Page:United States Statutes at Large Volume 26.djvu/909

 856 FIFTY-FIRST CONGRESS. Sess. II. Ch. 539. 1891. P¤>d¤¤*=i9¤ of M- SEO. 4. That it shall be the duty of the Commissioner of the °m m" mmm` 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 possession of any records and papers relating to any land grants or c aims 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 attend in person or by deputy any session thereof when required by said court, and produce such records and papers. Ccmpewucemtq-.¤f Sec. 5. That the testimony which has been heretofore lawfully °"°°"°°"“° °l°‘""S‘ and regularly received by the surveyor-general of the proper Terr1— tory or State or by the Commissioner of the General Land Oince, · upon any claims presented to them, res ectively, 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 shall give it such weight as, in its judgment, under all the circumstances, it ought to have. 0j¤!m¤¤¢;égg§5 Sec. 6. That it shall and may be lawful for any person or persons ?·;¤iJ°¤1l:;° petition or corporation, or their legal representatives, claiming lands within g,g“;l';e*r§,}`:&'Q_*qm&;>;i the limits of the territory derived bg the United States from the wnékwmmuzmg. Republic of Mexico and now embrace within the Territories of New Mexico, Arizona, or Utah, or within the States of Nevada, Colorado, or Wyoming by virtue of any such Spanish or Mexican grant, concession, warrant, or survey as the United States are bound to recognize and connrm 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 Con ess, or otherwise finally decided 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 0t{l¤¤¢i¤1r¢i¤¤ <>f wes said land is situated and where the said court holds its sessions, but °m°°` 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. JOM +=¢¤·» of wr The petition shall.set forth fullly the nature of their claims to the °‘ lands, and particularly state the ate and form of the grant, concession, warrant, or order of survey 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 quantit 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 b law for the adjustment of land titles within the limits of the saidyterritor so acquired, and by them reported on unfavorably or recommended flbr confirmation, or authorized to be surveyed or not; and pray in such petition that the validity of such title or claim may be inquired into and decided. Jwvdiction. cnc. And the said court is hereby authorized and required to take and exercise jurisdiction of all cases or claims presented by petition in Procedure. conformity with the provisions of this act, and to hear and determine the same, as in this act provided, on the petition and proofs in case no answer or answers be filed after due notice, or on the etition and the answer or answers of any erson or persons interestef in preventing any claim from being established, and the answer of the attorne for the United States where he may have filed an answer, and such eg copy of testimony and proofs as may be taken; and a copy of such petition, °° "‘"‘ °““"°"‘· with a citation to any adverse possessor or claimant, sha}, immediately after the filing of the same, be served on such possessor or claimant in the ordinary legal manner of serving such process in the