Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-15

| the second day of February, in the year o
| our Lord eighteen hundred and tOrty-eight
or the treaty concluded between the sam,
! powers at the City of Mexico on the thlr
| lccnth day of December in the year OF oul
| Lord eighteen hundred and iiltY-three, anC
| the laws and ordinances of the government
| from which il is alleged to have been dc
! rived and all other questions properly arlS
| ing between the claimants or other parties
! in the case and the United States. VINO n lie
! cree shall in all Cases refer to the treaty
| law or ordinance under which such claim i
| confirmed OF rejected; and in confirm ne
| any such claim, in whole or in part, tnt
| court shall in It's decree specify plainly the
| location, boundaries and area OF the Iaut
| the claim to which is so confirmed.
SEC. 8. That any person or corporation
| claiming lands in any of the States or Ter
rttories mentioned in this act under titlt
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 righ
| (but shall not be bOund) to apply to sale
court in the manner in this court provided
for other cases for a confirmation of suct
title; and on such application said cour1
shall proceed to hear, try and determine
the validity OF the same and the right OF
the claimant thereto, its extent, location
/ and boundaries, in the same manner and
with the same rover as in other cases IN
this act mentioned
If in any such case, a title so claimed to be
perfect Shall be established and confirmed
only as such perfect title SHAH be found to
cover, always excepting any part OF such
land that shall have been disposed of by the
United States, and always subject to and
not to affect any conflicting private interests
rights or claims held or claimed adversely
to any such claim or title or adversely to
the holder of any such claim or title. And
no confirmation of claims or titles in TINS
section mentioned shall have any effect
other or further than as a release OF all
claim of title by the United States; and no
private right OF any person as between him
self and other claimants or persons, in
respect of any such lands shall be in any
manner 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 it, TO
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 Stgtes or Territories
mentioned in this act who shall not have
voluntarily 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
admitted be settled and adjudicated; and
thereupon the court SHALL on such notice to
such claimant or possessor, as II shall deem
reasonable, proceed to hear, try and deter
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 claimant or possessor,
as between such claimant and poSseSsor ana
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
States, in case of the confirmation of a claim,
In whole or in part, and the claimant, in case
of the rejection of claim in whole or in
part-shall have the right OF appeal to the
Supreme Court of the United States, such
appeal to be taken within six months from
the date of such decision, and in all respects
to be taken in the same manner and upon
the same conditions, except In respect OF the
amount in controversy, as Is now provided
by law for the taking of appeals from decis,,
ions of the Circuit Courts of the United
States. On any such appeal the supreme
Court shall retry the cause, as well as the
issues of fact as of law, and may cause test1-
mony to be taken in addition to that given
in the court below, and may amend the
record of the proceedings below as truth
and justice may require; and on such retrlal
and hearing every question shall be OPEN
and the decision of the Supreme Court
thereon shall be final and conclusive.
Should no appeal be taken as aforesaid, the
decree of the court below shall be final and
conclusive.
Upon the rendition of any Judgment Of the
court confirming any claim 1t shall be the
duty of the attorney of the United states TO
notify the Attorney-General in writing, OF
such Judgment giving him clear state
ment of the case and the points decided by
the court, which statement shall be verified
by the certificate of the presiding judge OF
said court; and in any case in which such
statement shall not be received by the At
within sixty days next after
the rendition OF such judgment the right OF
al fhn ~ Tinted
shall continue to exist until six months next
after the receipt of such statement. And II
the Attorney-General Shall so direct 1t shall
be the duty of the clerk of the court to
transmit the record of any cause In which
final judgment has been rendered to the At
for his examination. In all
cases it shall be the duty of the Attorney
General to instruct the attorney Tor the
United States what further course to pursue
and whether or not an appeal shall be taken.
SEC. TO- That when any decision of con-
frmation shall become final, the clerk OF the
court in which the final decision shall be had,
shall certify that fact to the Commissioner
of the General Land Office, with a copy OF
the decree of confirmation, which shall
plainly state the location, boundaries and
areE of the tract confirmed. The said Com
missioner shall thereupon without delay
cause the tract so confirmed to be surveyed
at the cost of the United States. When any
such survey shall have been made. and re-
turned to the Surveyor-General of the re- |
thereof completed, the Surveyor-G
shall give notice that the same has been
lone, by publication once a week, for four
weeks in two newspapers, one
published at the capital of the Territory or |
SStatsfs a1Rd the other df any such there be1
potices to be published in both tYh1eysf a snSn
and English languages; and the Surveyor
General shall retain such survey and plat
N his office for public inspection for the
tull period of ninety days from the date
paper published at the capital of the Terri.
.ory or State.
IT. at the expiration of such period, no OBJ
lection to such survey shall have been
and forward 1t to the Commissioner OF the
General Land ONCE. If, within the said !
period of ninety days, objections are made to
such survey. either by any party claiming
IN interest in the confirmation or by any |
party claiming an interest in the tract en-
oraced in the survey or any part thereof
such objection shall be reduced to writing, |
stating distinctly the interest OF the OBJ,
ector and the grounds of his objection, and |
signed by him or his attorney, and filed with
he Surveyor. General, with such afhdavits
Or other proofs as he may produce In sup. |
port OF his objection ). AT the expiration OF
shall forward such survey, with the objec-
tons and proofs filed in support of, or in OPP
position to, such objections, and his report
thereon, to the Commissioner of the Gen
Immediately upon receipt of any such sur
vey with or without objections thereto, the
said Commissioner shall transmit the same |
IN which the final decision was made for its
examination of the survey and of any OBJ
|ectlons and proofs that may have been |
iled, or shall be furnished; and the
said court shall thereupon determine if the
said survey is in. substantial accordance !
With the decree of confirmation. If found
10 be correct, the court shall direct Its clerk
70 indorse upon the face of the plat its APP
prevail If found to be incorrect, the court |
shall return the same for correction in such |
particulars as 1t shall direct. When any /
survey is finally approved by the court, It
shall be returned to the Commissioner of !
The General Land ONCE, who shall as soon !
as may be cause patent to be issued thereon |
TO the confrmee. One-half of the necessary |
expenses of making the survey and plat pro.
vided for in this section and In respect of
which patent shall be ordered to be Issued, |
shall be paid by the claimant or patentee,
and shall be lien on said land, which may |
hv the nf nnrh tharanf