Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-01


States in preserving order, compelling tn
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 and de
Cided subject to the following provisions a
well as to the other provisions of this act
namely:
BirSt-No claim shall be allowed that shall
not appear to be upon title lawfully ant
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 and one tina
If 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 territor
not been acquired by the United States, AM
the United States are bound, upon tn
principles of the public law, or by the pro
visions of the treaty of cession, to respec
and permit to become complete and perfec
II the same was not at said date alread.
complete and perfect
SeCORd-No claim shall be allowed tina
shall interfere with or overthrow any jus
and uneXtinguished Indian title or right tt
any land or place.
IHird-No allowance or confirmation o
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 sucl
mines or minerals to the grantee, unles
thereto in law or in equity: but all sucl
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 NJ
such mine shall be worked on any property
confirmed under this act without the ConSen
of the owner of such property until specially
authorized thereto by an act of Congress
hereafter passed.
Fowth--No claim shall be allowed for any
land, the, right to, which has, hitherto
been lawfully acted upon and decided by
Congress- or under it's authority.
fVth-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 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
United States otherwise than as a release
by the United States of its right and title tc
the land confirmed, nor shall 1t operate tc
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.
Seyenth-No confirmation in respect of any
claims or lands, mentioned In section OF
ILLS DIT VI Ill lCSpCIl VI Oily Cidlul VI llLlC
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.
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.
EiUHFH-NO concession. grant other
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 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. II. 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 80 sold or
granted, such court shall render judgment
in favor of such claimant, az dinst 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
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 or confirmation or
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
San 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
thereto, and all acts or parts
of acts inconsistent with the provisions OF
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. If It 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 fde
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
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
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
~ @,-o, - t,,t ha If 90 oh ruY,
by the survey, and the proof furnished to
MIN of such possession.
Upon receipt OF such SUI Fey and proofs,
he Commissioner of the General Land
made in such manner as he shall deem neces-
sary for the ascerta1nment 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;
h0Ueoer, 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
orogided 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 to
lion IL 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
Nevada and Wyoming, all persons
who or whose ancestors, grantors, or their
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
and 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
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 16 of this act to en-
:er without payment of purchase money,
fees or commissions such legal subdivisions
not exceeding one hundred and sixty acres
Is shall include their said possession; Pro-
,ided hoaDe0er, 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 a NSurveyor-Gen-
,ral of the proper State or Territory within
.wo years next aftef the passage of this act,
Ind no claim not so filed shall be valid. And
he class of cases provided for in said two
next preceding sections shall not be consid-
,red adiudicated by the court created by this