Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-14

Congress assemblies
SECTION l. That there shall be, and hereby
is established court to be called the COur
OF Private Land Claims to consist of a chic
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 ant
with the advice and consent of the Senate
TO hold their offices for the term expiring or
the thirty-trst day of December ammo
dom1nt eighteen hundred and ninety-hve
any three of whom shall constitute d
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 The
court shall also appoint a stenographer who
shall attend all the sessions of the court anc
perform the duties required OF him by the
court.
The said court shall have the power tc
adopt all necessary rules and regulations
for the transaction of its business and tc
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 Seyent Teen OF title thirteen OF the
Revised Statutes of the United States. Each
OF said justices shall have power to admin
lister oaths and affirmations. 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
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
which publications shall be not less
than thirty days next preceding the
times of the holding of such ses-
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-
pointed by the said court, a 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
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 B. 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
ptIlOu OF ninety udNS Ill OuG newspaper al
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
of the General Land Office OF
The United States, the Suryeyors-Genera
Of such Territories and States, or the
keeper of any public records who may have
possessions of any records and papers re-
ating 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 by the attorney
ot the United States, to safely transmit
,uCn 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 papers
SEC. .. That the testimony which has
been heretofore lawfully and regularly re-
:eived 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
lnder this act W hen the person testifying is
lead, so far as the subject matter thereof
IS competent evidence; and the court shall
give 1t such weight as, in its judgment I'M
1er all the circumstances, II ought to nave.
SEC, q. That it shall be lawful for any
person or persons or corporation or their
egal 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
can 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-
:ided 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 in the State or
Territory where said land is situated and
where the said court holds its sessions but
Eases arising in the States and Territories
II which the court does not hold regular
sessions may be instituted at such place as
nay be designated by the rules of the court.
The petition shall set forth fully the
nature of their claims to the lands, and
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
)y the lease or permission of the petitioner,
Ind also the quantity OF land claimed and
he boundaries thereof, where situate, with
map showing the same as near as may be,
md whether the said claim has heretofore
been confirmed, considered or acted upon
~ Congress or the authorities of the United
states, or been heretofore submitted to any
constituted by law for the ad-
ustment of land titles within the limits of
he said territory SO acquired, and by them
exported on untavotably or recommended
or confirmation, or authorized to be sur
eyed or not; and pray in such petition
hat the validity of such title or claim may
De inquired into and decided.
Ana the said court is hereby authorized
Ind 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
anne, as in this act provided, on the petit
ions and proofs in case no answer or an
wers be filed, after due notice, or ON the
petition and the answer or answers of any
person or persons interested in preventing
my claim from being established, and the
Lnswer OF the attorney for the United
states, where he may have filed an answer,
md such testimony and proofs as may be
AIKEN; and copy of such petition, with a
itation to any adverse poEsesSOr or claim
mt, shall Immediately after the filing of the
anne be served on such poSsessor or claim
mt in the ordinary legal manner of serving
UGH process in the proper State or Terri
DRY, and in like manner on the attorney
or the United States; and 1t shall be the
uty OF the attorney tor the United States,
IS also any adverse pOSSeSSor or claimant
fter service of petition and citation as
ereinbefore provided, within thirty days.
Mess further time shall for good cause
hown, be granted by the court, or judge
hereof, to enter an appearance. and plead.
nswer or demur to said petition; and in
efault of such plea, answer or demurrer
eing made within said thirty days or
1ithin the further time which may have
cen granted as aforesaid, the court shall
roceed to hear the cause on the petition
nd proofs, and render a final decree &C
ording to the provisions of this act, and in |
o case shall decree be entered otherwise |
han upon full legal proof and hearing; and |
4 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 |
, 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 |
nited 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
hall be taken in the court or before one of
he justices thereof. The said court shall
ave full power and authority to hear and
all questions arising in cases be-
IRE 1t relative to the title to the land, the
inject of such case, the extent, location
nd boundaries thereof, and other matters