Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-18
# of congress hereafter passed

( Fonrth. No claim shall be allowed 70
! any land the right to which has hitherto
| been lawfully acted upon and decided by
congr .ss, or under its authority.
Fifth. 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.
=. Sixth No confirmation of or decree
concerning any claim under this act shall
in any manner operate or have effect
against the United States otherwise than
as release by the United States of its
right and title to 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 dis
position otherwise than as it is in this act
provided.
Seventh. No confirmation in respect
of any claims or lands mentioned in sec
ton six of this act or in respect of any
perfect at the time of the transfer of SOW
ereignty 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
original grant to two or more persons
jointly, nor for a greater quantity than
was authorized by the respective laws of
Spain or Mexico applicable to the claim.
Eighth. No concession, grant, or other
authority to acquire land made upon any
condition or requirement, either anteced-
ent or subsequent, shall be admitted or
confirmed 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 authority to acquire land.
Sec. IA. That if in any case it shall
appear that the lands or any part thereof
decreed to any claimant under the pro-
visions 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
said court of such sale or grant, and the
value of the lands so sold or granted, such
court shall render judgment in favor of
such claimant against the United States
for the reasonable value of said lands 80
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 Spanish or Mexican
grant For the purpose of ascertainng
the value and amount of such lands, sur
veys may be ordered by the court, and
proof taken before the court, or by COM
missioner appointed for that purpose by
the court.
Sec. Is. That section eight of the act
OF congress approved July %, 1854 en-
titled Gan act to establish the offices OF
surveyor general of New Mexico, Kansas,
and Nebraska, to grant donations to 40
tual settlers therein, and for other pur-
poses," and all acts amendatory or in ex-
tension thereof, or supplementary there
to, and all acts or parts of acts inconsistent
with the provisions of this act are hereby
repealed.
Sec. Is. That in township surveys
hereafter to be made in the territories of
New Mexico, Arizona and Utah, and in
the states of Colorado, Nevada and Wyo-
ming if it shall be made to appear to the
satisfaction of the deputy surveyor max
ing such survey that any person has,
through himself his ancestors, grsntors,
or their lawful successor in title or posses
sion, been in the continuous adverse &C.
tual bona fide possession, residing there
on as his home, of any tract of land Of or
in connection Herewith OF other lands,
all together not exceeding one hundred
and sixty acres in such township 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 subdivision
Of the adjoining lands in accordance
Herewith. Such possession shall be &C.
curately 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
so found to be in possession, with pro-
per description of the tract in the posses
sion of each as shown by the survey,
and the proofs furnished to him of such
possession.
Upon receipt OF such survey and proofs
the commissioner Of the general land Of
fee shall cause careful investigation to be
made in such manner as he shall deem
necessary for the ascertainment of the
truth in respect Of such claim and occu-
patton, and if satisfied upon such inves-
tigation 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: Provided,
however, That no person shall be entitled
to confirmation of, or to patent for,
more than one hundred and sixty acres
in his own right by virtue of this section
And provided further, That this section
shall not apply to any city lot, town lot,
village lot, farm lot or pasture lot held un-
der grant from any corporation or town
the claim to which may fall within the
provisions of section II of this act.
Sec. II. That in the case of townships
heretofore surveyed in the territories OF
New Mexico, Arizona and Utah, and the
States OF Colorado, Nevada and Wyoming,
all persons who, or whose ancestors,
grantors or their lawful successors in title
or possession. became citizens of the
United States by reason of the treaty OF
Guadalupe Hidalgo, and who have been
in the actual continuous adverse posses
sion and residence thereon of tracts of not
to exceed 100 acres each, for twenty years
next preceding such survey, snail be en-
titled, upon making proof of such facts to
the satisfaction Of the register and re.
ceiver of the proper land district, and of
the commissioner of the general land
office upon such investigation as is pro-
v;ded for in section 16 of this act to