Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-07

And said court shall have and possess al
the powers of a Circuit Court of the Unitet
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 dc
cided subject to the following provisions a
well as to the other provisions OF this ac'
namely:
FIrst-No claim shall be allowed that shall
not appear to be upon 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 al
thority to make grants OF land, ana 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 law
full right to make perfect had the tctritOr
not been acquired by the United states, an
the United States are bound, upon TN
principles of the public law, or by the pre-
visions of the treaty of ceSsion, to rcspec
and permit to become complete and pertetc
If the same was not at said date dlrGdd
complete and perfect.
tSecond-No claim shall be allowed tina
and unextinguished Indian title or right t
any land or place.
1hird-No allowance or confirmation 0
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 entltle
thereto in law or in equity; but all sue
mines and minerals shall remain the prot
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.
Fowth-No claim shall be allowed for an,
land, the right to which has hitherto
been lawfully acted upon and decided b,
Congress, or under its authority.
FVth-No proceeding, decree. or act unde'
this act shall conclude or affect the private
rights of persons as between each other al
of which rights shall be reserved and savet
to the same effect as If this act had not beef
passed; but the proceedings, DEGREES. ant
acts herein provided for shall be conclusive
of all rights as between the United States
and all persons claiming any interest Ol
right in such lands.
SiIth-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 t.
the land confirmed, nor shall it operate tt
make the United States in any manner
liable In respect of any such grants. claims
or lands or their disposition otherwise thar
as is in this act provided.
OSUeHLH-NO COllllT IudLlO1l III respect Oh 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 unitcC
States as referred to in this act, shall in any
case be made or patent issued for greater
quantity than eleven square leagues OF lanC
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
I,rf bay i've Ia If ina nr lev
leo applicable to the claim.
Eighth-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
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. IA. That if in any case it 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
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 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 charge on
the 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
a Spanish or Mexican grant. For the pur-
pose of asCertaining the value and amount
IF such land, surveys may be ordered by the
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
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
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, 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 flde
residing thereon as his home,
If any tracts of land, OF or in connection
seeding one hundred and sixty acres, in such
townships for twenty years next preceding
he time of making such survey, the deputy
shall recognize and establish the
ines OF such possession and make the sub
livision of adjoining land in accordance
herewith. Such possession shall be aCcu-
-ately defined in the field notes of the survey
md delineated on the township plat, with
he boundaries and area OF the tract as
separate, legal subdivision. The deputy
mr.
lame 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
lin of such possession.
Upon receipt OF such survey and proofs,
he Commissioner of the General Land
)f1ce shall cause careful investigation to be
made in such manner as he shall deem neces-
'ary for the ascerta1nment OF the truth in
of such claim and occupation, and If
Iatisfed upon such investigation that the
claimant comes within the provisions of this
lection, he shall cause patents to be issued
% the parties so found to be in possession
or the tracts respectively claimed by them;
entitled to confirmation of, or to patent for,
more than one hundred and sixty acres in
lis own right by virtue of this sections; and
,r00ided further, That this section shall not
lpply 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 IT, 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-
,ame citizens of the United States by reason
If 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
zach, 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
md of the Commissioner of the General
land ONCE upon such investigation as Is
provided for in section 10 of this act to en-
er without payment of purchase money
ees or commissions. such legal subdivisions
lot exceeding one hundred and sixty acres
Is shall include their said possession; Pro-
ided, however, 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
lther of the two next preceding sections of
his act shall be filed with Surveyor-Gen-
raj of the proper State or Territory within
wo years next after the passage of this act,
nd no claim not so filed shall be valid And
he class of cases provided for in said two