Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-31

|
| production of books, papers and documents
the attendance OF witnesses and in punisf
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 ac
namely:
| BUStENo claim shall be allowed that sha1
not appear to be upon title lawfully an
| regularly derived from the Government G
| Spain or Mexico, nor from any of the State
| of the Republic of Mexico having lawful al
thority to make grants of land and one tina
| IT not then complete and perfect at the dat
| of acquisition of the territory by the Unite
States, the claimant would have had Law
tul right to make perfect had the ter ritor
not been acquired by the United States, an
principles of the public law, or by the pre-
| visions of the treaty of Cession, to respec
and permit to become complete and perteC
| II the same was not at said date alread
complete and perfect.
jSeCOnd-No claim shall be allowed tina
shall interfere with or overthrow any jus
and uneXtinguished Indian title or right t
any land or place.
Third-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 sue
mines or minerals to the grantee, unles
such grantee has become otherwise entitle
thereto in law or in equity; but all sue
mines and minerals shall remain the prov
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 NJ
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.
FOurth-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,
FVM-No proceeding, decree, or act unde,
this act shall conclude or affect the privat,
rights of persons as between each other al
of which rights shall be reserved and saveC
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 State
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
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 1t operate tC
liable in respect of any such grants, claims
or lands or their disposition, otherwise thar
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
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 greater quantity than was author.
lied by the respective laws of Spain or Mex.
leo applicable to the claim.
Etghh-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 1t 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. ID 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 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 a 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 aScerta1ning the value and amount
Of 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. IS. 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
he continuous, adverse, actual bona fide
residing thereon as his home
If 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
ines OF such possession and make the sub
division of adjoining land in accordance
herewith. Such possession shall be accu-
'ately defined in the field notes of the survey
Ind delineated on the township plat with
he boundaries and area of the tract as a
eparate, legal subdivision. The deputy
urveyor shall return with his survey the
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
i'm of such possession.
Upon receipt OF such survey and proofs,
)fice shall cause careful investigation to be
made in such manner as he shall deem neces- |
airy for the ascertainment of the truth in |
aspect of such claim and occupation, and if |
laimant comes within the provisions of this
ectfon, he shall cause patents to be issued
O the parties so found to be in possession |
or the tracts respectively claimed by them;
'rOpided, hOUeger, That no person shall be |
Untitled to confirmation of, or to patent for, |
more than one hundred and sixty acres in |
lis own right by virtue of this section And
rogtded FURTHER, 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 |
Which may fall within the provisions of sec.
ion i of this act.
SEC. II. That in the case of townships here |
ofore surveyed in the Territories of New |
Nevada and Wyoming, all persons |
Tho, or whose ancestors, grantors, or their |
awful successors in title of possession, be- |
anne citizens of the United States by reason |
f the treaty of Guadalupe Hidalgo, and who |
ave been in the actual, continuous. adverse |
possession and residence thereof of tracts |
ot to exceed one hundred and sixty acres |
ach, 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
nd of the Commissioner of the General |
and ONCE upon such investigation as is |
rovided for in section 10 of this act, to en-
er without payment of purchase money,
ees or commissions, such legal subdivisions,
OF exceeding one hundred and sixty acres,
s shall include their said possession; Pro-
ided. however, That no person shall be en-
tiled to enter more than one such tracts, in
is own right, under the provisions of this
ection.
SEC. IS. That all claims arising under
lther of the two next preceding sections of
mis- 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 + cases provided for in said two
ext prece ing sections shall not be consid-
-ad a cd hxyf hac yfr tod ~ |