Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-21
hereby authorized in all cases arising under

states IN preserving Oruer, COODcllIE III
production of books, papers and documents
the attendance of witnesses and in punish
ing contemptS.
SEC. 10. That all the foregoing proceed
1ngs and rights shall be conducted and de
cided subject to the following provisions a
we'll as to the other provisions OF this ac'
namely:
Eirst-No claim shall be allowed that sha1
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
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 Unite
full right to make perfect had the tetritor
not been acquired by the United States, an
the United States are bound, upon tn
principles of the public law, or by the pre-
visions of the treaty of CesSion, to rcspet
and permit to become complete and prrfeC
complete and perfect.
ISeC0nd-No claim shall be allowed tina
shall interfere with or overthrow any jus
and unextinguished Indian title or right I
any land or place.
1hird-No allowance or confirmation Q
any claims shall confer any right or title
any gold, silver, or quicksilver mines o
minerals of the same, unless the gran
claim effected the donation or sale Of sue
mines or minerals to the grantee, unles
such grantee has become otherwise entitle
thereto in law or in equity; but all sue
mines and minerals shall remain the prol
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 n
such mine shall be worked on any prOpeft
confirmed under this act without the consen
of the owner of such property unit Speclali
authorized thereto by an act OF Congress
hereafter passed.
Fourh-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.
FUth-No proceeding, decree. or act unde
this act shah conclude or affect the privat
rights of persons as between each other, al
of which rights shall be reserved and save,
to the same effect as if this act had not bee1
passed; but the. proceedings, DEGREES AM
acts herein provided for shall be cOncluSiv
of all rights as between the United State
and all persons claiming any interest o.
right in such lands.
Sirth-No confirmation or decree concern
ing any claim under this act shall in an,
manner operate or have effect against TIL
United States otherwise than as relcas'
by the United States of its right and title t.
the land confirmed nor shall it operate t.
make the United States in any mannel
liable In respect of any such grants, claims
or lands or their disposition, otherwise than
as is in this act provided.
4SeUenth-No confirmation In respect Of any
claims or lands, mentioned in section O.
this act or in respect OF any claim or titlt
that Is not complete and perfect ut 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
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,
Etghth-No concession, grant, or other
authority to acquire land made upon any
condition or requirements, either autcced
ent or subsequent, shall be admitted or con
frmed unless it shall appear that every sucf
condition and requirement was performed
within the time and in the manner stated il
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, decreeo
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, 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 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
i Spanish or Mexican grant. For the pur-
pose of ascertaining the value and amount
If such land, surveys may be ordered by the
;ourt, and proof taken before the court or
~ commissioner appointed for that pur'
pose by the court.
SEC 49, That section 8 of the act of Con-
yress approved July 22nd, 1854, entitled
An act to establish the office of Surveyors
General of New Mexico, Kansas and Ne
1raska, to grant donation to actual settlers
herein, and for other purposes" and all
lets amendatory or in extension thereof, or
thereto, and all acts or parts
If acts inconsistent with the provisions Of
his act are hereby repealed.
SEC. 16. That in township surveys here
litter to be made in the Territories of New
Mexico, Arizona and Utah, and in the States
If Colorado, Nevada and wyoming, II 1t shall
1e made to appear to the satisfaction OF
he deputy surveyor making such survey
hat any person has, through himself
lis ancestors, grantors, or their lawful
successors In title or possession, been in
he continuous, adverse, actual, bona fide
possession, residing thereon as his home,
# 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
urveyor shall recognize and establish the
ines Of such possession and make the sub
ivision of adjoining land in accordance
herewith. Such possession shall be aCcu.
ately defined in the field notes of the survey
nd 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
q possession, with a proper description of
he tract in the possession of each, as shown
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
atisied upon such investigation that the
laimant comes within the provisions of this
ection, he shall cause patents to be issued
D the parties so found to be in possession
or the tracts respectively claimed by them;
'r0vided, hoWeUer That no person shall be
Untitled to confirmation of, or to patent for,
lore than one hundred and sixty acres In
is own right by virtue of this section; And
pply to any city lot, town lot village lot,
arm lot, or pasture lot held under grant
rom any corporation or town. the claim to
'hich may fall within the provisions of sec
SEC. II. That in the case of townships here
)fore surveyed in the Territories of New
[exico, Arizona and Utah. and the States of
dorado, Nevada and Wyoming, all persons
'ho, 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
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
f such fact to the satisfaction of the regis
n and receiver of the proper land district
nd of the Commissioner of the General
and Office upon such investigation as is
royided for in section 10 of this act to en- |
r without payment of purchase money, |
les or commissions, such legal subdivisions |
OF exceeding one hundred and sixty acres |
shall include their said possession; Pro
dsd h1aUsper, That no person shall be en- |
tied to enter more than one such tracts, in |
is own right, under the provisions of this
,ction.
SEC IS. That all claims arising under |
Their of the two next preceding sections of
lis act shall be filed with Surveyor-Gen- |
al of the proper State or Territory within |
70 years next after the passage of this act |
nd no claim not so filed shall be valid. And |
lie class of cases provided for in said two |
ext preceding sections shall not be consid- |
-ad ad iu6ic fei nv he ron ere or Ivt b{c |