Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-17

Pc.
And said court shall have aud possess all
the powers of Circuit Court OF the United
States In preserving order compelling the
production of books, papers and documents
the attendance OF witnesses and In plu4SN
ing contempts.
SEC 49, That all the foregoing proceed
fngs and rights shall be conducted and dc
cided subject to the following provisions as
well as to the other provisions OF this act
namely: =,
Eir8t-No claim shall be allowed that shall
not appear to be upon a title lawfully dnC
regularly derived from the Government OF
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 thd
If not then complete and perfect at the date
of acquisition of the territory by the UnlteL
States the claimant would have had Il law
full right to make perfect had the territory
not been acquired by the United States, ant
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 pefteC
if the same was not at said date already
complete and perfect.
Second-No claim shall be allowed thai
shall interfere with or overthrow any JUS
and unextinguished Indian title or right IL
any land or place.
Ihrd-No allowance or confirmation Of
any claims shall confer any right or title Il
any gold, silver, or quicksilver mines Oh
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 SuCf
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 nc
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
been lawfully acted upon and decided by
Congress, or under its authority
FVth-No proceeding, decree, OF 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, 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.
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 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
DeUcfttW-INO COlllll III ~ 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 United
States as referred to in this act shall in any
case be made or patent issued for a 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 greater quantitythau was author
lied by the respective laws of Spain or Mex
leo applicable to the claim.
Etghth-No concession, grant, or other
to acquire land made upon any
condition or requirements, either anteCed-
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
lty to acquire land.
SEC. a. That if in any case 1t 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 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 bettcrnents,
not exceeding one dollar and twenty-five
cents per acre for such lands and such
Judgment when found shall be a 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-
bose of ascertaintng the value and amount
# such land, surveys may be ordered toy the
curt, and proof taken before the court, or
~ commissioner appointed for that pur-
pose by the court
SEC. Is. 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
Lcts 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
Lfter to be made in the Territories of New
dexico, Arizona and Utah, and in the States
# Colorado, Nevada and Wyoming. If 1t shall
,e made to appear to the satisfaction of
hat any person has, through himself,
lis ancestors, grantors, or their lawful
uccessors in title or possession, been in
he continuous adverse, actual, bona hde
possession, 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 |
ines 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
he boundaries and area of the tract as a
eparate, legal subdivision The deputy
lrveyor shall return with his survey the
anne or names of all persons so found to be
possession, with a proper description of |
ne 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,
ne Commissioner of the General Land
lade in such manner as he shall deem neCes-
airy for the entertainment of the truth in
aspect of such claim and occupation, and if
atisfied upon such investigation that the
laimant comes within the provisions of this
ection, he shall cause patents to be issued
} the parties so found to be in possession
Or the tracts respectively claimed by them;
'r0pided, hoWe0er, That no person shall be
ntitled to confirmation of, or to patent for.
lore than one hundred and sixty acres III
is own right by virtuo OF this section: AHd
roUided .tSTltsr That this section shall not
pply 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
hich may fall within the provisions of sec
on ! 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
lwful successors in title of possession, be.
anne citizens of the United States by reason
the treaty of Guadalupe Hidalgn, and who
ave been in the actual, continuous. adverse
ossession and residence thereof of tracts
OF to exceed one hundred and sixty acres
ach, for twenty years next proceeding such
lrvey, shall be entitled, upon making proof
such fact to the satisfaction of the regis
,r and receiver of the proper land district
nd of the Commissioner of the General
and ONCE upon such investigation as is
rovided for in section 10 of this act to en-
n without payment of purchase money
,es or commissions. such legal subdivisions
OF exceeding one hundred and sixty acres,
3 shall include their said possession; Pro-
ded, however, That no person shall be en-
tied to enter more than one such tracts, in
Is own right, under the provisions of this
,ction.
SEC. 1S. That all claims arising under
Their of the two next preceding sections of
lis act shall be filed with a Surveyor Gen
al of the proper State or Territory within
70 years next after the passage of this act,
nd no claim not so filed shall be valid. And
lie class of cases provided for in said two
ext preceding sections shall not be consid-
4 I'll !,