Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1860-10-20


Sec. 6. And be IL further enacled, That
whenever It shall appear that lands claimed and
the title to which may DO confirmed under tue pro-
visions of this act, have been sold in whole or in
| part by the United States prior TO such confrma-
ton or where the surveyorgeneral of the district
shall ascertain that the same cannot be surveyed
and located, the party in whose favor the title Is
confirmed shall have the right to enter urOn any
of the public lands Of the United States aquautI-
ty Of land equal in extent to that sold by taegoy-
ernmellt. PT0rided, That said entry be made only
on lands suboctt to private entry at one dollar and
twenty-five cents per acre and as far as may be
possible in legal divisions and subdivisions accord
Ing to the surveys made BY the United States,
.SW.7. AndbeM Mfriile enacted 'rhG!when-
ever any cIain is presented for confirmation under
the provisions Of this act, which has heretofore
been presented before any board Of commissioners
under authority Of Congress- the facts reported as
proven by the former board shall be taken rs true
primd fdcie and the evidence offered before such
former board, and remaining Of record shall be
admitted on the examination of the claims made
under the provisions of this act
SEQ. 8. And be Il further enacted That
10 land claimed under the provisions of this act
shall be offered for sale, or otherwise disposed of
by the officers Of the United States, until The final
decision shall be made on the validity of such claim;
and In no case where land is possessed Or cutiyat.
ed by private persons shall It be entered upon or
surveyed as public land or offered for sale, without
previous notice given to those in possession, re-
quiing them topresent their claims for confrna-
tion; and II within sixty days from the date Of
such notice such claim shall not have been fled
then Il proper officers Of the government may
proceed to the survey or sale of such lands as pub.
lie lands, without prejudice, however, to the legal
rights OF the possessor or claimant il any he have.
SEC. o. And be II further enacted That
before the boards shall be required to receive for
record any notice, paper egidence Of title or tc3-
tlmony, in support OF any claim, the coimant shall
pay to said board the sum of twenty-five cents for
every hundred words required 10 bo recorded,
which shall be in full consideration for the record.
ing and The transcript required to be forwarded to
the Commissioner Of the General Iaud Office,
Sec 10. And be Hfafher enacted, That
at the commencement Of each regular session of
Congress it shall be the duty of the Commissioner
OF the General Land Office to make report of all
that has been done under the provisions Of this
act by the several officers charged with It's cxccu-
ton, tI....
SG", II. And be il fUHbeY enacted, That
IN any case Of such claim to lands as Is hereinbo-
fore in thc first section Of this oct mentioned,
where the lands claimed have not been IN posses.
sion oC md cultivated BY the original claimant or
claimants Or those holding title under him or them,
for the period oftgeniy years aloresaid,Gnd where
such lands are claimed by complete grant or con.
CessiOn, or order Of survey duly executed, or by
other mode Of inyestitufe Of the title thereto in
the original claimant or claimants, by separation
thereof from the mass of the public domain either
by actual survey or definition of fixed natural and
asccrtamable boundaries or initial points, courses
and distances, by the competent authority, prior to
the cession to the United States of the territory
in which said lands were included, or where such
title was created and perfected during the period
while the foreign governments from which it ema-
mated claimed sovereignty over Or had the actual
possession of such territory, the person Or persons,
his, her, Or their heirs devisees, legal representa-
tives or grantees, so claiming such lands, may, at
their option instead of submitting their claim to
the officer or officers hereinbeore mentioned, pro-
c,ed by petition in any district court of the United
States within whose jurisdiction the lands Or any
part Of the lands claimed may lie, unless such
claim comes within thep puryiew Of the third section
of this act to which petition the United States
shall be made defendant, and il shall be verified
by the oath of the party Or parties and conform
to the provisions Of section one of this act, and
to the practice Of such court in chancery, and the
attorney Of the United States for such district
shall defend against the same for the United
States and the court shall decide the claim valid
or invalid according to the principles established
in this act and decree accordingly If the decree
be against the United States, and appeal shall be
entered to the Supreme Court Of the United
States and il it be against the claimant or claim
ants he or they may take an appeal directly to
that court as Of right and course, without affidavit
or security other than for costs and the same shall
be adudged de MORO in the Supreme Court as IN
other cases Of appeals thereto in chancery, and as
equity and Justice and the principles aforesaid may
sSaIl & tbcreunon Issue if the claim bo nv odudCeG t
Wild for 90 much Of The lands claimed rs yemair
unsoId and Ior 60 mucb M mnv havc hoon aold
the nrovisons of SECTION six oft6is ant sbol ami,
and he in lorce 'rf''
src 10 And be II fs,9be, epocJed That
tbs ooi sholl no orS roE,oir IN forOo Sr,irn M ,S,
o,m o Gso roors nnas. % aon,ar rOnoolod @ y" ~" .'
or0ss and IN claims nrosonteJ or SnoJ man O On