Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-10

ana dispose OF lnlerlOCulOEy luOtlOHS nv
affecting the substantial merits of case;
And said court shall have and possess all
the powers of Circuit Court of the Unlted
States in preserving order, competing the
production of books, papers and documents,
the attendance of witnesses and IN PUNISH
ing ContemptS
SEC 49, That all the foregoing proceed
ings and rights shall be conducted and de-
Cided subject to the following provisions as
well as 10 the other provisions of this act,
namely:
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, and 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 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.
and permit to become complete and perfect
if the same was not at said date already
complete and perfect.
Setoad-No claim shall be allowed that
| shall interfere with or overthrow any just
and uneXtinguished Indian title or right to
any land or place.
1hird-No allowance or confirmation of
any claims shall confer any right or title to
| any gold, silver, or quicksilver mines or
minerals of the same, unless the grant
claim effeCted the donation or sale of such
mines or minerals 10 the Eranf-S, unless
such grantee has become otherwise entitled
thereto in law or III 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 no
such mine shall be worked on any property
confirmed under this act without the consent
of the owner of such property until specially
authorized thereto by an act OF Congress
hereafter passed.
fowth-No claim shall be allowed for any
land, the right to which has hitherto
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. all
of which rights shall be reserved and saved
| to the same effect as if this act had not been
! 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.
Sirth-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
by the United States of its right and title 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.
| SeUenth-No confirmation in respect of any
claims or lands, mentioned in section 9 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 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 a greater quantity than was author
| lied by the respective laws OF Spain or Mex
| leo applicable to the claim
| Eigbth-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
| frmed 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
that the land, or any part thereof, decreed
to any claimant under the provisions OF this
act shall have been sold or granted oy 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 ofsuch 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; ana suCh
judgment when found shall be charge on
The treasury of the United States. Either
party deeming himself aggrieved by such
Judgment, may appealin the same manner as
provided herein in cases OF confirmation or
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 a 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
San act to esta blish the office of Surveyors
mi of
braska, to grant donation to actual e:tlers
therein, and for other purposes" and all
acts amendatory or In extension thereof, or
supplementary thereto, and all acts or parts
of acts inconsistent with the provisions OF
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 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 in
the continuous, adverse, actual, bona hide
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 such
townships for twenty years next preceding
the time of making such survey, the deputy
surveyor shall recognize and establish the
lines OF such possession and make the sub
division of adjoining land In accordance
IL.
rately defined in the field notes of the survey
and delineated on the township plat, with
the boundaries and area of the tract as a
separate, legal subdivision: The deputy
surveyor shall return with his survey the
name or names of all persons so found to be
in possession, with proper description OF
the tract in the possession OF each, as shown
by the survey, and the proof furnished to
him of such possession.
Upon receipt OF such survey and proofs,
the Commissioner of the General Land
once shall cause careful investigation TO be
made in such manner as he shall deem neces- |
sary for the ascertainment OF the truth in
respect of such claim and occupation, and If
satisfied upon such investigation that the
claimant comes within the provisions of this
section, he shall cause patents to be issued |
to the parties so found to be in possession
for the tracts respectively claimed by them;
Prosided, howeger, That no person tdt pc De
more than one hundred and sixty acres in
his own right by virtue of this section, And
prOUided 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
lawful successors in title of possession, be-
came citizens of the United States by reason
of the treaty of Guadalupe Hidalgo, 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
yided. hoUeUer That no person shall be en-
titled to enter more than one such tracts In
his own right, under the provisions of this
section.
Cno hat oil C1atrnQ arising