Page:United States Statutes at Large Volume 26.djvu/910

 FIFTY-FIRST CONGRESS. Sess. II. Ch. 539. 1891. 857 pfoper State or Territory, and in like manner on the attorney for the nited States; and it shall be the duty of the attorney for the United Avp¤¤>·r¤¤s>¤.¤¤¤w¤r. States, as also any adverse possessor or claimant, after service of §;°d’,§tJ,{,¥T,§§,E,“§.,°$$ petition and citation as hereinbefore provided, within thirty days, unless further time shall, for good cause shown, be granted by the court, or a judge thereof, to enter an appearance, and plead, answer, or demur to said petition; and in default of such plea, answer, or de- Defnultmurrer being made within said thirty days, or within the further time which may have been granted as aforesaid, the court shall roceed to hear the cause on the petition and proofs, and render a dnal nemngen penuen decree according to the provisions of this act, and in no case shall a °“§,,j’,"{",;6ém° decree be entered otherwise than upon full legal proof and hearing; ` and iu_ every case the court shall require the petition to be sustained py satisfactory proofs, whether an answer or plea shall have been. ed or not. . Sec. 7. That all proceedings subsequent to the tiling of said peti· Pr9<¤>¤di¤z¤ utter _ tion shall be conducted as near as may be according to the practice °°°m°“ of the courts of equity of the United States, except that the answer of the attorney of the United States shall not be required to be verified by his oath, and except that, as far as practicable, testimony shall be taken in court or before one of the justices thereof. The said court shall have full power and authority to hear and determine _ rpweps, eee., er enall questions arising in cases before it relative to the title to the land ’“‘”°““°'* the subject of such case, the extent, location, and boundaries thereof, and other matters connected therewith fit and roperto be heard and determined, and by a iial decree to settle and d)etermine the question Scope er umn ue. of the validity of the title and the boundaries of the grant or claim "°°· presented for adjudication, according to the law of nations, the stipuations of the treaty concluded between the United States and the Republic of Mexico at the city of Guadalupe-Hidalgo, on the second Vox 9, p. sm. day of February, in the year of our Lord, eighteen hundred and forty- eight, or the treaty concluded between the same powers at the cit of Mexico, on the thirtieth day of December, in the year of our Lords; Vol. 10, p, 1031. eighteen hundred and fifty-three, and the laws and ordinances of the Government from which it is alleged to have been derived, and all other questions properly arising between the claimants or other parties in the case and the United States, which decree shall in all mlivelry decree must cases refer to the treaty, law, or ordinance under which such claim euizgs BKMU is confirmed or rejecte ; and in confirming any such claim, in whole *i°¤¤ or in art, the court shall in its decree specify plainly the location, boundaries, and area of the land the claim to w ich is so confirmed. ” Sec. 8. That any person or corporation claiming lands in any of Certain otberclaim. the States or Territories mentione in this act under a title derived §§§§’p§,l§LTi{§€,,“§?§; from the S anish or Mexican Government that was complete and agnviv for ¤¤¤¤¤¤¤· perfect at the date when the United States acquired sovereignty ' therein, shall have the right (but shall not be bound) to appl to said court in the manner in this act provided for other cases for a confirmation of such title ; and on suc aplplication said court shall Procedure. proceed to hear, try, and determine the va idity of the same and the right of the claimant thereto, its extent, location and boundaries, in the sa me manner and with the same powers as in other cases in this act mentioned. _ If in any such case, a title so claimed to be perfect shall be es- cennrmatsener per-. tablished and confirmed, such confirmation shall be for so much ‘°°°““°» mmland only as such perfect title shall be found to cover, always excepting any part of such land that shall have been disposed of by Exception the United States, and always subject to and not to affect any conflicting private interests, rights, or claims held or claimed adversely Aavemeeieimsem., to any such claim or title, or adversely to the holder of any suc "°""°°‘°d· claim or title. And no connrmation of claims or titles in this sec- mee¤ of www tion mentioned shall have any effect other or further than as a re- hgmm rights M lease of all claim of title by the United States; and no private right affected.