Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-16

taking testimony, anu OlHCl NloS " hNeii
and dispose of intcrlOCutory motions mol
affecting the substantial merits OF case
Ard said court shall have and possess al
the powers of Circuit Court or the Un1tec
States in preserving order, competing tht
production of books, papers and documents
the attendance OF witnesses and IN PUNISH
ing COntempts.
SEC. 10. That all the foregoing proceed
ings and rights shall be conducted and de
Cided subject to the following provisions al
well as to the other provisions OF TINS act
namely;
not appear to be upon title lawfully ant
regularly derived from the Government o.
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 tina
If not then complete and perfect at the datt
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 ant
the United States are bound, upon tht
principles of the public law, or by the pro
visions of the treaty of cession, to respect
and permit to become complete and pcrtec
if the same was not at said date alreadJ
complete and perfect
Second-No claim shall be allowed thai
shall interfere with or overthrow any JUS
aud uneXtinguished Indian title or right u
any land or place.
1hGd-No allowance or confirmation o.
any claims shall confer any right or title tt
minerals of the same unless the gram
claim effected the donation or sale OF sucf
mines or minerals to the grantee, unless
such grantee has become Otherwise entltlee
thereto in law or in equity: but all sucf
mines and minerals shall remain the prop
erty of the United States, with the right o.
working the same, which fact shall De STATED
in all patents issued under this act But nc
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. ~
FOTth-No claim shall be allowed tor any
land, the right to which has hitherto
been lawfully acted upon and decided by
Congress- or under its authority.
FJth-No proceeding, decree or act under
this act shall conclude or affect the prlValt
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 been
passed; but the proceedings, DEGREES ano
acts herein provided for shall be conclusive
of all rights as between the United States
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
by the United States of its right and title tc
the land confirmed, nor shall 1t operate tc
make the United States in any manner
liable In respect of any such grants, claims
ldlllS VI lllCll othNA Ni'S eiAet1
as is in this act provided.
SeUenth-No confirmation in respect of any
claims or lands, mentioned in section 8 OF
this act or in respect OF any claim or tltle
that is not complete and perfect at the tlme
of the transfer of sovereignty to the United
States as referred to in this act snail IN any
case be made or patent issued for a greater
quantity than eleven square leagues OF lana
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.
EiQhih-NO concession, grant, or other
authority to acquire land made upon any
condition or requirements, either anteCcd-
ent or subsequent, shall be admitted or CON
hrmed 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 Otner autnor-
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
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 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
a Spanish or Mexican grant. For the pur-
pose of ascertaining the value and amount
of such land, surveys may be ordered by the
taken before the court or
by commissioner appointed for that pur'
pose by the court.
SEC. Is. That section of the act of Con
gress approved July 22nd, 1854, entitled
IAN act to establish the office of surveyors
General OF New Mexico, Kansas and Ne
braska to grant donation to actual e.tlers
therein, and for other purposes" and all
thereto, and all acts or parts
of acts inconsistent with the provisions or
this act are hereby repealed.
SEC. 16. That in township surveys mere
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 fide
residing thereon as ms nome,
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 establlsh the
lines of such possession and make the sub
division of adjoining land in accordance
Herewith. Such possession shall be accu.
rately defined in the field notes of the survey
and delineated on the township plat, with
the boundaries and area OF the tract as
u,,1Nl tHrfct ha U
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 furnlshed TO
him of such possession.
Upon receipt OF such sui Fey and proofs,
the Commissioner of the General Land
Office shall cause careful investigation to be
made In such manner as he shalldeem neCes-
sary for the asCertainment of the truth in
respect of such claim and occupation, and If
satisfied upon such investigation that the
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, h0WeDer, That no person shall be
entitled to confirmation of, or to patent tor,
more than one hundred and sixty acres in
his own right by virtue OF this section 4na
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
who, or whose ancestors, grantors, or their
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-
Cided. hoaCeoer, That no person shal be en-
titled to enter more than one such tracts, in
his own right, under the provisions of this
section.
SEC. 10. That all claims arising under
either of the two next preceding sections of