Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-23

And said court shall have and possess all
the powers of Circuit Court of the United
States In preserving order, compelling the
production of books, papers and documents
the attendance of witnesses and in punlsn
ing contempts.
SEC ID. That all the foregoing proceed
ings and rights shall be conducted and de
cided subject to the following provisions as
well as to the other provisions OF this act
namely: :,
BasLNo claim shall be allowed that shall
not appear to be upon title lawfully ano
regularly derived from the Government OF
Spain or Mexico, nor from any of the States
OF the Republic of Mexico having lawful au
thority to make grants of land, and one tina,
If not then complete and perfect at the date
of acquisition of the territory by the United
states, the claimant would have had law
full right to make perfect had the ter ritory
not been acquired by the United States, and
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 perfect
If the same was not at said date already
complete and perfect.
SecOnd-No claim shall be allowed thai
shall interfere with or overthrow any, JUS,
and unextingutshed Indian title or right tc
any land or place.
Ihrd-No allowance or confirmation OF
any claims shall confer any right or title &c
any gold, silver, or quicksilver mines OF
minerals of the same, unless the gran,
mines or minerals to the grantee, unles;
such grantee has become otherwise entitled
thereto in law or in equity: but all sucf
mines and minerals shall remain the prop
erty of the United States, with the right o.
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 consen
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 oJ
Congress, or under its authority.
FVth-No proceeding, decree or act undel
this act shah 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 anc
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 tht
United States otherwise than as release
by the United States of its right and title t.
make the United States In any manner
liable in respect of any such grants, claims
or lands or their disposition, otherwise thar
as is in this act provided.
tSeOeTtH-NO COnuIludllOu III ISSPcCl VI dhO
claims or lands, mentioned In section q 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 tue Unltet
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
or claimant, or in the right OF any one orlgl
nal grant, to two or more persons 1olntly
nor for greater quantity than was author
i1a I,xyt "a yearectiye la Df SDaiD Mex
leo applicable to the claim.
Eightb-No concession, grant, or Otne1
authority to acquire land made upon any
condition or requirements, either anteced
ent OF subsequent, shall be admitted or con
firmed unless it shall appear that every sucf
condition and requirement was performed
within the time and In the manner stated II
any such concession, grant, or other author
ity to acquire land.
SEC. IA That If in any case It snail appear
that the land or any part thereof, decreet
to any claimant under the provisions or I'M!
act shall have been sold or granted by tht
United States to any other person. such tltle
from the United States to such other person
shall remain valid, Notwithstanding sucf
decree, and upon proof being made to tht
satisfaction of such court OF such sale OF
grant, and the value of the land 80 sold OF
granted, such court shall render 1udgmen
In favor of such claimant, against the United
States for the reasonable value OF said lane
so sold or granted, exclusive OF betterments
not exceeding one dollar and twenty-five
cents per acre for such lands; and sucf
Judgment when found shall be a charge OF
the treasury of the United States. E1tnel
party deeming himself aggr1eved by sucf
Judgment may appeal In the same manner al
provided herein in cases OF conhrmatlon o.
Spanish or Mexican grants 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. OF
by commissioner appointed for that pur
pose by the court.
SEQ Is. That section of the act of Con
gress approved July 22nd, 1884, entitled
RAn act to establish the office of surveyors
General of New Mexico, Kansas and Ne
braska, to grant donation to actual se.tleri
therein, and for other purposes" and al
acts amendatory or In extension thereof, 0,
supplementary thereto, and all acts or parts
of acts inconsistent with the provisions o.
this act are hereby repealed.
SEC. 16. 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, II II sinai
be made to appear to the Satisfaction o
that any person has, through himself
his ancestors, grantors, or their. Lawful
successors in title or possession, been II
the continuous, adverse, actual, bona hd'
Of any tracts of land, of or in connection
Herewith of other lands altogether not ex
ceeding one hundred and sixty acres, In sucl
townships for twenty years next preceolnt
the time of making such survey, the deput.
surveyor shall recognize and establish tn.
lines of such possession and make the sub
division of adjoining land in accordance
Herewith. Such possession shali De accu
rately defined in the field notes OF the surve,
and delineated on the township plat, witt
the boundaries and area of the tract as
separate, legal subdivision. The deput.
surveyor shall return with his survey tn
name or names of all persons 80 found TO o.
in possession with proper aesSerlpta6bn ,S o
by the survey, and the proof furnished u
him of such possession.
Upon receipt OF such surrey and proofs
the Commissioner Of the General Lam
made in such manner as he shall deem neces
sary for the entertainment Of the truth II
respect of such claim and occupation, and
satisfied upon such Investigation that tn
claimant comes within the PROVISIONS OF I'M
section, he shall cause patents to be issue
to the parties so found to be In possession
for the tracts respectively claimed by them
Provided, however, That no person snall
entitled to confirmation of, or to patent tor
more than one hundred and sixty acres Il
his own right by virtue of this section;. An
pr0Uided further, That this section shall no
apply to any city lot, town lot, village lo1
farm lot, or pasture lot held under a gran
from any or tae
ton IL of this act.
SEC II. That in the case of townships here
tofore surveyed in the Territories of Ney
Mexico Arizona and Utah. and the States o
Colorado, Nevada and Wyoming, all person
who, or whose ancestors, grantors, or the1
lawful successors in title Of possession, be
came citizens of the United States by reaso
of the treaty of Guadalupe Hidalgo, and VIII
have been in the actual, continuous. advers
possession and residence thereof of tract
not to exceed one hundred and sixty acre
each, for twenty years next preceding sue
survey, shall be entitled, upon making proc
Of such fact to the satisfaction Of the regis
ter and receiver of the proper land d1str1c
and of the Commissioner of the Genera
Land once upon such investigation as
provided for in section 10 of this act, to er
ter without payment of purchase money
fees or commissions. such legal subdivision!
not exceeding one hundred and sixty acrei
as shall include their said possession; Pr
vided hoUeuer, That no person shall be eI
titled to enter more than one such tracts !
his own right, under the provisions OF th1
section.
SEC. ls. That all claims arising unde
either of the two next preceding sections {
this act shall be filed with a Surveyor-GeI
eral of the proper State or Territory with