Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-26
hereby authorized in all cases arising under


production of books, papers and documents
the attendance of witnesses and In PUNISH
ing contempts.
ings and rights shall be conducted and de-
cided bject to the following provisions as
well as to the other provisions OF this act,
namely: :,
First-No claim shall be allowed that shall
not appear to be upon a 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, and 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 cession, to resPect
and permit to become complete and perfect
If the same was not at said date already
complete and perfect
Second-No claim shall be allowed that
shall interfere with or overthrow any just
and unextinguished Indian title or right to
any land or place. r.
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
working the same, which fact shall be stated
in all patents issued under this act But no
such mine shall be worked on any properly
confirmed under this act without the consent
of the owner of such property until SpeCldlly
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.
! FJth-No proceeding, decree. or act nnoea
! this act shah conclude or affect the prlvale;
rights of persons as between each other az
of which rights shall be reserved and saved
to the same effect as If this act had not been
passed. but the proceedings, DEGREES. ana
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
manner operate or have effect against the
United States otherwise than as release
by the United States OF Its right ana tltle 10
the land confirmed, nor shall 1t 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.
Seoenth-No confirmation in respect of any
claims or lands, mentioned In section Q OF
this act or in respect OF any claim or ute
that is not complete and perfect az the tilne
! States as referred to in this act. shall In any
case be made or patent issued for greater
! quantity than eleven square leagues OF lana
to or the right q any Of an1 ors
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.
EiGhfh-No concession, grant, or other
authority to acquire land made upon any
condition or requirements, either anteced-
hrmed 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
SEC. IA. That if in any case 1t snail appear
that the land, or any part Thereon, .decreeo
to any claimant under the provisions or TINS
act shall have been sold or granted by ne
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 mage 10. 70 Inc ne
i grant, and the value OF the land so sold OF
granted, such court shall render Judgment
In favor of such claimant, ag ainst 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 DC charge on
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 ascertatning the value ana 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
SEQ. IL. That section 8 of the act of Con
gress approved July 22nd, lso4, entltleo
Fan act to establish the ONCE 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
suppIementary thereto, and all acts or parts
of acts inconsistent with the provisions OF
this act are hereby repealed
SEC. 16. That In township surveys mere ere
Mexico, Arizona and Utah, and In the states
of Colorado, Nevada and Wyoming, II Il snail
be made to appear to the satisfaction OF
that any person has, through himself;
his ancestors, grantors or their. lawful
successors sue in tile or possession, been in
the continuous, adverse, actual bGna noe
of any tracts of land, OF or In connection
herewith of other lands altogether not ex-
ceeding one hundred and sixty acres, IN sucn
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
of sS1S sRa SHAH be-
rately defined in the field notes OF the survey
and delineated on the township plat, with
the boundaries and area OF the NJ, tract az
c,
surveyor shall return with his survey the
name or names of all persons SO found to DC
in possession with proper description OF
by the survey, and the proof furnished to
him of such possession.
Upon receipt OF such surrey and proofs
the Commissioner of the General Land
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 II
~ Av,-y frrnf foYH n n q
Claimant comes within the provisions Of this
section, he shall cause patents to be Issued
.. for the tracts respectively claimed by them
, Propided hoWeUer, That no person shall be
, entitled to confirmation of, or to patent for
! more than one hundred and sixty acres II
his own right by virtue of this section; And
: propided further That this section shall moi
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 tt
! which may fall within the provisions OF sec
: SEC. IL. That in the case of townships here
. tofore surveyed in the Territories OF New
Mexico. Arizona and Utah. and the states o.
Colorado, Nevada and wyoming, all persons
I who, or whose ancestors, grantors, or theil
q lawful successors in title OF possession, be
? came citizens of the United States by reason
, of the treaty of Guadalupe Hidalgo, ana wht
a have been In the actual, continuous. adverse
a possession and residence thereof OF tracts
E not to exceed one hundred and sixty acre,
4 each, for twenty years next preceedlng sucl
I survey, shall be entitled, upon making proc
of such fact to the satisfaction of the regis
: ter and receiver of the proper land distrtc
!, and of the Commissioner of the Genera
y Land once upon such investigation as i
! provided for in section 16 of this act to en-
: ter without payment of purchase money
n fees or commissions. such legal subdivisions
n not exceeding one hundred and sixty acres
= as shall include their said possession; Pro
!. Vided. hoDeusr, That no person shall be en-
= titled to enter more than one such tracts, Il
! his own right, under the provisions of tht
: section.
!, SEC is. That all claims. arising undo
! thfs act shall be filed with Surveyor-Gen
Z eral of the proper State or Territory within
= two years next after the passage of this ACT
= and no claim not so filed shall be valid. AM
the class of cases provided for In said tw
). next preceding sections shall not be consid
= cred adjudicated by the court created by tht
c act, and no tract of such land shall be sut
: feet to entry under the land laws OF tn
4 United States.