Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-05


| the powers of Circuit Court of the tnitct
States in preserving order, compelling tn
production of books, papers ana 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
well as to the other provisions of this act
| namely:
BUst-No claim shall be allowed that shall
| not appear to be upon a title lawfully am
| regularly derived from the Government o
Spain or Mexico nor from any of the State
| 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 dat
| of acquisition of the territory by the United
| states, the claimant would have had a law
| tul right to make perfect had the territOr,
not been acquired by the United States, AM
| the United States are bound, upon thu
principles of the public law or by the pro
| visions of the treaty of ceSsiOn. to respeC
| and permit to become complete and pcrteC
| ii the same was not at said date alread,
| complete and perfect
| SecORd-No claim shall be allowed tina
| shall interfere with or overthrow any jus
and uneXtinguiShed Indian title or right t.
any land or place.
Ihrd-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 suCf
mines or minerals to the grantee, unlcS
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 o
working the same. which fact shall be statet
in all patents issued under this act But NJ
such mine shall be worked on any property
confirmed under this act without the COnsen
of the owner of such property until specially
authorized thereto by an act of Congress
hereafter passed.
F0uWh-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
FVth-No proceeding, decree, or act under
this act shall conclude or affect the private
rights of persons as between each other, al
of which rights shall be reserved and saved
to the same effect as if this act had not beer
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.
S&rth-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 a release
the land confirmed, nor shall it 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.
Se0enth-No contir nation in respect of any
claims or lands mentioned in section Is 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 a 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.
Etqhth-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 it shall appear that every such
condition 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 it snail appear
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 of such claimant, against the United
States, for the reasonable value of said land
so sold or granted, exclusive of bettcrments,
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.
bo} Q e ba 81 Of
gress approved July 22nd, 1854, entitled
IAN act to establish the office of Surveyors
General of New Mexico, Kansas and Ne
braska, to grant donation to actual settlers
acts amendatOry or in extension thereof or
thereto and all acts or parts
IF 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
If Colorado, Nevada and Wyoming, if it shall
be made to appear to the satisfaction of
he deputy surveyor making such survey
hat any person has, through himself, |
mis- ancestors, grantors, or their lawful
successors in title or possession been in
he continuous, adverse, actual bona fde
possession, residing thereon as his home, |
If any tracts of land, of or in connection |
herewith of other lands altogether not ex-
;eeding one hundred and sixty acres, in such |
ownships for twenty years next preceding |
he time OF making such survey the deputy |
surveyor shall recognize and establish the |
ines OF such possession and make the sub
livisiOn of adjoining land in accordance |
herewith. Such possession shall be aCCu.
ately defined in the field notes of the survey
md delineated on the township plat, with
he boundaries and area of the tract as a
eparate, legal subdivision. The deputy
urveyor shall return with his survey the
anne or names of all persons so found to be
n possession, with proper description of
he tract in the GSiOu pf each a
y the survey and the proof furnished to
i'm of such possession.
Upon receipt OF such survey and proofs,
he Commissioner of the General Land
'ffce shall cause careful investigation to be
lade In such manner as he shall deem neCes-
airy for the ascertainment of the truth in
aspect of such claim and occupation, and if
atisfied. upon such investig that the
laimant comes within the provisions of this
ection, he shall cause patents to be issued
0 the parties so found to be in possession
or the tracts respectively claimed by them;
'r0gided hoWsger, That no person shall be
nt1tled to confirmation of, or to patent for,
lore than one hundred and sixty acres in
Is own right by virtue of this section; Ind
r0yided Jurther That this section shall not
pply to any city lot, town lot, village lot
arm lot, or pasture lot held under a grant
rom any corporation or town, the claim to
'hich may fall within the provisions of sec
on II of this act.
SEC. II. That in the case of townships here
JlOIc surveyor Ill the lcTTllOTleS OF New
[exico, Arizona and Utah. and the States of
Nevada and Wyoming, all persons
no, or whose ancestors, grantorS, or their
awful successors in title of possession, be-
anne citizens of the United States by reason
the treaty of Guadalupe HidalgO, and who
ave been in the actual, continuous adverse
Ossession and residence thereof of tracts
OF to exceed one hundred and sixty acres
ach, for twenty years next preceding such
lrvey, shall be entitled, upon making proof
such fact to the satisfaction of the regis 1
n and receiver of the proper land district :
nd of the Commissioner of the General
and once upon such Investigation as is
rovided for in section 10 of this act, to en- 7
r without payment of purchase money 6
,es or commissions, such legal subdivisions :
Ut exceeding one hundred and sixty acres !
shall include their said possession; Pro {
ded, h0oOeUer, That no person shall be en- 9
tied to enter more than one such tracts, in .
Is own right, under the provisions of this I
Ction.
SEC. 10. That all claims arising under
Their of the two next preceding sections of ,
lis act shall be filed with a SurveyorGen- l
al of the proper State or Territory within c
70 years next after the passage of this act, ,
Id no claim not so filed shall be valid And :
e class of cases provided for in said two
,xt preceding sections shall not be consid- c
ed adjudicated by the court, created by this r