Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-08

dlIeCll0g the substantial merits OF Il Case
And said court shall have and possess al
the powers of Circuit Court Of the l'nitet
States in preserving order, compelling tn
production of books, papers and docume9ts
the attendance of witnesses and in punish
ing Contempts.
SEC. 10. 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 a 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 Unitet
states, the claimant would have had law
full right to make perfect had the ter rtOr,
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 ccssion, to reSpec
and permit to become complete and pertec
II the same was not at said date dlrcdd,
complete and perfect.
.SeCOnd-No claim shall be allowed tina
shall interfere with or overthrow any JUS
and uneXtinguished Indian title or right Il
any land or place
1hGd-No allowance or confirmation o
any claims shall confer any right or title t
any gold, silver, or quicksilver mines OF
minerals of the same, unless the gran
CldlLu eHeCleu the uOndllOu OF Sale Oh SuCl
mines or minerals to the grantee. unless
such grantee has become otherwise entitled
thereto in law or in equity; but all suCt
mines and minerals shall remain the prop
erty of the United States, with the right o
working the same which fact shall be STATED
in all patents issued under this act, But ne
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
this act shah 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
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 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 disposition, otherwise than
as Is in this act provided
DtOtVtN-NO COuLl LldllOu III ItSp tll VI dlly
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 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 origi-
nal grant, to two or more persons jointly,
nor for a greater quantity than was author
lied by the respective laws of Spain or Mex
leo applicable to the claim.
Eigitth-No concession, grant, or other
to acquire land made upon any
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. Thatif in any case II 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
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 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 charge on
he 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
| Spanish or Mexican grant. For the pur
pose of ascertaining the value and amount
If 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. 15 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
cts 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. 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: II It shall
re 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 fde |
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 |
Ownships for twenty years next preceding |
he time of making such survey, the deputy |
urveyor 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
eparate, legal subdivision. The deputy
lrveyor shall return with his survey the
n o,- n of al tp no
| 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
Iade in such manner as he shall deem neces-
Try for the ascertainment of the truth in
aspect of such claim and occupation, and if
itished 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
n the tracts respectively claimed by them;
rovided, hoWeger, That no person shall be
ltitled to confirmation of, or to patent for,
ore than one hundred and sixty acres in
Is own right by virtue of this section; ARd
'o0ided further, That this section shall not
pply to any city lot, town lot, village lot,
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 IL of this act.
SEC II. That in the case of townships here
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
1t to exceed one hundred and sixty acres
Lch, for twenty years next preceding such
rvey, shall be entitled, upon making proof
such fact to the satisfaction of the regis
r and receiver of the proper land district
i'd 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, h0UeUer, That no person shall be en- 6
led to enter more than one such tracts in
s own right, under the provisions of this
ctlon.
SEC. 10. That all claims arising under
.her of the two next preceding sections of ,
Is act shall be filed with a Surveyor-Gen-
al of the proper State or Territory within {
o years next after the passage of this act ,
d no claim not so filed shall be valid And ,,
q claeS of cases provide1 for in said tuo |