Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-22

the attendance of witnesses and In punish
ing contempts
SEC. is. 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:
BdsENo 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 a 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 respeci
and permit to become complete and perfect
complete and perfect.
SeGond-No claim shall be allowed that
shall interfere with or overthrow any just
and uneytinguished Indian title or right To
any land or place.
+ 1hird-No allowance or confirmation OF
any claims shall confer any right or title to
any gold, silver, or quicksilver mines OF
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 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.
Fouth-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.
F'Jth-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 OF
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 to
the land confirmed, nor shall 1t operate ,tC
make the United States In any manner
liable In respect of any such grants, claims
or lands or their disposition, Otherwise IMAM
as is In this act provided.
SeUenth-No confirmation in respect of any
claims or lands, mentioned In section q OF
this act or in respect OF any claim or TUE
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 Tor 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 orig1
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.
Eighh-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
a r., n a
condition and requirement was Performeo
within the time and in the manner stated In
any such concession, grant, or other author
ity to acquire land. ,,
that the land, or any part thereof decreec
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
shall remain valid, Notwithstanding such
decree, and upon proof being made to the
satisfaction of such court OF such sale OF
grant, and the value of the land SO sold OF
granted, such court shall render judgment
In favor of such claimant, against the United
States, for the reasonable value of said lane
so sold or granted, exclusive OF bettermen ts
not exceeding one dollar and twenty-five
cents per acre for such lands and such
Judgment when found shall be charge or
the treasury of the United States, Either
party deeming himself aggrieyed oy sucn
Judgment, may appeal in the same manner al
D1OVlueu UeItlu Ill CdSCS VI SOhhA Vi
a Spanish or Mexican grant. For. the pur
pose of ascertaining the value ana amour,
of such land, surveys may be ordered by the
court, and proof taken before the court, OF
by a commissioner appointed for that pur
pose by the court.
SEC. IS. That section of the act of Con
gress approved July 22nd, 1884, entitled
General of New Mexico, Kansas and Ne
braska, to grant donation to actual settlers
therein, and for other purposes" and al
acts amendatory or In extension tnereo1' OF
of acts acts Inconsistent with the provisions Of
this act are hereby repealed.
SEC. IS. That in township surveys here
after to be made in the Territories OF New
Mexico Arizona and Utah, ana IN the Ss "a
be made to appear to the satisfaction o!
the deputy surveyor making such survey
that any person has, through himself
his ancestors grantors, or tneir hesn u
the continuous, adverse, actual, bona hdt
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 sucf
townships for twenty years next precedlnt
the time of making such survey, the deputy
surveyor shall recognize and estaoilsh TN
lines Of such possession and make the SUP
division of adjoining land In accordance
Herewith. Such possession shall be accu
rately defined in the field notes of the surve,
and delineated on the township plat, witt
the boundaries and area OF the tract as
surveyor shall return with his survey thu
name or names of all persons 80 found to b'
in possession, with proper description O
the tract in the possession OF each as snow
by the survey, and the PROOF IuTnlsheu u
him of such possession.
Upon receipt OF such surrey and proofs
the Commissioner Of the General. Lant
once shall cause careful investigation TO o.
made in such manner as he shall deem neces
sary for the ascertainment OF the truth II
respect of such claim and occupation, and
satisfied upon such tnyest1gation tnat Tn
claimant comes within the provisions OF thi
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, hoaoeuer, That no person shall b.
entitled to confirmation of, or to patent Tor
his own right by virtue of this section;. An,
provided further, That this section shall no
| apply to any city lot, town lot, village lot
| farm lot, or pasture lot held under gran
from any corporation or town, the claim Z
| ton IL of this act.
SEC. IL. That in the case of townships here
| tofore surveyed in the Territories OF New
Mexico. Arizona and Utah, and the States
Colorado, Nevada and Wyoming, all person
| who, or whose ancestors, grantors, or the1
lawful successors in title OF possession, be
| came citizens of the United states by reaSo
of the treaty of Guadalupe Hidalgo, and VIII
have been in the actual, continuous. advers
possession and residence thereof of tract
| not to exceed one hundred and sixty acre
each, for twenty years next preceding sue
| survey, shall be entitled, upon making proc
of such fact to the satisfaction of the regis
ter and receiver of the proper land distric
and Of the Commissioner of the Genera
Land once upon such investigation as
provided for in section 16 of this act, to er
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; Prt
vided, hoWeuer, That no person shall be er
| titled to enter more than one such tracts, i
his own right, under the provisions OF thi
SEC ls. That all claims, arising undo
either of the two next preceding sections O
| this act shall be filed with alSurveyor-Ge
eral of the proper State or Territory With
| two years next after the passage OF this acl
and no claim not 30 filed shall be valid. An
the class of cases provided for in said tw
next preceding sections shall not be consit
cred adjudicated by the court created by thi
act and no tract of such land shall be sui
ject to entry under the land laws Of tn
! United States.
SEC 10. That the powers and functions O
the court established by this act shall ceas