision was made for its
of the survey and of any OBJ
.ctions and proofs that may have been
led, or shall be furnished; and the
aid court shall thereupon determine If the
aid survey Is in substantial accordance
18th the decree of confirmation. If found
} be correct, the court shall direct it's clerk
} indorse upon the face of the plat its ap-
roval If found to be incorrect, the court
hall return the same for correction in such
articulars as 1t shall direct When any
lrvey is finally approved by the court. It
hall be returned to the Commissioner of
ne General Land once, who shall as soon
8 may be cause a patent to be issued thereon
) the confirnee. One-half of the necessary
expenses of making the survey and plat pro.
ided for in this section and In respect OF
,hich patent shall be ordered to be Issued,
b all be paid by the claimant or patentee,
nd shall be lien on said land, which may
e enforced by the sale of SO much thereof