Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-15

the attendance OF witnesses and In punish
ing COntempts
SEC. Is. That all the foregoing proceed
ingS and rights shall be conducted and de
cidcd subject to the following provisions a
well as to the other provisions of this act
FUSt-No claim shall be allowed that shall
not appear to be upon title lawfully anC
regularly derived from the Government o
Spain or Mexico, nor from any of the States
of the Republic of Mexico having lawful au
thOrity to make grants of land, ana one tina
If not then complete and perfect at the datt
of acquisition of the territory by the United
States, the claimant would have had a law
full right to make perfect had the territory
not been acquired by the United States, ant
the United States are bound, upon the
principles of the public law or by the pro
visions of the treaty of cession, to respeC
and permit to become complete and perfec
If the same was not at said date already
complete and perfect.
sec0ad-No claim shall be allowed thai
snail Interfere with or overthrow any JUS
and uneXtinguished Indian title or right tC
any land or place.
3Hird-No allowance or confirmation Of
any claims shall confer any right or title tC
any gold, silver, or quicksilver mines OF
| minerals OF the same, unless the grant
claim effected the donation or sale of suct
mines or minerals to the grantee, unless
such grantee has become otherwise entitled
thereto in law or in equity; but all suCl
mines and minerals shall remain the prop
erty of the United States with the right OF
working the same, which fact shall be stated
! In all patents issued under this act. But nc
such mine shall be worked on any property
confirmed under this act without the consent
of the owner of such property until specially
authorized thereto by an act of Congress
| hereafter passed.
FOurth-No claim shall be allowed for any
land, the right to which has hitherto
been lawfully acted upon and decided by
! Congress, or under its authority.
FitM-No proceeding, decree or act under
| this act shall conclude or affect the private
! rights of persons as between each other, all
| of which rights shall be reserved and saved
| to the same effect as if this act had not been
passed.; but the proceedings, DEGREES, and
| acts herein provided for shall be conclusive
of all rights as between the United States
and all persons claiming any interest or
! right in such lands
| Sirth-No confirmation or decree concern.
! ing any claim under this act shall in any
| manner operate or have effect against the
United States otherwise than as release
| by the United States of its right and title to
| the land confirmed, nor shall 1t operate to
make the United States in any manner
liable In respect of any such grants, claims,
or lands or their disposition, otherwise than
as is in this act provided
SeOentb-No confirmation In respect of any
claims or lands, mentioned in section 6 Of
this act or in respect of any claim or title
that is not complete and perfect at the time
of the transfer of sovereignty to the United
States as referred to in this act, shall In any
case be made or patent issued for greater
quantity than eleven square leagues of land
to or IN the right of any one original grantee
or claimant, or in the right of any one origi-
nal grant, to two or more persons jointly
nor for greater quantity than was author
lied by the respective laws of Spain or Mex
leo applicable to the claim
Eighfh-No concession, grant, or other
authority to acquire land made upon any
condition or requirements, either anteced-
ent or subsequent, shall be admitted or con
hrmed unless 1t shall appear that every such
condition and requirement DHItOT mp0
within the time and in the manner stated in
any such concession, grant, or other author
ity to acquire land.
SEC. II. That if in any case 1t snail appear
that the land or any part thereof, decreed
to any claimant under the provisions of this
act shall have been sold or granted by the
United States to any other person, such title
from the United States to such other person
shall remain valid, Notwithstanding such
decree, and upon proof being made to the
satisfaction of such court of such sale or
grant and the value of the land so sold or
granted, such court Shall render judgment
In favor Ofsuch claimant, against the United
States, for the reasonable value of said land
so sold or granted, exclusive OF betterments,
not exceeding one dollar and twenty-five
cents per acre for such lands; and such
Judgment when found shall he charge On
the treasury of the United States. Either
party deeming himself aggrieved by such
judgment may appeal In the same manner as
provided herein in cases of confirmation of
a Spanish or Mexican grant. For the pur-
pose of asCertaining the value and amount
of such land, surveys may be ordered by the
court and proof taken before the court or
by commissioner appointed fof that pur'
pose by the court.
SEC. 15 That section of the act of Con
gress approved July 22nd 1924, entitled
IAN act TO establish the Office of Surveyors
General of New Mexico, Kansas and Ne
braska, to grant donation to actual settlers
therein, and for other purposes" and all
acts amendatOry or in extension thereof or
supplementary thereto, and all acts or parts
of acts inconsistent with the provisions OF
this act are hereby repealed.
SEC. 49, That i'll township surveys here
after to be made in the Territories of New
Mexico Arizona and Utah and in the States
of Colorado, Nevada and Wyoming, ii it shall
be made to appear to the satisfaction of
the deputy surveyor making such survey
that any person has, through himself,
his ancestors, grantors, or their, lawful
successors In title or possession, been in
the continuous, adverse, actual, bona fde
possession, residing thereon as his home,
of any tracts of land, of or in connection
herewith of other lands altogether not ex-
ceeding one hundred and sixty acres In such
townships for twenty years next preceding
the time of making such survey, the deputy
surveyor shall recognize and establish the
lines of such possession and make the sub
division of adjoining land in accordance
Herewith. Such possession shall be accu-
rately defined in the field notes of the survey
and delineated on the township plat. with
separate, legal subdivision. The IdepStS
surveyor shall return with his survey the
name or names of all persons so found to be
in possession, with proper description OF
the tract in the possession OF each, as shown
by the survey, and the proof turr Ahcd to
him of such possession.
Upon receipt OF such survey and proofs,
the Commissioner OF the General Land
ONCE shall cause careful investigation to be
made in such manner as he shall deem neces-
sary for the ascertainment of the truth in
respect of such claim and occupation, and if
satisfied upon such Investigation that the
claimant comes within the provisions of this
section, he shall cause patents to be issued
to the parties so found to be in possession
for the tracts respectively claimed by them;
ProOided, hoWeoer, That no person shall be
entitled to confirmation of, or to patent for,
more than one hundred and sixty acres in
his own right by virtue of this sect1on; and
pr0vided FURTHER, That this section shall not
apply to any city lot, town lot, village lot,
farm lot, or pasture lot hela un ger grant
which may fall within the provisions of sec.
ton L of this act
SEC. II. That in the case of townships here
tofore surveyed in the Territories of New
Mexico, Arizona and Utah. and the States of
Colorado, Nevada and Wyoming, all persons
who, or whose ancestors grantors, or their
lawful successors in title of possession be-
came citizens of the United States by reason
of the treaty of Guadalupe Hidalgo, and who
have been in the actual, continuous. adverse
possession and residence thereof of tracts
not to exceed one hundred and sixty acres
each, for twenty years next proceeding such
survey, shall be entitled, upon making proof
of such fact to the satisfaction of the regis.
ter and receiver of the proper land district
and of the Commissioner of the General
Land ONCE upon such Investigation as Is
provided for in section 16 of this act, to en-
ter without payment Of purchase money,
fees or commissions. such legal subdivisions,
not exceeding one hundred and sixty acres,
as shall include their said possession; Pro-
yided, hoWeUer That no person shall sbe en-
titled to enter more than one such tracts, in
his own right under the provisions of this
section.
SEC. 18. That all claims arising under
either of the two next preceding sections OF
this act shall be filed with SurveyorGen-
eral of the proper State or Territory within
two years next after the passage of this act,
and no claim not so filed shall be valid. And
the class of cases provided for in said two
next preceding sections shall not be ,consid-
cred adjudicated by the court created by this
40 opd n tra ot Of uch Ia nd sha1l he h