Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-22

and dispose of inter lOCutOry motions NJ
affecting the substantial merits of a cas-
Ard said court shall have and possess a
the powers of a Circuit Court of the Unite
States in preserving order, compelling II
production of books, papers and document
the attendance of witnesses and in punisl
ing Contempts.
SEC. 10. That all the foregoing proceed
ings and rights shall be conducted and d
Cided subject to the following provisions {
well as to the other provisions of this &C
namely:
FirSt-No claim shall be allowed that sha
not appear to be upon a title lawfully an
regularly derived from the Government {
spain or Mexico, norfrOm any of the State
Of the Republic of Mexico having lawful al
tnOr1ty to make grants OF land ana one thu
II 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 ritor
not been acquired by the United States an
the United States are bound upon tn
principles of the public law, or by the pro
visions of the treaty of cession, to respeC
ana permit to become complete and perfet
II the same was not at said date alread
complete and perfect.
SecONd-No claim shall be allowed tina
shall interfere with or overthrow any jus
and uneXtinguished Indian title or right t
any land or place.
any claims shall confer any right or title t
any gold, silver, or quicksilver mines o
minerals OF the same, unless the gran
claim effected the donation or sale of sue
mines or minerals to the grantee, unles
such grantee has become otherwise entitle
thereto in law or in equity: but all sue
mines and minerals shall remain the proI
erty of the United States, with the right o
working the same, which fact Shall be state
in all patents issued under this act. But n
such mine shall be worked on any propert
confirmed under this act without the consen
of the owner of such property until special
authorized thereto by an act of Congress
hereafter passed.
fou1h-No claim shall be allowed for an,
land, the. right to which has hitherto
been lawfully acted upon and decided b,
Congress, or under it's authority.
Fgh-No proceeding decree. or act undel
this act shall conclude or affect the privat,
rights of persons as between each other. al
of which rights shall be reserved and saveC
to the same effect as if this act had not beer
passed; but the proceedings, DEGREES anC
acts herein provided for shall be conclusive
OF all rights as between the United State!
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 a release
by the United States of its right and title tc
the land confirmed nor shall it operate tc
make the United States in any manner
liable In respect of any such grants, claims
VI VI luclL pOSlllOll, OlueIWlSe lUdI
as is in this act provided.
Se0enth-No confirmation in respect of any
claims or lands, mentioned in section 6 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
M int 1tr
nor for greater quantity than was author.
lied by the respective laws of Spain or Mex
leo applicable to the claim.
Etghh-NO concession grant, or other
to acquire land made upon any
condition or requirements, either anteced-
ent or subsequent, shall be admitted or con.
llrmed 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
lty to acquire land.
SEC. A. 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
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
he treasury of the United States Either
party deeming himself aggrieved by such
may appeal in the same manner as
provided herein in cases of confirmation of
/ Spanish or Mexican grant For the pur-
bose of ascertaining the value and amount
# such land, surveys may be ordered by the
curt and proof taken before the court. or
~ commissioner appointed for that pur-
'ose by the court.
SEC. Is. That section of the act of Con-
,ress approved July 22nd, 1854, entitled
An act to establish the Office of Surveyors
General of New Mexico, Kansas and Ne
,raska, to grant donation to actual settlers
herein, and for other purposes" and all
Lcts amendatory or in extension thereof, or
supplementary thereto, and all acts or parts
# acts inconsistent with the provisions of
his act are hereby repealed.
SEC. 49, That in township surveys here
Ifter to be made in the Territories of New
feXico Arizona and Utah. and in the States
# Colorado, Nevada and Wyoming. If it shall
re made to appear to the satisfaction of
he deputy surveyor making such survey
hat any person has, through himself,
lis ancestors, grantors, or their lawful
uccessors in title or possession, been in
he continuous, adverse, actual, bona fde
resulting DIS HIS nome,
# 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
urveyor shall recognize and establish the
ines OF such possession and make the sub
ivision 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
M n q 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
)flce shall cause careful investigation to be
nade in such manner as he shall deem neCes-
airy for the ascertainment of the truth in
aspect of such claim and occupation, and if
atisted upon such investigation that the
comes within the provisions of this
ection, he shall cause patents to be issued
o the parties so found to be in possession
or the tracts respectively claimed by them;
'rOUided, h0CeJer, That no person shall be
ntitled to confirmation Of or to patent for,
more than one hundred and sixty acres in
lis own right by virtue of this section; And
ro0ided ttrther 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
which may fall within the provisions of sec.
ion IL of this act.
SEC. II. That in the case of townships here,
ofore surveyed in the Territories of New
1exico, Arizona and Utah. and the States of
Nevada and Wyoming, all persons
Who, or whose ancestors, grantors. or their
awful successors in title of possession, be-
anne citizens of the United States by reason
# the treaty of Guadalupe Hidalgo, and who
lave been in the actual, continuous. adverse
possession and residence thereof of tracts
lot to exceed one hundred and sixty acres
ach, for twenty years next preceding such
urvey, shall be entitled, upon making proof
# such fact to the satisfaction of the regis
err and receiver of the proper land district
nd of the Commissioner of the General
and Office upon such investigation as is
provided for in section 10 of this act to en-
err without payment of purchase money,
ees or commissions, such legal subdivisions,
lot exceeding one hundred and sixty acres,
s shall include their said possession Pro-
ided, hODe0er, That no person shall be en-
tiled to enter more than one such tracts, in
lis own right, under the provisions of this
ection.
SEC. 49,. That all claims, arising under
ither of the two next preceding sections of
his act shall be filed with Surveyor-Gen-
raj of the proper State or Territory within
WO wears next after the passage of this act,