Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-16

or the treaty concluded between the Sdillt
powers at the City of Mexico on the thir
teenth day of December In the year OF our
| Lord eighteen hundred and titty-three, ana
the laws and ordinances of tile government
from which it is alleged to have been de-
rived, and all other questions properly arts
ing between the claimants or other parties
in the case and the United States. which De
cree shall in all cases refer to the treaty
law or ordinance under which such claim is
confirmed or rejected; and in confirming
any such claim, in whole or in part the
court shall in its decree specify plainly inc
location, boundaries and area of the land
| the claim to which Is so confirmed.
SEC. s. That any person or corporation
claiming lands in any of the States or Ter
ritories mentioned in this act under title
derived from the Spanish or Mexican GOV.
eminent that was complete and perfect az
the date when the United States acquired
| sovereignty therein shall have the right
| (but shall not be bound) to apply to said
court In the manner in this court provided
| for other cases for a confirmation OF such
| title; and on such application SAID court
shall proceed to hear, try and determine
the validity of the same and the right OF
the cla mant thereto, its extent, location
and boundaries in the same manner and
| with the same power as In other cases III
| this act mentioned.
If In any such case, a title so claimed to be
perfect shall be established and confirmed,
such confirmation shall be for so much land
| only as such perfect title shall be found to
cover, always excepting any part Of such
land that shall have been disposed or by the
|
not to affect any conflicting private interests
rights or claims held or claimed adversely
to any such claim or title, or adversely TO
the holder of any such claim or title. ana ana
section mentioned shall have any eheCt
other or further than as release OF all
claim of title by the United States; and no
private right OF any person as between MIN
| self and other claimants or persons, III
respect of any such lands shall be in any
manner affected thereby.
L., al fD1- ry11 lIt TNFf VA
head of the Department of Justice, when
ever in his opinion the public interest or the
rights of any claimant shall require 1t, TO
cause the attorney of the United States in
said court to file in said court a 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 nave
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
the boundaries thereof If the title oe
admitted, be settled and adjudicated; and
! thereupon the court SHALL on such notice to
such claimant or possessor, as 1t shall deem
reasonable, proceed to hear, try and deter
mine the question stated in such petition or
arising in the matter, and determine the
| matter according to law, justice and the pro
visions of this act, but ubject to all lawful
| rights adverse to SQC1 Claimant OF pOSSesSOI,
as between such claimant and possessor and
any other claimant or possessor, and subject
In this respect to all the provisions OF this
section applicable thereto.
| SEC. 8. That the party against whom the
| court shall in any case dectde-the United
States, in case of the confirmation OF aclaim,
In whole or in part, and the claimant In case
of the rejection of a claim in whole or in
part-shall have the right of appeal to the
| Supreme Court of the United States, such
appeal to be taken within six months from
the date of such decision, and In all respects
to be taken in the same manner and upon
| the same conditions, except in respect OF the
| amount in controversy, as Is now provlded
| by law for the taking of appeals from decls,
| ions of the Circuit Courts OF the United
| States. On any such appeal the supreme
Court shall retry the cause, as well as the
issues of fact as of law, and may cause testi-
mony to be taken in addition to that given
In the court below, and may amend the
| record of the proceedings below as truth
and justice may require; and on such retriai
and hearing every question snail De open open
thereon shall be final and CONCLUSIVE.
Should no appeal be taken as aforesaid, the
decree of the court below shall be final and
conclusive.
Upon the rendition of any Judgment of the
court confirming any claim, It shail oe tne
duty of the attorney of the United States to
notify the Attorney-General, In writing, OF
such Judgment, giving him a clear state
ment of the case and the points decided py
I,
by the certificate of the presiding judge OF
said court; and in any case In which such
statement shall not be received by the AT |
torney-General within sixty days next after
appeal on the part Of the United states
shall continue to exist until SIX months next
after the receipt of such statement. Ana Il
the Acknowledgement shall SO direct 1t shall
be the duty of the clerk of the court TO
transmit the record of any cause in which
final judgment has been rendered to the AZ,
cases 1t shall be the duty of the Attorney
General to instruct the attorney for the
United States what further course to pursue
and whether or not an appeal shall be taken.
SEC. 10. That when any decision of con-
frmation shall become final. the clerk OF the
court in which the final decision shall be had,
shall certify that fact TO the commissioner
of the General Land ONCE, with copy OF
the decree of confirmation, which snail
plainly state the location, boundaries and
areG Of the tract confirmed. The said Com
cause the tract so confirmed to be surveyed
at the cost of the United States. When, any
such survey shall have been made and re-
spective Territory or State, and the plat
thereof completed, the Surveyor-General
shall give notice that the same has been
done, by publication once week, tor four
consecutive weeks in two newspapers, one
published at the capital of the Territory, or
State, and the other Of any such there bel
published near the land SO surveyed, such
and English languages; and the surveyor
General shall retain such survey and plat
In his office for public inspection for the
full period of ninety days from the date
OF the first publication of notice in the news
paper published at the capital of the Terri
tory or State.
:. If. at the expiration of such period, no oh.
lection to such survey shall have been
filed with him, he shall approve the same
and forward 1t to the Commissioner OF the
General Land once. If, within the said
such Sue his survey If either by any party claiming
an interest in the confirmation or by any
party claiming an interest in the tract en-
In the or any Par
stating distinctly the interest of the OBJ
jector and the grounds OF his objection, and
signed by him or his attorney, and filed with
the Surveyor. General, with such af1davits
or other proofs as he may produce IN sup:
port Of HIS objection. At the expiration of
the said ninety days, the Suryeyor.General
lions and proofs filed in support of, or in OPP
position to, such objections, and his report
thereon, to the Commissioner OF the Gen
| eral Land once.
Immediately upon receipt of any such sur
vey, with or without objections thereto, the
said Commissioner shall transmit the same,
with al accompanying papers to ne GO court
examination of the survey and of any OBJ
jections and proofs that may, have been
| filed, or shall be furnished; and the
BalQ court Snail luSICupoh uctCl Luc
said survey is in substantial accordance
with the decree of confirmation. If found
to be correct, the court shall direct its clerk
| to indorse upon the face of the plat its ap-
prevail. If found to be incorrect, the court
shall return the same for correction in such
particulars as it shall direct When any
survey is finally approved by the court, #
the General Land once, who shall as soon
as may be cause patent to be issued thereon
| to the confirmee. One-half of the necessary
| pofy1 tim ha and n LAT
yided for in this section and in respect of
which patent shall be ordered to be Issued,
sh all be paid by the claimant or patentee,
be enforced by the sale of so much thereof
as may be necessary for that purpose, after
I default of payment thereof for six months
plat; and no patent shall issue until such
| Dayment