Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-07

taking testimony, and Otherwise 10 near
and dispose of interlocutory motions not
affecting the substantial merits of a case.
Ard said court shall have and possess all
the powers of a Circuit Court OF the united
States in preserving order, compelling the
production of books papers and documents,
the attendance of witnesses and in PUNISH
ing Contempts.
SEC. 13 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,
First-No claim shall be allowed that shall
not appear to be upon title lawfully and
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, ana one that
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 territory
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 that
shall interfere with or overthrow any just
and uneXtinguished Indian title or right &c
any land or place.
Ihrd-No allowance or confirmation OF
any claims shall confer any right or title to
any gold, silver, or quicksilver mines OF
minerals of the same, unless the grant
claim effected the donation or sale OF such
mines or minerals to the grantee, unless
such grantee has become otherwise entltlec
thereto in law or In equity; but all such
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 consen,
90 of c,1ch nrnnertV until Snecillly
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 DJ
Congress, or under Its authority.
Effth-No proceeding, decree, or act under
this act shall conclude or affect the private
rights of persons as between each other, al
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 oi
right in such lands.
SiGth-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 tt
the land confirmed, nor shall 1t operate tt
make the United States in any manner
liable in respect of any such grants, claims
or lands or their disposition, 0tnerWlSe tnaL
as Is in this act provided
lSeyenth-No confirmation in respect of any
claims or lands, mentioned In section OF
this act or in respect of any claim or tltlt
that is not complete and perfect at the time
of the transfer of sovereignty to the unltec
States as referred to In this act, shall in any
case be made or patent issued for greater
quantity than eleven square leagues OF lanI
to or IN the right of any one original grantee
or claimant, or in the right of any one orlgl
nor for greater quantity than was author
lied by the respective laws OF Spain or Mex
leo applicable to the claim.
EiGhih-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
nrmed 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 otner aulhoI
ity to acquire land. r
SEC, IA. That if in any case 1t snail appear
that the land, or any part tnefe0l, ueCIeel
to any claimant under the provisions or TINS
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 sucf
decree, and upon proof being MADE 10 tht
satisfaction of such court OF such sac OF
grant, and the value of the land so sold OF
granted, such court Shall render judgment
in favor of such claimant, ag a1nst the unltet
States, for the reasonable value OF sald 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 charge OF
The treasury of the United States, Elthel
party deeming himself aggrteved by sucf
judgment. may appeal in the same llanileI d.
provided herein In cases of confirmation Of
Spanish or Mexican grant. For the pur
pose of ascertaining the value and amoun
of such land, surveys may be ordered py tnt
court, and proof taken before the court, OF
by commissioner appointed for that pur
pose by the court.
SEC. is. That section 8 of the act of Con
gress approved July 22nd, 1854, entitled
"An act to establish the office OF surveyors
braska, to grant donation to actual settlers
therein, and for other purposes" and al
acts amendatory or in extension thereof o.
supplementary thereto, and all acts or part
of acts inconsistent with the provisions o.
this act are hereby repealed.
SEC 49, That in township surveys here
after to be made in the Territories OF New
Mexico Arizona and Utah, and in the State
of Colorado Nevada and Wyoming: II ~ shal
be made to appear to the satisfaction o
the deputy surveyor making such surVe,
that any person has, through himself
his ancestors, .grantors, or tnelr laWlu
successors in title or possession, peen II
the continuous, adverse, actual, bona fd'
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 sucl
townships for twenty years next preceding
the time of making such survey, the deput.
surveyor shall recognize and estabilsh IN
lines of such possession and make the SUI
division of adjoining land In accordance
Herewith. such possession snalt ~ oe aCou
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 so found to b
in possession, with proper description
the tract in the possession of each, as show
by the survey, and the proof furnished t
him of such possession.
Upon receipt OF such surrey and proofs
the Commissioner of the General Lam
once shall cause careful investigation TO o.
made in such manner as he shall deem neces
sary for the entertainment OF the truth Il
respect of such claim and occupation, ana
satisfied upon such investigation that tn
claimant comes within the provisions OF thi
section, he shall cause patents to be issue
to the parties so found to be In pqssessiol
for the tracts respectively claimed by them
Provided, hoWeger, That no person shall b
entitled to confirmat alton of, or to patent for
more than one hundred and sixty acres Il
his own right by virtue of this section, An
provided further, That this section shall no
apply to any city lot town VIA lot Iae eiage a1
from any corporation or town, the claim
which may fall within the provisions OF see
ton IL of this act.
SEC. II. That in the case of townships here
tofore surveyed in the Territories OF Ne'
Mexico, Arizona and Utah. and the States
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 distrio
and of the Commissioner of the Genera
! Land ONCE upon such investigation as
provided for in section l6 of this act, to er
ter without payment of purchase money
fees or commissions, such legal subdivision
not exceeding one hundred and sixty acre!
as shall include their said possession; Pr
Vided, howeUer, That no person shall be eI
! titled to enter more than one such tracts,
his own right under the provisions of th1
! section.
SEC 49, That all claims. arising unde
! either of the two next preceding sections {
| this act shall be filed with Surveyor-Gel
eral of the proper State or Territory With
two years next after the passage OF this &C