Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-03

States in preserving order, compelling the
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 as
we'll as to the other provisions Of this act,
namely:
FNst-No claim shall be allowed that shall
not appear to be upon title lawfully and
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 that
If not then complete and perfect at the date
!, of acquisition of the territory by the United
States, the claimant would have had law
full right to make perfect had the ter ritory
not been acquired by the United States, and
the United States are bound, upon the
principles of the public law, or by the pro
visions of the treaty of Cesson, to respect
and permit to become complete and perfect
If the same was not at said date already
complete and perfect,
SeGoad-No claim shall be allowed that
shall interfere with or overthrow any Just
and uneXtinguished Indian title or right to
any land or place.
Ihird-No allowance or confirmation of
any claims shall confer any right or title to
any gold, silver, or quicksilver mines or
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 such
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 no
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.
Fou1th-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.
No 1N-n liTfT D~tI uipp
| this act shall 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.
SiHh-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 a 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.
| Segenth-NO confirmation in respect of any
| claims or lands, mentioned in section g 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 quantity than was author
lied by the respective laws of Spain or Mex
| leo applicable to the claim.
Etghtb-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-
tirmcd 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 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 |
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 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 he 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
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 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
~ n m n Vt |
supplementary thereto, and all acts or parts
of acts inconsistent with the provisions of
this act are hereby repealed.
SEC. 16. 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
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 |
possession, 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
surveyor 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 !
separate, legal subdivision, The deputy {
surveyor shall return with his survey the r
name or names of all persons so found to be
IN possession, with proper description of
the tract in the possession of each as shown {
by the survey, and the proof furnished to
him of such possession. :
Upon receipt of such survey and proofs,
the Commissioner of the General Land I
ONCE shall cause careful investigation to be :
made in such manner as he shall deem neCes- !
sary for the ascertainment of the truth in
respect of such claim and occupation, and if {
satisfied upon such investig alton that the I
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; r
PrOyiaed, h0Weger, That no person shall be i
entitled to confirmation of, or to patent for, !
more than one hundred and sixty acres in I
his own right by virtue of this section; and c
pr0Utded tUi7her That this section shall not r
apply to any city lot, town lot, village lot, e
farm lot, or pasture lot held under a grant |
from any corporation or town. the claim to c
which may fall within the provisions of sec |
ton of this act,
SEC. H. That in the case of townships here 8
tofore surveyed in the Territories of New
Mexico, Arizona and Utah. and the States of 4
Nevada and Wyoming, all persons "
who, or whose ancestors grantors. or their a
lawful successors in title of possession, be- L
came citizens of the United States by reason p
Of the treaty of Guadalupe HidalgO, and who !
have been in the actual, continuous. adverse c
possession and residence thereof of tracts q
not to exceed one hundred and sixty acres y
each, for twenty years next preceding such '
survey, shall be entitled, upon making proof I
Of such fact to the satisfaction of the regis t.
ter and receiver of the proper land district g
and of the Commissioner of the General
Land once upon such investigation as is Q
provided for in section 10 of this act, to en-.
Ter without payment of purchase money, G
fees or commissions, such legal su bdivisions, =
not exceeding one hundred and sixty acres, i
as shall include their said possession; Pro. C
)ided, hOlGeUer, That no person shall be en- 4,
titled to enter more than one such tracts, in
his own right, under the provisions of this n
section. Il
SEC. 1S. That all claims arising under
either of the two next preceding sections of :,
his act shall be filed with Surveyor-Gen- II
,ral of the proper State or Territory within d
wo years next after the passage of this act, n
Ind no claim not so filed shall be valid And u
he class of cases provided for in said two p
lext preceding sections shall not be consd- o
red adiudicated by the court created by this ',