Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-04
AN ACT
To establish a Court of Private Land Claims,
and to provide for the settlement of
private land claims in certain States and
Territories.


Territories.
Be IL enacted 6y the Senate and House of Reprt
Sentdtices Of the Uh0ed StateS Of Americd, i
congress assembled:
SECTION l. That there shall be- and hereb
| is established court to be called the COur
| OF Private Land Claims, to consist of a chic
justice and four associate justices, who shall
De, when appointed, citizens and resident
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 OF
| the thirty-tirst day of December, anne
domini eighteen hundred and ninety-tive
any three of whom shall constitute
! quorum. Said court shall have and exercise
| jurisdiction i'll the hearing and decision O
| 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 a deputy clerk, where
| regular terms of the court are held. The
court snail also appoint stenographer who
shall attend all the sessions of the court an(
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 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
neld, 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 Tor the purposes thereof, and shall
give notice OF the times and places of the
holding of such sessions, by publication in
both the EDpliSh and Sn1pigh in
one newspaper published at the capital of
such State or Territory, once week
Tor two successive weeks, the last, of
which publications shall be not less
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, person who
shall be when appointed 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
as may be required of him by the court.
SEC. 3. That Immediately upon the organi-
cation of said court the clerk shall cause
notices thereof, and of the time and place of
the first session thereof, to be published for
a 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
of the General Land Office 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
ol the United States, to safely transmit
Buch records and papers to said court Oh to
attend in person or by deputy, any session
produce such records and papers
SEC 5. 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
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 testify1ng Is
dead, so far as the subject matter thereof
Is competent evidence; and the court shall
give it such weight as in its Judgment, I'M
uer all the circumstances, II ought " nave.
SEC. 6. 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 or 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 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
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
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- !
ustment of land titles within the limits of
he said territory so acquired, and by them
reported 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.
Ana the said court is hereby authorized /
and required to take and exercise jurisdic- |
ton of all cases or claims presented by Pc
.ttion In conformity with the provisions of
this act, and to hear and determine the
same, as in this act provided, on the petit |
lions 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 |
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 |
.aken; and copy of such petition, with a
citation to any adverse possessor or claim
ant, shall Immediately after the filing of the |
same be served on such possessor or claim
Int in the ordinary legal manner of serving |
'uch process in the proper State or Terri
:ory, and in like manner, on the attorney
Tor the United States; and it shall be the
luty of the attorney for the United States,
rs also any. adverse possessor or claimant,
liter service OF pellllou anu Citation as
lereinbefore provided, within thirty days,
Unless further time shall for good cause
'hown, be granted by the court, or judge
hereof, to enter an appearance and plead,
answer or demur to said petition; and in
lefault of such plea, answer or demurrer
being made within said thirty days or
within the further time which may have
been granted as aforesaid, the court shall
proceed to hear the cause on the petition
Ind proofs, and render final decree &C.
;ording to the provisions of this act, and in
10 case shall a decree be entered otherwise
han upon full legal proof and hearing; and
n every case the court shall require the
EDITION to be sustained by satisfactory
proofs, whether an answer or plea shall
lave been filed or not.
SEC. 7. That all proceedings subsequent
o the filing of said petition shall be con-
lucted as near as may be according to the
practice of the courts of equity of the
United States, except that the answer of the
lttorney bf 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 tusticea thereof. The said court shall