Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-28

| Cnlef JuSllCe ana Associate Judges OF Sdlu
court, the first session thereof Will be held
at Denver, Colorado, on Tuesday, the 18th
day of November, 1891.
The substance of said act of Congress is as
follows:
To establish a 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 Senate and House Of Repre-
sehtatiges Of tie UnUed States Of america, IN
| Congress assembled.
SECTION l, That there shall be, and hereby
Is established court to be called the Court
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-trst day of December, ammo
domini eighteen hundred and ninety-tve,
any three of whom shall constitute a
quorum Said court shall have and exercise
| 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. The
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
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 attirmations. 1t shall be the
| duty of the United States marshal for any
district or Territory in which the court is
| IL
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
| needful for 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 a week
for two successive weeks the last OF OF
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
| the United States, to represent the United
States in said court. And there shall be APP
pointed by the said court, a person who
dent of some State of the United States,
skilled in the Spanish and English Ian
guages, to act as Interpreter and translator
In said court, to attend all the sessions
thereof, and to perform such other services
rs may be required of him by the court
SEC. 3. That Immediately upon the organi-
Lation of said court the clerk shall cause
notices thereof and of the time and place OF
the first session thereof, to be published for
period of ninety days in one newspaper at
the City of Washington and in one published
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
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 have
possessions of any records and papers re-
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 any person interested or by the attorney
OF the United States, to safely transmit
such records and papers to said court or to
thereof when required by said court, ana
produce such records and papers.
SEC g. 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
missioner of the General Land ONCE upon
any claims presented to them, respectively,
shall be admitted in evidence in all trials
under this act when the person testifying is
dead so far as the subject matter thereof
Is competent evidence; and the court snail
give 1t such weight as, in its judgment, I'M
der all the circumstances, 1t ought to nave.
SEC g. That it shall be lawful for 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 Wyo-
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
passage of this act have not been confirmed
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
where the said court holds its sessions, but
cases arising in the States and Territories
In which the court does not hold regular
sessions may be instituted at such place as
may be designated by the rules of the court. |
the petition shall set forth fully the |
nature of their claims to the lands, and
particularly state the date and form of the |
grant, concession, warrant or order of 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-
Ar, ST pf LAM n li,t,ita
the said territory SO acquired, and by them |
reported on unfavorably or recommended |
for confirmation, or authorized to be sur
yeyed 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 |
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 |
swers 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,
and such testimony and proofs as may be |
taken; and copy of such petition, with a
citation to any adverse Possesso el, or claim,
same be served on such possessor 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,
as also any adverse possessor or claimant,
after service of petition and citation as
hereinbefore provided, within thirty days,
unless further time shall for good cause
shown. be granted by the court, or Judge
thereof, to enter an appearance, and plead,
answer or demur to said petition; and in
default of such plea, answer or demurrer
being made within said thirty days or
been granted as aforesaid, the court shall |
proceed to hear the cause on the petition
and proofs, and render a final decree &C.
cording to the provisions of this act, and in
no case shall decree be entered otherwise
than upon full legal proof and hearing; and
in every case the court shall require the
petition to- be sustained by satisfactory
proofs, whether an answer or plea shall
have been filed or not.
u Ill dir,erc ci,l,