Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-22

City of Denver, in the State of Colorado, o
the first day OF July, 1891, by the appoin
yided for in said act And by order of tn
Chief Justice and Associate Judges of sal
court the first session thereof will be hel
At Denver Colorado, on Tuesday, the ut
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 o
private land claims in certain States an
Territories.
Be it enacted By the Senate and House of Repr.
sentdtiUeS Of the United States Of america, d
Congress assembled:
SECTION /. That there shall be- and hereb,
Is established a court to be called the Cour
of Private Land Claims, to consist of chic
Justice and four associate justices, who shall
be- when appointed, citizens and residents
to be appointed by the President, by ant
with the advice and consent of the Senate
to hold their Offices for the term expiring OF
the thirty-hrst day of December, anne
any three of whom shall constitute ;
quorum. Said court shall have and exercise
jurisdiction in the hearing and decision o.
private land claims according to the pro
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 a 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
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 afflrmations. 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
give notice of the times and places of the
holding of such sessions, by publication in
both the English and Spanish languages, In
one one newspaper pnbiished at the capital Of
for two successive weeks, the last of
which publications shall be not less
than thirty. days next preceding the
times OF the holding Of such SEES.
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,
be resident and citizen of some State of
the United States, to represent the United
States in said court And there shall be ap-
pointed by the said court, person who
sha be when appointed ci atsd and resi-
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
SEC. 3. That Immediately upon the organ1-
Lation of said court the clerk shall cause
notices thereof, and OF the time and place OF
the first session thereof, to be published for
the City of Washington and in one published
1t 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,
SEC. 4. That 1t shall be the duty OF the
Commissioner of the General Land ONCE OF
the United States, the Suryeyors-Genera
Of such Territories and States. or the
keeper of any public records who may have
possessions Of any records and papers re-
|ating to any land grants or claims for
land within said States and Territories in
relation to which any petition shall be
Of any person interested or by the attorney
sf the United States, to safely transmit
Iuch records and papers to said court or to
attend in person or BY deputy any session
produce such records and paperA
SEC g. That the testimony which. has
been heretofore lawfully and regularly re-
proper Territory or State or by the Com
of the General Land once, upon
lny claims presented to them, respectively,
shall be admitted in evidence ip az trials
lnder this act hen the person testitylng Is
lead SO far as the subject matter thereof
S competent evidence; and the court shall
give 1t such weight as, in Its judgment, I'M
Ter all the circumstances, 1t ought to nave
SEC 8. That 1t shall be lawful for any
person or persons or corporation or their
egal representatives, claiming lands within
The limits of the territory derived by the
United States from the Republic OF Mexico
Ind now embr aced within the Territories OF
New Mexico, Arizona or Utah, or within
he States of Nevada, Colorado or Wyo-
ming by virtue OF any such Spanish or Mex
can grant, concession, warrant or survey
Is the United States are bound to recognize
Ind 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.
:ided upon by lawful authority, and which
ire not already complete and perfect in
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 the said court holds its sessions, but
n which the court does not hold regular
SESSIONS may be instituted at such place as
nay be designated by the rules of the court.
The petition shall set forth 1ully the
nature OF their claims to the lands. and
state the date and form of the
rant, concession, warrant or order of sur
Tey under which they claim, by whom
made, the name or names of any person or
persons in possession OF or claiming the
'ame, or any part thereof Otherwise than
Ind also the quantity OF land claimed and
me boundaries thereof, where situate, with
map showing the same as near as may be,
and whether the SAID claim has heretofore
oy Congress or the authorities of the United
states, or been heretofore submitted to any
authorities constituted by law for the ad-
ustment of land titles within the limits OF
he said territory so acquired, and by them
reported on unfavor ably or recommended
Tor confirmation, or authorized to be sur
Keyed or not; and pray IN such petition
that the validity of such title or claim may
be inquired into and decideda
Ana the SAID court is hereby authorized
Ind required to take and exercise 1urisdic-
ion of all cases or claims presented by Pc
ttion in conformity with the provisions of
his act, and to hear and determine the
,ame, as in this act provided, on the petit
ions and proofs in case no answer or an
,wers be iiled, after due notice, or on the
petition and the answer or answers of any
person or persons int rested in preventing
any claim from Icing 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
AIKEN; and copy of such petition, with
citation to any adverse poEsessor 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 1t shall be the
duty of the attorney for the United States,
Is also any adverse possessor or claimant,
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 a 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 tho court shall require the