Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-26

the powers of a Circuit Court OF the united
States in preserving order, compelling the
production of books, papers and documents,
the attendance of witnesses and In PUNISH
ing contemptS.
SEC. 10. That all the foregoing proceed
ings and rights shall be conducted ana De
cided subject to the following provisions as
we'll as to the other provisions OF TINS act,
namely:
Brst-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 u,
thority to make grants Of land, ana one lhal
If not then complete and perfect at the GATE
of acquisition of the territory by the United
States, the claimant would have had law
full right to make perfect had the etrltofy
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 Ccssion to respect
and permit to become complete and peffeCl
II the same was not at SAID date dlIeduy
complete and perfect.
Second-No claim shall be allowed that
shall interfere with or overthrow any 1uS'
and uneXtinguished 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
Fourth-No claim shall be allowed for any
land, the right to which has hitherto
hnnr l1u fnI1 RI md
Congress, or under its authority
FVth-No proceeding, decree. or act under
this act shah 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, ~
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
.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 to
the land confirmed, nor shall 1t operate to
make the United States in any manner
liable In respect of any such grants claims,
or lands or their DISPOSE ton, otherwise than
as Is in this act provided.
SeUenth-No confirmation In respect OF any
claims or lands, mentioned in section 6 of
this act or in respect of any claim or title
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 Origl-
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
hrmed unless it shall appear that every such
condition and requirement was performed
within the time and in the manner stated in
any such concession, grant, or other author
ity to acquire land
SEC. IA That tiff in any case it snail appear
that the land, or any part thereof, deCrecd
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 maze 10 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 Dettcrments,
not exceeding one dollar and twenty-five
cents per acre for such lands; and such
Judgment when found shall be 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
of such land, surveys may be ordered 10y the
court, and proof taken before the court, or
by a commissioner appointed for that pur'
pose by the court.
SEC. 10 That section Of the act of Con-
gress 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
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 mere
after to be made in the Territories of New
Mexico, Arizona and Utah, and in the States
of Colorado, Nevada and Wyoming: if it shall
be made to appear to the satisfaction OF
the deputy surveyor making sqch survey
that any person has, through himself,
his ancestors, grantors, or their lawful
In title or possession been in
the continuous, adverse actual bona fide
possession, residing thereon as MS nome,
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
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 a |
separate, legal subdivision, The deputy |
shall return with his survey the |
name or names of all persons so found to be |
n possession, with proper description of
he tract in the possession of each, as shown |
by the survey, and the proof furnished to |
aim of such possession.
at,Nff tll~h ~
he Commissioner of the General Land |
ONCE shall cause careful investigation to he |
made in such manner as he snail deem neCeS- |
sary for the ascertainment OF the truth in |
respect of such claim and occupation, and if |
satisfied upon such investigation that the |
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, hoUe0er That no person shall be |
entitled to confirmation of, or to patent for |
more than one hundred and sixty acres in |
mis- own right by virtue of this section; And
provided further, That this section shall not |
apply to any city lot, town lot, village lot |
farm lot, or pasture lot held under grant |
from any corporation or town. the claim to
which may fall within the provisions of sec
ion II of this act.
SEC II. That in the case of townships here !
.ofore surveyed In the Territories of New |
Mexico. Arizona and Utah. and the States of |
Jolorad Nevada and Wyoming, all persons |
awful successors in title of possession, be- |
came citizens of the United States by reason |
If the treaty of Guadalupe Hidalgo, and who |
nave been in the actual, continuous adverse |
possession and residence thereof of tracts |
lot to exceed one hundred and sixty acres
each, for twenty years next preceding such |
survey, shall be entitled, upon making proof |
If such fact to the satisfaction of the regis
er 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 Is of this act, to en-
er without payment of purchase money,
ices or commissions, such legal subdivisions,
lot exceeding one hundred and sixty acres,
IS shall include their said possession; Pro-
,ided, hoaceUer, That no person shall be en-.
titled to enter more than one such tracts, In
lis own right under the provisions of this
section.
SEC 1S. That all claims arising under
either of the two next preceding sections of |
his act shall be filed with SurveyOr-Gen-
,ral of the proper State or Territory within
wo years next after the passage of this act,
md no claim not so filed shall be valid. And
he class of cases provided for in said two
lext preceding sections shall not be consid-
red adjudicated by the court created by this