Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-30

| pONCIS dl the tlly OF MEXICO ON the lulT
! teenth day of December in the year of oul
| Lord eighteen hundred and ffty-three, ant
| the laws and ordinances of the government
from which it is alleged to have been de
f nv a. and al 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 the
location, boundaries and area of the land
the claim to which is so confirmed.
SEC D. That any person or corporation
claiming lands in any of the States or Ter
rttories mentioned in this act under title
derived from the Spanish or Mexican Gov
eminent that was complete and perfect al
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
Tor other, cases for 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 ella INFANT thereto, its extent, location
and boundaries, In the same manner and
with the same power as in other cases in
this act mentioned.
If in any such case, title so claimed to be
perfect shall be established and confirmed,
such contirm alton 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 of by the
United States, and always subject to and
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 this
section mentioned shall have any effect
other or further than as a 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 therehy
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 it, 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 have
voluntarily come in under the provisions of
this act, stating in substance that the title
OF such holder or posscssor 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 be
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 subject to all lawful
rights adverse to such claimant or possessor,
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 decide-the United
States, in case of the confirmation of claim,
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 provided
by law for the taking of appeals from decis.
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 retr1al
and hearing every question shall be 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 shall DO the
luty of the attorney OF the United states TO
such judgment giving him clear state
nent of the case and the points decided by
he court, which statement shall be verified
BY the certificate of the presiding Judge Of
statement shall not be received by the At
within sixty days next after
the rendition OF such judgment the right of
on tine the
after the receipt of such statement. And #
the Attorney-General shall so direct, 1t shall
be the duty of the clerk of the court to
Ine ba be % a ryndepsS to the AZ
for his examination. In all
cases 1t shall be the duty of the Attorney
Ieneral to instruct the attorney for the
United States what further course to pursue
SEC 10. That when any decision OF con-
irmation shall become final, the clerk of the
court in which the final decision shall be had, |
shall certify that fact to the Commissioner
If the General Land ONCE, with copy of
he decree of confirmation, which shall
plainly state the location, boundaries and
urea of the tract confirmed. The said Com
missioner shall thereupon without delay
1t the cost of the United States. When any
such survey shall have been made and re-
urned to the Surveyor.General OF the re-
hereof completed, the Surveyor General
hall give notice that the same has been
lone, by publication once week, for four
weeks in two newspapers, one
published at the capital of the Territory, or
published near the land so surveyed, such |
notices 80 be published in both the Spanish
md English languages; and the Surveyor
n his office for public inspection for the
ull period of ninety days from the date
# the first publication of notice In the news
'aper published at the capital of the Terri
DRY or State.
If, at the expiration of such period, no OBJ
ection to such survey shall have been
led with him, he shall approve the same
nd forward it to the Commissioner of the
eriod of ninety days, objections are made to
UGH survey, either by any party claiming
n interest in the confirmation or by any
'arty claiming an interest in the tract EN-
UGH objection shall be reduced to writing,
tating distinctly the interest of the OBJ
ector and the grounds of his objection and
tgned by him or his attorney, and filed with
he Surveyor General, with such anidavits
r other proofs as he may produce in sup:
ort of his objection. At the expiration of
he said ninety. days, the Surveyor. General
hall forward such survey, with the objec-
ions and proofs filed in support Of, or in op..
osition to, such objections, and his report
hereon, to the Commissioner of the Cen
raj Land ONCE.
Immediately upon receipt of any such sur.
ey, with or without objections thereto, the
aid Commissioner shall transmit the same,
Nth all accompanying papers to the court
q which the final decision was made for its
of the survey and of any OBJ
ections and proofs that may have been
led or shall be furnished; and the
aid court shall thereupon determine If the
aid survey Is in substantial accordance
9TH the decree of confirmation. If found
0 be correct, the court shall direct its clerk
0 indorse upon the face of the plat its ap-
roval. If found to be incorrect, the court
hall return the same for correction in such
as it shall direct. When any
urvey is finally approved by the court, It
hall be returned to the Commissioner of
he General Land Office, who shall as soon
s may be cause patent to be issued thereon
D the confirmee. One-half of the necessary
expenses of making the survey and plat pro-
ided for in this section and in respect of
'hich patent shall be ordered to be Issued,
hall be paid by the claimant or patentee,
nd shall be lien on said land, which may
e enforced by the sale of so much thereof
5 may be necessary for that purpose, after
default of payment thereof for six months
ext after the approval of such survey and
lat; and no patent shall issue until such
ayment.
Sec. IL. That the provisions of this act
hall extend to any city lot, town lot, village
~ farr1 1of orr ma "a 1Ot claino ed d{yoct1y