Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-06

| States in preserving order rpiDDpl1inp th
| production of books Daprrs and docII1nGnt,
| the attendance of Witnesses ana in nunfsr
| ing Contempts
| SEC 10 That all the fOrppOir1p DrOcccC
| ings and rights shall be cOudurlCd and dc
| cided subject to the following provisions a
well as to the other provisions of this aCt
namely;
| FIrsf-No claim shall he allowed that shall
not appear to be upon a title lawfully an
regularIy derived rom the GoyernInrnI q
| Spain or Mexico nor from any of the STAT.
| Of the Republic of Mexico having lawful an
| 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 A law
| full right to make perfect had the ter rftor
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 rcsDcC
| and permit to become complete and pcrfeC
| if the same was not at said date dlread
| complete and perfect
| SeCORd-NO claim Shall be allowed tina
| shall interfere with or overthrow any Jus
and unextinguished Indian title or right l.
| any land or place.
Ihnd-No allowance or confirmation o
any claims shall confer any right or title t.
| any gold silver or quicksilver mines q
minerals of the same unless the gran
| claim effected the donation or sale Of SuCl
mines or minerals to the grantee, unles
such grantee has become otherwise entitle,
thereto in law or in equity; but all suCl
mines and minerals shall remain the prom
erty of the United States with the right o
working the same. which fact shall be Statct
in all patents issued under this act. But NJ
such mine shall be worked on any propcrt'
confirmed under this act without the COnscn
of the owner of such property until specially
authorized thereto by an act of Congress
hereafter passed.
F0Uth-No claim shall be allowed for any
land, the right to which has hitherto
hpap lawfully acted nd lariI,.1 ht
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 slvct
to the same effect as If this act had not beer
passed; but the proceedings, DEGREES anG
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.
SiJth-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.
SeDenth-No confirmation in respect of any
claims or lands, mentioned in section q 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 a greater quantity than was author
lied by the respective laws of Spain or Mex
Eghih-No concession, grant, or other
authOritV n lcnnirn land made n,
condition or requirements, either anteCcd-
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 by the
United States to any other person, such title
from the United States to such other person
snail remain valid, Notwithstanding such
decree ana upon proof being made to the
satisfaction of such court OF such sale or
grant, and the value OF the land 50 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; and such
Judgment when found shall be charge on
the treasury of the United States. Either
party deeming himself aggrleyed 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
court, and proof taken before the court, or
by commissioner appointed for that pur-
pose by the court.
SEC. 5. That section of the act of Con-
apnroVaI Julv ODDl 1SIl entitled
IAN act to establish the office of Surveyors
General of New Mexico, Kansas and Ne
braska, to grant donation to actual settlers
therein, and for other purposes" and all
acts amendatory or in extension thereof or
supplementary 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
after to be made in the Territories of New
Mexico, Arizona and Utah, and in the States
If Colorado, Nevada and Wyoming If it shall
De made to appear to the satisfaction of
he deputy surveyor making such survey
hat any person has through himself
MS ancestors, grantors or their lawful
successors in title or possession, been in
he continuous, adverse, actual bona hde
residing thereon as his home
If 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 |
uTVeYOr snail recognize ana establish the |
ines of such possession and make the sub |
livision of adjoining land in accordance |
herewith. Such possession shall be aCcu-
ately defined in the field notes of the survey |
md 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
ame or names of all persons so found to be
n possession, with proper description of
he tract in the possession of each, as shown
" 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
atisfied 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;
'r0yided h0Weyer, 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; AMI
rO0ided 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 NAV fall within the provisions of sec.