Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-07

Mexico at the City OF Guadalupe llidalgo on
the second day of February, In the year OF
our Lord eighteen hundred and forty-eight,
or the treaty concluded between the same
powers at the City of Mexico on the thlr-
teenth day OF December in the year OF our
Lord eighteen hundred and tty-three, anu
the laws and ordinances of the government
from which it is alleged to nave D3sn ue-
rived, and all ether questions properly arls-
ing between the claimants or other partles
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 conlfmlng
any such claim. in whole or IN part, tue
court shall in its decree specify plainly the
location, boundaries and area OF the lana
the claim to which is so confirmed.
SEC. 8. That any person or corporation
claiming lands in any Of the states or Isl III.
r1tories mentioned in this act under tile
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 rlgnt
(but shall not be bound) to apply to said
court in the manner in this court provided
for other cases for confirmation or sucn
title; and on such apple alton sald 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, title so claimed to be
perfect shall be established and confirmed,
such confirmation shall be for SO much laId
only as such perfect title shall be found 10
cover, always excepting any part OF suCn
land that shall have been disposed OF by the
United States, and always subject 10 anu
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. And
no confirmation of claims or titles IN TINS
section mentioned shall have any eneCL
other or further than as release OF all
claim of title by the United States; and no
private right of any person as between him
self and other claimants or persons, IN
respect of any such lands shall be IN any
manner 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 1t, 10
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 70 cues
ton, or stating in substance That the pound-
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 lana, OF
the boundaries thereof II the title De
admitted, be settled and adjudicated; ana
thereupon the court shall, on such notice TO
such claimant or possessor, as 1t shall deem
reasonable, proceed to hear, try and ceteI-
mine the question stated in sucn petitlon OF
arising in the matter and determine the
matter according to law, justice ana the pro,
visions of this act, but subject to all law1ul
rights adverse to such claimant or possessor,
as between such claimant and poSsessoT anu
any other claimant or possessor, and suolect
in this respect to all the provisions OF lhlS
section applicable thereto.
SEC g. That the party against. whom the
court shall in any case decloe-tne oh ni1
in n The confirmation OF a ClallIl,
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 10 the
Supreme Court of the United states, suCn
APPEAL to be taken within six months from
the date of such decision, and in all respects
to be taken in the same manner ana upon
the same conditions, except In respect OF the
amount in controversy, as Is now PROVIDED
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 me
issues of fact as of law, and may cause testl-
mony to be taken in addition to that gwen
in the court below, and may amend the
record of the proceedings below as tIut1
and justice may require; and on suGh ret l la
and hearing every question shall be open;
and the decision of the Supreme Court
thereon shall be final and CONCLUSIVE.
Should no appeal be taken as aforesaid ths
decree of the court below shall be nnal ana
conclusive.
Upon the rendition of any Judgment OF the
court confirming any claim, II shaa pe .4 ne
notify the Acknowledgement, in writing OF
such Judgment, giving him clear state
ment of the case and the points declded oy
the court, which statement shall be veflheq
by the certificate of the presiding Judge or
said court; and in any case In whlch such
statement shall not be received by the AT
torney-General within sixty days next AFTER
the rendition OF such Judgment the right OF
appeal on the part of the United states
shall continue to exist until six months next
after the receipt of such statement ana II
the Acknowledgement shall SO dlIeCt, II snil ~
be the duty of the clerk OF the court 10
transmit the record of any cause In which
final Judgment has been rendered to the !,
torney-General for his examination. IN all
cases it shall be the duty OF the Atforn t
General to instruct the attorney for the
United States what further course TO pursue
and whether or not an appeal snail be TAKEN
SEC. 10. That when any decision OF CON
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 snali
plainly state the location boundaries ana
areI Of the tract confirmed. me said Com.
missioner shall thereupon without delay
cause the tract so confirmed to be surveyed
at the cost of the United States. When any
such survey shall have been made ana re-
turned to the Surveyor-General OF the re.
spective Territory or State, and the plat
thereof completed, the Surveyor-General
shall give notice that the same mas been
done, by publication once week, Tor 1our
consecutive weeks in two newspapers, one
published at the capital of the Territory or
State, and the other df any such there oe)
near t6e adq IN s. otb ney
and English languages; and the surveyor.
General shall retain such survey and plat
in his otflce for public, inspection Tor tne
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
If, at the expiration of such period no OBJ
lection to such survey shall have been
filed with him, he shall approve the same
and forward It to the Commissioner OF the
General Land ONCE. II, within the SAID
period of ninety days, objections are made to
such survey, either by any party claiming
an interest in the confirmation or by any
party claiming an interest in the tract EN-
braced in the survey or any part tneIeoI
such objection shall be reduced to Writlng
jector and the grounds of his objection, ano
signed by him or his attorney, and MED wltn
the Surveyor G General, with such ahdav1ts
port Of hts objection. At the expiration Of
the said ninety days the Suryeyor.Genera
shall forward such survey, with the objec
lions and proofs filed IN support OF, or IN op
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 all accompanying papers to the .couri
in which the final decision was made for 1t.
examination of the survey and of any OBJ
jecuons and proofs that may have beer
said court shall thereupon determine If thu
said survey is in, substantial accordance
with the decree of confirmation II fount
to be correct, the court shall direct its clerl
to indorse upon the face OF the plat Its ap
Shall return the same for correction in sucl
particulars as it shall direct When any
shall be returned to the Commissioner O.
the General Land once, who Isl, shall al a. as sooI
to the confirmee. One-half of the necessary
expenses of making the survey and plat pro
vided for in this section and IN respect 9
which patent shall be ordered to be Issued
shall be paid by the claimant or patentee
he enforced by the sale of so much thereo
as may be necessary for that purpose, aftel
default of payment thereof for six months
Davt r. ar the anDrOVal of such survey AM