Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-13

States in preserving order, compelling tn
production of books, papers and documents
the attendance of witnesses and In punish
ing contemptS.
SEC. 10. That all the foregoing proceed
ings and rights shall be conducted and de
cided subject to the following provisions a
we'll as to the other provisions of this ACT
namely:
BirSt-No claim shall be allowed that shall
not appear to be upon title lawfully an
regularly derived from the Government o
Spain or Mexico, nor from any of the State
of the Republic of Mexico having lawful al
thor1ty to make grants of land, and one tina
if not then complete and perfect at the dat
of acquisition of the territory by the Unite
States, the claimant would have had law
full right to make perfect had the ter ritor
not been acquired by the United States, an
the United States are bound, upon tn
principles of the public law, or by the pro
visions of the treaty of cesston, to respec
and permit to become complete and pertec
Ii the same was not at said date alread
complete and perfect.
Sec0hd-No claim shall be allowed tina
shall interfere with or overthrow any JUS
and unextinguished Indian title or right t.
any land or place.
1hrd-No allowance or confirmation O
any claims shall confer any right or title t.
any gold, silver, or quicksilver mines O
minerals OF the same, unless the gran
claim effected the donation or sale of suCl
mines or minerals to the grantee, unles
such grantee has become otherwise entitlet
thereto in law or in equity; but all suCl
mines and minerals shall remain the prop
erty of the United States, with the right o
working the same, which fact shall be state
in all patents issued under this act. But NJ
such mine shall be worked on any propert.
confirmed under this act without the consen
of the owner of such property until special.
authorized thereto by an act OF Congress
hereafter passed.
Fourth-No claim shall be allowed for an,
land, the right to which has hilbert,
been lawfully acted upon and decided b.
Congress, or under its authority.
FVth-No proceeding, decree, or act undel
this act shah conclude or affect the privat,
rights of persons as between each other al
of which rights shall be reserved and savet
to the same effect as If this act had not beef
passed; but the proceedings. DEGREES, ant
acts herein provided for shall be conclusive
of all rights as between the United States
and all persons claiming any interest OF
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 TIT
United States otherwise than as a release
by the United States of its right and title t.
the land confirmed, nor shall 1t operate t.
make the United States in any manner
or lands OF their disposition, otherwise thar
as is In this act provided.
SeUenth-No confirmation in respect of any
claims or lands, mentioned In section 0!
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 lane
to or IN the right of any one original grantee
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.
Inhf M n
authority to acquire land made upon any
condition or requirements, either anteced
ent or subsequent, shall be admitted or con
frmed unless it shall appear that every such
and requirement was performed
within the time and in the manner stated In
any such concession, grant, or other author
ity to acquire land.
SEC. IA. 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
grant, and the value of the land so sold or
granted, such court shall render judgment
In favor of such claimant, ag atnst 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 be 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 for that pur.
pose by the court.
SEC. 49, That section 8 of the act of Con.
gress approved July 22nd, 1854, entitled
IAN act to establish the ONCE 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
Of acts Inconsistent with the provisions of
this act are hereby repealed.
SEC. 10. That in 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, If 1t 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 an IN
possession, residing thereon as his home,
IF any tracts of land, of or in connection
herewith of other lands altogether not ex-
seeding one hundred and sixty acres, In such
-OWUS lOI lWCulf yCdlo ACAI PlCSCuilB
the time of making such survey, the deputy
surveyor shall recognize and establish the
ines of such possession and make the sub
division of adjoining land in accordance
herewith. such possession shall be accu t
and delineated on the township plat, with
The boundaries and area of the tract as a
separate, legal subdivision. The deputy
shall return with his survey the
name or names of all persons so found to be
in possession. with proper description of
he tract inthe possession of each, as shown
by the survey, and the proof furnished to
him of such possession. r.
Upon receipt OF such surrey and proofs,
Office shall cause careful investigation to be
made in such manner as he shall deem neces-
,ary for the ascertainment OF the truth In
respect of such claim and occupation, and If
satisfied upon such investigation that the
comes within the provisions of this
section, he shall cause patents to be issued
10 the parties so found to be In possession
for the tracts respectively claimed by them;
Provided howsDer, That NO person shall be
more than one hundred and sixty acres. in
mis- own right by virtue of this section; And
Dr0Otded further, That this section shall not
apply to any city lot, town lot, village lot,
farm lot, or pasture lot held under a grant
from any corporation or town, the claim to
which may fall within the provisions of sec.
ton IL 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 Htdalgo, 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 preceding 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-
,ided. h0,0e0er, That no person shall be en-
titled to enter more than one such tracts, in
his own right, under the provisions of this
SEC. is. That all claims arising under
either Of the two next preceding sections Of
this act shall be filed with Surveyor.Gen-
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
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