Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-01
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims


NOTICE is hereby given that the Court Of
IN Private Land Claims, established by the
act of Congress approved March 3, 1881, 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
City of Denver, In the state of Colorado, on
the first day Of July, 1891, by the appoint
vided for in said act. And by order of the
Chief Justice and Associate Judges of said
court, the first session thereof will be held
ct Denver. COLORADO, on Tuesday the 18th
The substance of said act of Congress is AZ
follows:
AN ACT
To establish Court of Private Land Claims
and to provide for the settlement OF
private land claims in certain States and
Territories.
Be II enacted by the Senats and House Of Repre-
sentatioes Of tho United States Of america, IN
Congress assembled.
SECTION l. That there shall be, and hereby
is established a court to be called the Court
of Private Land Claims, to consist OF chief
Justice and four associate justices, who snail
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 Offices for the term expiring on
the thirty-first day of December. ammo
domini eighteen hundred and ninety-tve,
any three of whom shall constitute a
quorum. Said court shall have and exercise
jurisdiction in the hearing and decision OF
private land claims according to the pro
visions of this act. The said court shall ap-
point clerk who shall attend all the sessions
of the court and deputy clerk where
regular terms of the court are held. Tne
court shall also appoint 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
for the transaction of its business and to
carry out the provisions of this act; to issue
any process necessary to the transaction On
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 aflrmattons 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 9{ deputy
shall hold such sessions in the States and
Territories mentioned in this act as shall be
needful for the purposes thereon, and shall
give notice of the times and places OF the
holding Of such sessions, by publication IN
one newspaper published at the capital of
such State or Territory, once a week
for two successive weeks, tho last OF
than thirty days next preceding the
times of the holding Of such SEES.
sions, but such sessions may be adjourned
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,
learned in the law, who shall when appointed
be a resident ard citizen of some state OF
States in said court. And there shall be APP
pointed by the said court, a person who
shall be when appointed a citizen and resi-
dent Of some State OF the United states,
skilled in the Spanish and English Ian
Kuages, to act as Interpreter and translator
In said court to attend all the sessions
thereof, and to perform such other services
as may be required of him by the court
SEC. 3. That Immediately upon the organ1-
cation Of said court the clerk shall! cause
notices thereof, and of the time and place OF
the first session thereof, to be published for
a period of ninety days In one newspaper at
ne CITY OF washington ana IN one pa9s 5ed
Of the Territories of Arizona and New
Mexico. Such notices shall be published in
both the Spanish and English languages,
md shall contain the substance OF TINS act.
Of the General Land once or
the United States, the Surveyors-General
Of such Territories and States. or the
keeper of any public records who may nave
possessions Of any records and papers re-
[ating to any land grants or claims TOR
land within said States and Territories IN
relation to which any petition shall be
brought under this act on the application
IF the United States, to safely transmit
Iuch records and papers to said court or to
attend in person or by deputy any session
hereof when required BY said court, anA
SEC. B. That the testimony which has
been heretofore lawfully and regularly re-
proper Territory or State or by the Com
missioner of the General Land ONCE, upon
my claims presented to them, respectively,
shall he admitted in evidence in all trials
1nder this act " hen the person test1Iylng Is
IS competent evidence; and the court shall
give 1t such weight as, in its Judgment, I'M
her all the circumstances, II ought TO nave.
SEC. 6. That it shall be lawful Tor 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
md now embraced within the Territories OF
New Mexico, Arizona or Utah, or within
The 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
;ession of said country. by Mexico to the
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 petition in
writing to the said court In the State or
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
yessions may be instituted at such place as
may be designated by the rules of the court
nature of their claims to the lands. and
state the date and form of the
grant, concession, warrant or order OF sur
Tey under which they claim, by whom
persons in possession of or claiming the
same, or any part thereof, otherwise than
by the lease or permission of the petitioner,
Ind also the quantity of land claimed and
he boundaries thereof, where situate, with
/ 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
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 unfavorably 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 decided.
And the said court is hereby authorized
Ind required to take and exercise jurisdic-
ION of all cases or claims presented by Pc
ition in conformity with the provisions Of
his act, and to hear and determine the
Iame, as in this act provided on the petit
ions and proofs in case nc answer or an
Iwers be filed, 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,
Ind such testimony and proofs as may be
aiken; and copy of such petition, with a
station to any adverse possessor or claim
Int, shall Immediately after the filing of the
same be served on such posssssor or claim
Int in the ordinary legal manner of serving
Iuch process in the proper State or Terri
.ory and in like manner on the attorney
Tor the United States; and it shall be the
luty of the attorney for the United States,
Is also any adverse possessor or claimant,
liter service of petition and citation as
provided, within thirty days,
lnless further time shall for good cause
Ihown, be granted by the court, or judge
.hArenf enter an annearanCe. and Mead