Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-29

production of books papers and documents
the attendance of witnesses and in punish
ing Contempts
, inrs and rights shall be conducted and de-
Cidcd subject to the following provisions as
well as TO the other provisions of this act
EirSt-No claim shall be allowed that shall
not appear to be upon title lawfully and
regularly derived from the Government or
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 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
and permit to become complete and perfect
if the same was not at said date already
complete and perfect,
StGoAd-No claim shall be allowed that
shall interfere with or overthrow any just
and uncxtinguished Indian title or right to
any land or place.
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.
land, the. right to which has, hitherto
been lawfully acted upon and decided by
Congress, or under its authority.
! fJth-No proceeding, decree, or act under
! 10 oh n 1p a Il
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.
tSErth-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.
Se0enth-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
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.
| Ejghh-No concession, grant, or other
condition or requirements, either antcced-
ent or subsequent, shall be admitted or con-
frmed unless it shall appear that every such
condition and requirement was performed
hi thAt i,1o nd int 4 n1 in
any such concession, grant, or other author-
| ity to acquire land
SEC IA. Thatif 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 of such 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
| o.,
court and proof taken before the court, or
by commissioner appointed for that pur-
pose by the court.
SEC. Is. That section of the act of Con
cress 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 all
| 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 10. 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, 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 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
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 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
| Office shall cause careful investigation to be
made in such manner as he shall deem neces-
| sary for the asCertanment of the truth In
| respect of such claim and occupation, and If
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 hOWe0er, That no person shall be
| entitled to confirmation Of or to patent Tor,
more than one hundred and sixty acres in
| his own right by virtue of this section: And
prOUided FURTHER, That this section shall not
apply to any city lot town lot, village LOT,
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
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 aud residence thereof of tracts
not to exceed one hundred and sixty acres
each, for twenty years next proceeding 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 General
| 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-
0ided, horeyer, 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. lS. That all claims arising under
either of the two next preceding sections of
this act shall be filed with a 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