Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-24

the powers OIL CIRCUIT Court ol my I'm 4, y
States in preserving order, compelling Tue
production of books papers and documents,
the attendance of witnesses and IN puhlSh'
ing Contempts.
SEC. 10. That all the foregoing proceed
1ngs and rights shall be conducted ana de-
cided subject to the following provisions as
well as to the other provisions OF this act
namely: >,
First-No claim shall be allowed that shall
not appear to be upon a title lawfully ana
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, ana one Lhal
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 territory
not been acquired by the United States, ana
the United States are bound, upon the
principles of the public law, or by the pro,
visions of the treaty of cesston, TO respeCi
and permit to become complete and pefteCl
If the same was not at SAID date alfeddy
complete and perfect,
SeGond-No claim Shall be allowed that
shall interfere with or overthrow any ]u5l
and unextinguished Indian title or right tC
any land or place.
IHud-No allowance or confirmation OF
any claims shall confer any right or tue &c
any gold, silver, or quicksilver mines or
minerals of the same, unless the grant
claim effected the donation or sale OF sucn
mines or minerals to the grantee. unless
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 TACT snail be stateC
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
Fourth-No claim shall be allowed for any
land, the, right to which has hlther &c
been lawfully acted upon and decided by
Congress, or under its authority.
FUth-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 beer
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
United States otherwise than as release
by the United States of its right and title &c
the land confirmed, nor shall it operate &c
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.
Seventh-No confirmation in respect of any
claims or lands, mentioned in section u Of
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 orlg1
nal grant, to two or more persons Jointly
nor for greater quantity than was author
lied by the respective laws OF SPAN or Mex
leo applicable to the claim.
EiUHfh-NO concession, grant, or Otllct
authority to acquire land made upon any
condition or requirements, either anteced
ent or subsequent, shall be admitted or con
frmed unless it shall appear that every SuCf
condition and requirement was performed
within the time and in the manner stated ir
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 deCreeG
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 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 land
so sold or granted, exclusive of bettcrmcnts
not exceeding one dollar and twenty-five
cents per acre for such lands ana SuCn
Judgment W0e1l 1OuUu Slldll Dt d Clul &c w
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. Is. That section of the act of Con
gress approved July 22nd, 1854, entitled
FAN 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 OF
supplementary thereto, and all acts or parts
of acts inconsistent with the provisions oi
this act are hereby repealed.
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 Tide
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
the time of making such survey, the deputy
surveyor shall recognize and establish the
lines Of such possession and make the sub
division of adjoining land in accordance
herewith. Such possession SNAIL 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 a
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 a proper description of
ba two in he npceesgiOD of each shown
by the survey, and the proof furnished ia
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
Provided, h0We0er, That no person shall be
more than one hundred and sixty acres In
his own right by virtue of this sections; ana
provided further, That this section shall 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 tc
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 IerfltOr1eS 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 proceeding sucf
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 Genera
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 possessions Pro
yided, hoaUeyer, That no person shall be en-
titled to enter more than one such tracts. iI
his own right, under the provisions of this
SEC. 1s. That all claims arising under
either of the two next preceding sections Of
this act shall be filed with a SurveyorGen
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
cred adiudica ted by the court created by thiE