Page:United States Statutes at Large Volume 26.djvu/912

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FIFTY-FIRST CONGRESS. Sess. II. Ch. 539. 1891. 859 any such survey shall have been made and returned to the surveyorgeneral of the respective Territory or State, and the plat thereof completed, the surveyongeneral shall give notice that samehas been Notice by snoodone, by publication once a week, for four consecutive weeks in two §}"‘,,§§,,j‘,',;g newspapers, one publishel at the capital of the Territory or State ¤¤rv¤v- and the other (if any such there be) published near the land so surveyed, such notices to be published in both the Spanish and English languages; and the surveyor-general shall retain such survey and smog to be opoo plat inchis office for public inspection for the full period of ninety fg, §}‘,}§,lQ‘j. d‘§§§°"“°“ ays from the date of the first publication of notice in the newspaper published at the capital of the Territory or State. f, at the expiration of such pleriod, no objection to such survey Ap val ma rolshall have been Bled with him, e shall approve the same and for- °§° G°“"““ ward it to the Commissioner of the General Land Office. If, within ° the said period of ninety days, objections are made to such survey, ps objected e,, M. either by_any party claiming an interest in the conBrmation or by any fg? 0**; party claiming an interest in the tract embraced in the survey or any proofs,and report. ' part thereof, such obtjection shall be reduced to writing, stating distinctly the interest o the objector and the ounds of his objection, and signed by him or his attorney, and Bledr with the surveyor-general, with such affidavits or other proofs as he may produce in su - . port of his objection. At the expiration of the said ninety days tlie surveyor-general shall forward such survey, with the objections and proofs Bled in support of or in opposition to such ob`ections, and his report thereon, to the Commissioner of the General lland Office. mmediately upon receépt of any such survey, with or without Commissioner or objections thereto, the said Commissioner shall transmit the same, §*°°“ m,Q'@;*;° with all accompanying papers, to the court in which the final decision ew., pc court or iinnl was made for its examination of the survey and of any objections d°°'“‘°"‘ and proofs that may have been Bled, or shall be furnished; and the said court shall thereupon determine if the said survey is in substantial accordance with the decree, of c0nBrmation. If found to Approval by coun. be correct, the court shall direct its clerk to indorse upon the face of the plat its approval. If found to be incorrect, the court shall return Correction. the same for correction in such particulars as it shall direct. When any survey is finally approved y the court, it shall be returned to Issue of patent to the Commissioner of t ie General Land Office, who shall as soon as °°"°""°°‘ may be causea patent to be issued thereon to the confirmee. One half of the necessary expenses of making the survey and plat ro- 0¤¤¤¤tf gg surévgsj vided for in this section, and in respect of which a patent shall) be $$§,°§°2 ° PM ’ ordered to be issued, shall be paid y the claimant or patentee, and shall be a lien on said land, w ich may be enforced by the sale of so rneoroomeomloooo much thereof as may be necessary for that purplose, after a default ‘““"· of payment thereof for six months next after the approval of such survey and plat; and no patent shall issue until such payment. Sec. 11. hat the provisions of this act shall extend to any city Scope or act so to lot, town lot, village lot, farm lot, or pasture lot claimed directly or °'““‘“· mediately under any grant which may be entitled to confirmation by the United States, for the establishment of a city, town, or village, by the S anish or Mexican Government, or the lawful authorities thereof; but the claim for said city, town, or village shall be pre- Mnlgmwwnd sented by the cor crate authorities of the said city, town, or village; '°‘"°“°“ t""' or where the land) upon which said city, town, or village is situated was originally granted to an individua the claim shall be presented by or in the name of said individual or his legal representatives. Sec. 12. That all claims mentioned in section six of this act which _N¤ri¤on¤ me pm are by the provisions of this act authorized to be prosecuted shall, at "‘ °w° ’°"°’° the end of two years from the taking effect of this act, if no petition in respect to the same shall have then been filed as hereinbefore provided, be deemed and taken, in all courts and elsewhere, to be abandoned and shall be forever barred: Pro vided, That in any case where Phwbvit shall come to the knowledge of the court that minors, married