Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-11

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and dispose of interloCutory motions not
affecting the substantial merits of a case.
And said court shall have and possess all
the powers of Circuit Court of the United
States in preserving order compelling the
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 as
well as TO the other provisions of this act,
namely:
FISt-No claim shall be allowed that shall
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-
visions of the treaty of cession, to respect
| If the same was not at said date already
complete and perfect.
StGond-No claim shall be allowed that
shall interfere with or overthrow any just
and uneXtinguished Indian title or right to
any land or place.
IHdd-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 to the grantee, unless
such grantee has become otherwise entitled
! thereto in law or in 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.
FourtA-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 shah 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 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.
Se0fntt-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 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.
Eighth-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-
irmcd 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
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; and such
Judgment when found shall be a 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
court, and proof taken before the court, or
by a commissioner appointed for that pur-
pose by the court
SEC. 8. That section of the act of Con
eress 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 settlers
therein, and for other purposes and an
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; If It shall
be made to appear to the satisfaction OF
the deputy surveyor mak sh sncn , survey
his ancestors, .grantors, or their lawful
successors in title or possession, been in
the continuous, adverse, actual, bona hde
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
surveyor shall recognize and establish 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
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 II
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;
Prouided hoWeyer, That no person shall be
entitled to confirmation Of or to patent for,
his own right by virtue of this section;, And
provided further, That this section snail 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 l l of this act.
SEC II. That in the case of townships here
tofore surveyed in the Territories of New
!
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 Gener al
Land ONCE upon such investigation as is
provided for in section 10 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-
vided, however,, That no person shall 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
this act shall be filed with Surveyor-Gen-
| eral of the proper State or Territory within
| two years next after the passage of this act,
and no claim not so filed shall be valid. And
the class of cases provided for in said two
next preceding sections shall not be consid-