Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-25

Mexico at the City of Guadalupe Hidalgo c
the second day of February, in the year
our Lord eighteen hundred and forty-eigh
or the treaty concluded between the san
powers at the City of Mexico on the thi
teenth day of Deem Der in the year of OF
Lord eighteen hundred and hfty-three, an
me laws and ordinances of the governmeI
from which 1t is alleged to have been d
rived, and all other questions properly ari
ing between the claimants or other partie
In the case and the United States, which d.
cree shall In all cases refer to the treat,
law or ordinance under which such claim
confirmed or rejected; and in contirmin
any such claim, in whole or in part, tn
court shall in its decree specify plainly tn
location, boundaries and area of the Ian
the claim to which is SO confirmed.
SEC 3. That any person or Corporatio
GAINING lands in any of the States or Te1
r1tor1es mentioned in this act under It'll
derived from the Spanish or Mexican Coz
eminent that was complete and perfect a
the date when the United States acquire
sovereignty therein shall have the RICH
(but shall not be bound) to apply to sal
court In the manner in this court provide
Tor other cases for confirmation of sue
title; and on such application said cour
shall proceed to hear, try and determtn
the validity of the same and the right 0
the claimant thereto, its extent, Location
and boundaries, in the same manner an
with the same power as in other cases II
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 lant
only as such perfect title shall be found t.
cover, always excepting any part of sucl
land that shall have been disposed of by thu
United States and always subject to ant
not to affect any conflicting private interests
rights or claims held or claimed adversely
to any such claim or title, or adversely t
the holder of any such claim or title. Ant
no confirmation of claims or titles in thi.
section mentioned shall have any effec
other or further than as a release of al
claim of title by the United States; and nc
private right of any person as between him
self and other claimants or persons, il
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 it, tc
cause the attorney of the United States In
said court to file in said court petition
against the holder or possessor of any claim
or land in any of the States 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
he boundaries thereof If the title be
be settled and adjudicated; and
.hereupon the court shall, on such notice to
such claimant or possessor, as it shall deem
reasonable, proceed to hear, try and deter
nine the question stated in such petition or
arising In the matter, and determine the
natter according to law, justice and the pro-
'tsions OF this act, but subject to all lawful
lights adverse to such claimant or possessor,
Is between such claimant and posSessor and
my other claimant or possessor, and subject
n this respect to all the provisions of this
ectton applicable thereto.
SEC 8. That the party against whom the
curt shall In any case deC1de-the United
states, in case of the confirmation of claim,
q whole or In part, and the claimant, in case
Il the rejection of claim in whole or in
have the right of appeal to the
supreme Court of the United States, such
ppeal to be taken within six months from
he date of such decision, and in all respects
o be taken in the same manner and upon
he same conditions, except in respect of the
mount in controversy, as Is now provided
y law for the taking of appeals from decis-
ons of the Circuit Courts of the United
tates. On any such appeal the Supreme
curt shall retry the cause, as well as the
lony to be taken In addition to that given
/ the court below, and may amend the
ecord of the proceedings below as truth
nd Justice may require; and on such retrial
nd hearing every question shall be open;
nd the decision of the Supreme Court
lereon shall be final and conclusive.
hould no appeal be taken as aforesaid, the
ecree of the court below shall be final and
inclusive.
Upon the rendition of any judgment of the
,urt confirming any claim, 1t shall be the
lty of the attorney of the United States to
)tify the Attorney-General, in writing, OF
lch judgment, giving him a clear state
lie court, which statement shall be verified
' the certificate of the presiding judge of
lid court; and in any case In whlch such
atement shall not be received by the At
lie rendition OF such Judgment the right of
ppeal on the part of the United States
lall continue to exist until six months next
fter the receipt of such statement. And II
lie Attorney-General shall so direct, 1t shall
e the duty of the clerk of the court to
,ansmit the record of any cause In which
nal Judgment has been rendered to the At
,rney General for his examination. In all
Asses 1t shall be the duty of the Attorney
eneral to instruct the attorney for the
nd whether or not an appeal shall be taken.
SEC. 10. That when any decision OF con
rmation shall become final, the CLERK OF the
,urt In which the final decision shall be had,
the General Land ONCE, with copy of
lie decree of confirmation, which shall
ainly state the location, boundaries and
rea of the tract confirmed. The said Com
issioner shall thereupon without delay
,use the tract SO confirmed to be surveyed
the cost of the United States. When any
ich survey shall have been made and re-
lrned to the Surveyor-General OF the re-
)ective Territory or State, and the plat
hereof completed, the suryeyor,General
lall give notice that the same has been
one, by publication once week, for four
,nsecutive weeks in two newspapers, one
lblished at the capital of the Territory, or
tate. and the other. Of any such there be)
IL - thA and O.
offices to be published in both the Spanish
nd English languages; and the Surveyor
eneral shall retain such survey and plat
his office for public inspection for the
Ill period of ninety days from the date
aper published at the capital of the Terri
Try or State.
If, at the expiration of such period no OBJ
,ction to such survey shall have been
ed with h he ts aa
eneral Land ONCE. If, within the said
eriod of ninety days, objections are made to
lch survey, either by any party claiming
4 interest in the confirmation or by any
arty claiming an interest in the tract EN-
raced in the survey or any part thereof,
lch objection shall be reduced to writing,
.ating distinctly the interest of the OBJ.
.ctor and the grounds of his objection, and
gned by him or his attorney, and hled with
lie Surveyor. General, with such affidavits
T other proofs as he may produce In sup.
ort Of his objection. AT the expiration Of
ne said ninety. days, the Surveyor-Genera
hall forward such survey, with the objec-
ons and proofs filed in support of, or In OPP
osition to, such objections, and his report
lereon, to the Commissioner of the Cen
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
l which the final decision was made for its
of the survey and of any OBJ
actions 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 its clerk
} indorse upon the face of the plat its APP
rovaL If found to be incorrect, the court
hall return the same for correction in such
articulars as 1t shall direct. When any
urvey is finally approved by the court, It
hall be returned to the Commissioner of
he General Land ONCE, who shall as soon
8 may be cause patent to be issued thereon
0 the confirmee. 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,
hall be paid by the Claimant or patentee,
nd shall be a lien on said land, which may