Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-06
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

NOTICE is hereby given that the Court Of
~ Private Land Claims, established by the
act of Congress approved March 3, 1891, en-
titled An act to establish Court Of Private
Land Claims, and to provide for the settle
ment of private land claims in certain States
and Territories was duly organized at the
ely Of the State b OF fSe 0
ment of clerk and the other officers pro
vtded for in said act. And by order of the
Chief Justice and Associate Judges OF SAG
court, the first session thereof will be held
at Denver Colorado, on Tuesday, the 18th
day of November, 1891.
The substance of said act of Congress is as
follows:
To establish Court of Private Land Claims,
and to provide for the settlement OF
private land claims in certain States and
Territories.
Be Il enacted by the Senate and House Of Repre-
sentatipes Of tho 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 ofnces for the term expiring on
the thirty-frst day of December, ammo
domini eighteen hundred and ninety.nve,
any three of whom shall constitute a
quorum. Said court shall have and exercise
| jurisdiction In the hearing and decision or
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. me
court shall also appoint a stenographer VINO
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 us
| 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 afirmattons. 1t Ehall 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
hsn 1 S eSS b T Re COURT ar y depuy
shall hold such sessions in the States and
Territories mentioned in this act as shall be
needful for the purposes thereof, and shall
Folding 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 tS. ;,s week of
which publications shall be not less
than thirty days next preceding the
times of the holding Of such ses,
sions, but such sessions may be adjourned
from time to time without such publication:
SEC q That there shall also be appointed
by the President. by and with the ADVICE ana
consent of the Senate, a competent attorney,
be resident aud 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, a person who
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 an the sessions sessions
rs may be required of him by the court
SEC. 3. That immediately upon the organl-
Lation of said court the clerk shall cause
notices thereof ana OF me t IN ahE for
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
Mexico. Such notices shall be pu blished in
both the Spanish and English languages,
and shall contain the substance OF THIS act.
SEC. 4. That 1t shall be the duty OF the
Commissioner Of the General Land once OF
the United States, the SuryeyorsGenera
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 for
land within said States and Territories in
brought under this act. on the application
Of the United States, to safely transmit
such records and papers to said court or to
thereof when required BY said court anA
produce such records ana paperA
SEC. 5. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the surveyor,denehr a tb OF cine Inc
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 testifying is
Is competent evidence; and the court shall
give It such weight as, in its Judgment, un-
der all the circumstances, 1t ought TO nave.
SEC 9. That 1t shall be lawful Tor 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 OK Wyo-
ming, by virtue of any such Spanish or Mex
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
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 a petition In
Territory where said land is situated and
where tie said court holds its sessions, but
cases arising in the States and Territories
in which the court does not hold regular
may he designated by the rules of the court.
The 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
and also the quantity Of land claimed and
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
reported on unfavorably or recommended
for confirmation, or authorized to be sur
yeyed 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 1urtsdic-
ton of all cases or claims presented by pc.
tition In conformity with the provisions of
this act, and to hear and determine the
same, as in this act provided, on the petit
lions and proofs in case nc answer or an
swers be Tiled, after due notice, or on the
petition and the answer or answers of any
person or persons interested in preventing
any claim from being 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
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
for the United States; and it 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,