Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-04

the powers of a Circuit Court of the UniteC
States in preserving order, compelling I'M
production of books, papers and documents
the attendance of witnesses and in punish
ing Contempts.
SEC -. That all the foregoing proceed
ings and rights shall be conducted and de
cided bjeCt to the following provisions al
well as to the other provisions of this act
namely:
Bust-No claim shall be allowed that shall
not appear to be upon title lawfully ant
regularly, derived from the Government o
Spain or Mexico nor from any of the State
of the Republic of Mexico having lawful au
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'
States the claimant would have had law
full right to make perfect had the terrtor,
not been acquired by the United States ant
the United States are bound, upon th'
principles of the public law, or by the pro
visions of the treaty of Cession, to respec
and permit to become complete and perfec
II the same was not at said date alread.
complete and perfect.
SecOnd-No claim shall be allowed tina
shall interfere with or overthrow any jus
and uneXtinguished Indian title or right u
any land or place.
1hird-No allowance or confirmation o
any claims shall confer any right or title t
any gold silver, or quicksilver mines OF
minerals of the same, unless the gran
claim effected the donation or sale of sucf
mines or minerals to the grantee, unles
such grantee has become otherwise entitle.
thereto in law or in equity: but all suCi
mines and minerals shall remain the prop
erty of the United States with the right o
working the same, which fact shall bestatet
in all patents issued under this act. But NJ
such mine shall be worked on any property
confirmed under this act without the consen
of the owner of such property until specially
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 by
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. 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, and
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.
SiTth-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
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 disposition, otherwise than
as Is in this act provided
SeUenth-No confirmation In respect of any
claims or lands, mentioned in section 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 a 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 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
to acquire land made upon any
or requirements, either antcCed-
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 1t 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 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
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
Judgment when found shall be charge on
he 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 pur-
bose 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.
bose by the court.
SEC g. That section of the act of Con
,ress approved July 22nd, 1854, entitled
An act to establish the Office of Surveyors
General of New Mexico, Kansas and Ne
,raska, to grant donation to actual settlers
herein, and for other purposes" and all
let's amendatory or in extension thereof, or
supplementary thereto and all acts or parts
# acts inconsistent with the provisions of
his act are hereby repealed.
SEC. 10. That in township surveys here
lfter to be made in the Territories of New
1exico, Arizona and Utah, and in the States
# Colorado, Nevada and Wyoming, If 1t shall
he deputy surveyor making such survey
hat any person has, through himself,
lis ancestors, grantors, or their lawful
uccessors In title or possession, been in
he continuous, adverse, actual, bona fde
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
wit n n 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
nce shall cause careful investigation to be
lade in such manner as he shall deem neCes-
airy for the ascertainmcnt of the truth in
aspect of such claim and occupation, and If
atisfed upon such investigation that the
laimant comes within the provisions of this
ection, he shall cause patents to be issued
0 the parties so found to be in possession
or the tracts respectively claimed by them;
'rOUided, hoceCer, That no person shall be
ntitled to confirmation of, or to patent for,
lore than one hundred and sixty acres in
is own right by virtue of this section; And
rOUided further, That this section shall not
pply to any city lot town lot, village lot,
arm lot, or pasture lot held under a grant
rom any corporation or town, the claim to
hitch may fall within the provisions of sec.
ION IL of this act.
SEC IT, 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
tho, 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 |
ossession and residence thereof of tracts |
OF to exceed one hundred and sixty acres
ach, for twenty years next proceeding such |
lrvey, shall be entitled, upon making proof
such fact to the satisfaction of the regis
n and receiver of the proper land district |
nd of the Commissioner of the General |
and once upon such investigation as is
rovided for in section 10 of this act to en-
n without payment of purchase money, |
ees or commissions, such legal subdivisions, |
OF exceeding one hundred and sixty acres, |
$ shall include their said possession; Pro-
ded, however, That no person shall be en-
tied to enter more than one such tracts, in |
is own right, under the provisions of this
ection.
SEC. 10. That all claims arising under
ther of the two next preceding sections of |
lis act shall be filed with Surveyor-Gen-
raj of the proper State or Territory within |
vo 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
Vt oh n II M OF ha