Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-27


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 subject to the following provisions a
well as to the other provisions of this act
namely:
First-No claim shall be allowed that shall
not appear to be upon title lawfully an'
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
II not then complete and perfect at the dat
of acquisition of the territory by the United
States, the claimant would have had a law
tul right to make perfect had the territor,
not been acquired by the United States ant
the United States are bound, upon tn
principles of the public law, or by the pro
visions of the treaty of Cession, to respeC
and permit to become complete and pertec
If the same was not at said date alread,
complete and perfect.
Secohd-No claim shall be allowed tina
shall interfere with or overthrow any JUS
and unextinguished Indian title or right Il
any land or place.
1hfd-No allowance or confirmation o
any claims shall confer any right or title L
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. unless
such grantee has become otherwise entitled
thereto in law or in equity; but all suCl
mines and minerals shall remain the prop
erty of the United States, with the right .
working the same, which fact shall be STATED
in all patents issued under this act. But 1T
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 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
ing any claim under this act shall in any
manner operate or have effect against the
United States otherwise than as Il 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
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 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 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.
Etghfh-No concession, grant, or other
authority to acquire land made upon any
or requirements either anteCed-
snt or subsequent, shall be admitted or CON
armed unless it shall appear that every such
and requirement was performed
within the time and in the manner stated in
any such concession, grant, or other author
ty to acquire land.
SEC. IA. Thatif in any case 1t snail appear
hat the land, or any part thereof, deCreed
% any claimant under the provisions of this
ict shall have been sold or granted by the
United States to any other person, such title
rom the United States to such other person
ihall remain valid Notwithstanding such
lecree, and upon proof being made to the
satisfaction of such court of such sale or
srant, and the value of the land so sold or
granted, such court shall render judgment
n favor of such claimant, against the United
states, for the reasonable value of said land
10 sold or granted, exclusive of betterments,
lot exceeding one dollar and twenty-five
ents per acre for such lands; and such
Judgment when found shall be charge on
he treasury of the United States. Either
'arty 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-
ose of ascertaining the value and amount
t such land, surveys may be ordered by the
curt, and proof taken before the court, or
y commissioner appointed for that pur-
ose by the court
~. q -. - NJ.
ress approved July 22nd, 1854, entitled
An act to establish the office of Surveyors
ieneral of New Mexico, Kansas and Ne
raska, to grant donation to actual settlers
herein, and for other purposes" and all
cts amendatory or in extension thereof, or
supplementary thereto, and all acts or parts
f acts inconsistent with the provisions of
his act are hereby repealed
SEC. 10. That in township surveys here
fter to be made in the Territories of New
fexico, Arizona and Utah, and in the States
Colorado, Nevada and Wyoming, if 1t shall
e made to appear to the satisfaction of
he deputy surveyor making such survey
hat any person has, through himself,
is ancestors, grantors, or their, lawful
uccessors in title or possession, been in
he continuous, adverse, actual, bona lide
residing thereon as his home,
f any tracts of land, of or in connection
herewith of other lands altogether not ex
eeding one hundred and sixty acres, In such
lie time of making such survey the deputy |
lrveyor shall recognize and establish the |
mes OF such possession and make the sub |
vision 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 |
lie boundaries and area of the tract as a |
,parate, legal subdivision, The deputy |
lryeyor shall return with his survey the |
anne or names of all persons 50 found to be |
possession, with proper description of |
lie 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, |
lie Commissioner of the General Land |
flee shall cause careful investigation to be |
ade In such manner as he shall deem neces-
Try for the aSCertainment OF the truth in |
,spect of such claim and occupation and If |
ltisfed upon such investigation that the |
aimant comes within the provisions of this
,ction, he shall cause patents to be issued |
, the parties so found to be in possession |
,r the tracts respectively claimed by them;
r0Utded, h0Ue0er, That no person shall be |
1titled to confirmation of, or to patent for,
ore than one hundred and sixty acres in |
Is own right by virtue of this section; And |
'O0ided turther That this section shall not |
lrm lot or pasture lot held under a grant |
ON any corporation or town, the claim to
hich may fall within the provisions of sec
on l of this act.
SEC. II. mat IN the case OF townships mere
fore surveyed In the Territories of New
exico. Arizona and Utah. and the States of
dorado, Nevada and Wyoming, all persons
no, or whose ancestors, grantors or their
wful successors in title of possession, be-
lme citizens of the United States by reason
the treaty of Guadalupe Hidalgo, and who
ave been in the actual, continuous, adverse
)ssession and residence thereof of tracts
IT to exceed one hundred and sixty acres
lch, for twenty years next proceeding such
lrvey, shall be entitled upon making proof
such fact to the satisfaction of the regis
r and receiver of the proper land district
Id of the Commissioner of the General
and ONCE upon such investigation as is
divided for in section 10 of this act to en-
r without payment of purchase money,
es or commissions. such legal subdivisions,
IT exceeding one hundred and sixty acres,
shall include their said possession; Pro-
led, h0aOeyer, That no person shall be en-
tied to enter more than one such tracts, in
8 own right, under the provisions of this
ction.
SEC. 10. That all claims arising under
Their of the two next preceding sections of
is act shall be filed with Surveyor Gen.
al of the proper State or Territory within
70 years next after the passage of this act,
i'd no claim not so filed shall be valid. And
e class of cases provided for in said two
VT precedin o. eecfiOns shall not he copsid- |