Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-29
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

NOTICE is hereby given that the Court o
~ Private Land Claims, established by TIN
act of Congress approved March 3, 1891, en-
titled An act to establish Court OF Pr1vat
Land Claims, and to provide for the settle
ment of private land claims in certain States
and Territories" was duly organized at tn,
City of Denver in the State of Colorado, OF
the first day Of July, 1891, by the appoint
ment of clerk and the other officers, pro
Chief Justice and Associate Judges of sait
court, the first session thereof will be helt
ut Denver, Colorado, on Tuesday, the It'll
The substance of said act of Congress is a
follows:
To establish Court of Private Land Claims
and to provide for the settlement o;
private land claims in certain States ant
| Territories.
Be it enacted by the Senate and House Of Repre-
sentatives Of tho United states Of America, IL
| Congress assembled:
SECTION /. That there shall be, and hereby
is established court to be called the Courl
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 offices for the term expiring on
| the thirty-tlrst day of December, ammo
domini eighteen hundred and ninety-tve
any three of whom shall constitute
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. 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 10 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
lister oaths and aflrmations. 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 BY deputy
when so directed by the court. The court
shall hold such sessions in the States and
Territories mentioned In this act as shall be
give notice of the times and places of the
holding of such sessions, by publication In
both the English and Spanish languages, IN
one p9eshted at 6ne capa
for two successive weeks, the last, of
which publications shall be not less
than thirty days I next preceding sddng the the
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 resident and citizen of some State of
the United States, to represent the United
States in said court. And there shall be ap-
shall be when appointed a citizen and resi-
dent of some State of the United States,
skilled in the Spanish and English Ian
Euages, to act az Interpreter ana translator
thereof, and to perform such other services
rs may be required of him by the court
SEC. 3. That Immediately upon the organi-
ration Of said court the clerk shall cause Sc
the first session thereof to be published Tor
period of ninety days in one newspaper at
the City of W ashington and In one puDilshed
the eaP o5 ns 81 sfats r 81 and Ne%
Mexico. Such notices shall be published In
both the Spanish and English languages,
and shall contain the substance OF this act.
SEQ. 4. That 1t shall be the duty of the
Commissioner Of the General Land ONCE of
the United States, the Surveyors-General
of such Territories and States, or the
keeper of any public records who may haYe
lating to any land grants or claims for
land within said States and Territories in
relation to, which any petition shall be
brought under this act; on the application
Of the United States, to safely transmit
such records and papers to said court or to
attend in person or by deputy any session
thereof when required ~ SAID court ans
SEC 3. 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
any claims presented to them, respectively,
shall lie admitted in evidence in all trials
under this act when the person testitying is
dead, SO far as the subject matter thereof
Is competent evidence; and the court shall
give 1t such weight as, in its Judgment, I'M
der all the circumstances II ought to nave.
SEC &. That 1t shall be lawful for any
person or persons or corporation or their
legal representatives, claiming lands within
the limits of the territory derived oy the
United States from the Republlc OF Mexico
and 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
lean grant concession, warrant or survey
and confirm by virtue OF the treaties of
cession OF said country by Mexico TO the
United States which at the date of the
passage OF ILLS act nave uOl UcCn Gum ulSu
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
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
may be designated by the rules of the court.
The petition shall set forth 1ully the
nature of their claims to the lands, and
particularly state the date and form OF the
grant, concession, warrant or order OF sur
Tey 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
q map showing the same as near as may be,
and whether the said claim has heretofore
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
on unfavorably or recommended
for confirmation, or authorized to be sur
veyed 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
and required to take and exercise jurisdic-
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
tons and proofs in cane no answer or an
swers be hled, after due notice, or on the
petition and the answer or answers of any
person or persons ltarested in preventing
any claim from Icing 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
M q of
citation to any adverse poSsessor or claim
ant, shall Immediately after the filing of The
same be served on such posssssor or claim
ant in the ordinary legal manner of serving
such process in the proper State or Terri
tory, and in like manner On the attorney
for the United States; and it shall be the
duty of the attorney for the United States,
ss also any adverse possessor or claimant,
hereinbefore provided, within thirty days.
unless further time shall for good cause