Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-26
AN ACT

To establish a Court of Private Land Claims
and to provide for the settlement OF
private land claims in certain States auC
Territories.
Be ii enacted By the Senate and House Of Repre-
SentatireS Of the Ua{ted states Of america, in
Congress- dSSembled.
SECTION l. That there shall be, and hereby
is established a court to be called the Court
OF Private Land Claims, to consist of ohiet
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 offices for the term expiring on
the thirty-hrSt day of December, ammo
domini eighteen hundred and ninety five,
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 a clerk who shall attend all the sessions
of the court and deputy clerk, where
regular terms of the court are held. Inc
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 OF
the business of said court, and to issue com
ullSSlOuS 10 ldht utpOSllIbllS dS plONldCu Al
chapter seventeen of title thirteen of the
Revised Statutes OF the United States. Each
OF said justices shall have power to admin
lister odthS and at1rmatiOnS. 1t snail be the
duty OF the United States marshal Tor any
district OF 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 me court
shall hold such sessions in the States and
Territories mentioned in this act as shall be
needtul Tor the purposes thereof, and shall
give notice of the times and places OF the
holding 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 week
for two successive weeks, the 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, a competent attorney,
learned in the law, who shall when appointed
be resident and citizen of some state OF
States in said court. And there shall be ap-
pointed by the said court, 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
suages, 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. Thatimmediately upon the organ1-
cation of said court the clerk shall cause
notices thereof and of the time ana place OF
the first session thereof, to be published Tor
a period of ninety days in one newspaper az
the City Of Washington and IN one pup3llsh ed
at 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,
and shall contain the substance OF this act
SEC. 4. That it shall be the duty of the
of the General Land once OF
the United States the Suryeyors-Genera
Of such Territories and States, or the
keeper OF any pubic records VINO may nave
of any records and papers re-
Iating 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
Of any person interested or BIZ the attorney
Dt the United states, to safely transmit
sucn records and papers to said court or to
attend in person or by deputy, any session
thereof when required by said court, ans
produce such records and paperA
SEC 5. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the SurveyOr-General OF the
proper Territory or State or by the Com
OF the General Land once, upon
my claims presented to them, respectively,
shall be admitted in evidence in all tr1ais
Qluet LlllS act W uell Tic pei sui lh6 10
dead, so far as the subject matter thereof
Is competent evidence; and the court snail
give 1t such weight as, IN It's judgment, UNI
der all the circumstances, 1t ought TO nave.
SEC. q. That it 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 or Nyo-
ming, by virtue OF any such spanish or Mex
lean grant, concession, warrant or survey
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
of this act have not been confirmed
by act of Congress or otherwise, hndlly de-
cided upon by lawful authority, and which
are not already complete and perfect in
every such case, to present petition in
writing to the said court i'll the State or
Territory where sad Land Is situated and
where the said court holds its sessions, but
cases arising in the States and Territories
In which the court does not mold regular
sessions may be instituted at such place as
may he designated by the rules OF the court.
The petition shall set forth July the
nature of their claims to the lands, and
state the date and form OF the
grant, concession, warrant or order or 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
by the lease or permission OF the petitioner,
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-
ustment of land titles within the limits of
he said territory so acquired and by them
reported on untavorably or recommended
for 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.
Ana the said court is hereby authorized
md 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
,ame, as in this act provided, on the petit
ions and proofs in case nc answer or an
Jwers 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 fled an answer,
md such testimony and proofs as may be
aiken; and copy of such petition, with a
station to any adverse posSesSor or claim
ant, shall Immediately after the filing of the
same be served on such possessor or claim
Int in the ordinary legal manner of serving
,uch process in the proper State or Terri
,ory, and in like manner on the attorney
.or the United States; and it shall be the
luty of the attorney for the United States,
Is also any adverse posscsSor or Claimant
lfter service of petition and citation as
lereinbefore provided, within thirty days,
lnless further time shall for good cause
hown, be granted by the court, or a Judge
hereof, to enter an appearance, and plead,
lnswer or demur to said petition; and in
lefault of such plea, answer or demurrer
icing made within said thirty days or
within the further time which may have
,een granted as aforesaid the court shall
proceed to hear the cause on the petition
md proofs and render final decree &C |
ording to the provisions of this act, and in |
10 case shall a decree be entered otherwise
han upon full legal proof and hearing; and
n every case the court shall require the |
,etition to be sustained by satisfactory |
,roofs, whether an answer or plea shall |
AVE been filed or not.
SEC. 7. That all proceedings subsequent |
0 the filing of said petition shall be con-
ucted as near as may be according to the |
,ractice of the courts of equity of the
United States, except that the answer of the |
ttorney of the United States shall not be
equired to be verified by his OATH and ex-
ept that, as far as practicable, testimony
n a II he taken in the court or before one of |