Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-05

the powers of Circuit Court of the Unitet
States In preserving order, compelling tn
production OF books, papers and documents
the attendance of witnesses and in pu nish
ing contemptS.
SEC. 49, That all the foregoing proceed
ings and rights shall be conducted and de
cfded subject to the following provisions a
well as to the other provisions of this act
namely:
Birst-No claim shall be allowed that shall
not appear to be upon title lawfully ant
regularly derived from the Government o
Spain or Mexico, nor from any of the State
of the Republic of Mexico having lawful au
thority to make grants of land, and 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 ter ritor.
not been acquired by the United States ant
the United States are bound. upon tn
principles of the public law, or by the pro
visions of the treaty of cession, to respec
and permit to become complete and perfec
If the same was not at said date alread,
complete and perfect.
Second-No claim shall be allowed tina
shall interfere with or overthrow any jus
and unextinguished Indian title or right tt
any land or place.
Ibird-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 sucl
mines or minerals to the grantee, unless
such grantee has become otherwise entitled
thereto in law or In equity but all sucl
mines and minerals shall remain the prop
erty of the United States, with the right o
working the same, which fact shall be statet
in all patents issued under this act. But NJ
such mine shall be worked on any property
confirmed under this act without the consen
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
been lawfully acted upon and decided by
Congress, or under its authority.
FVth-No proceeding decree, or act under
this act shall conclude or affect the private
rights of persons as between each other. al
of which rights shall be reserved and saved
to the same effect as If this act had not beer
passed; but the proceedings, DEGREES. anG
acts herein provided for shall be conclusive
of all rights as between the United States
and all persons claiming any interest OF
right in such lands.
SiTth-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 tc
the land confirmed nor shall 1t operate tc
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 8 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 uron any
condition or requirements, either anteced-
ent or subsequent, shall be admitted or con-
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
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
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, 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 be 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 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 8 of the act of Con
yress approved July 22nd, 1854, entitled
An 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
thereto, and all acts or parts
Of acts inconsistent with the provisions OF
his 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 1t shall
De made to appear to the satisfaction of
he deputy surveyor making such survey
hat any person has, through himself,
lis ancestors, .grantors, or their lawful
successors in title or possession, been In
he continuous, adverse, actual, bona fde
possession, residing thereon as his home,
If any tracts of land, OF or in connection
herewith of other lands altogether not ex-
feeding one hundred and sixty acres, In such
ownships for twenty years next preceding
he time of making such survey, the deputy
surveyor 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
Ind delineated on the township plat, with
he boundaries and area of the tract as a
separate, legal subdivision. The deputy
surveyor shall return with his survey the
lame or names of all persons SO found to be
n Y,Oecnecipn with a descrtntion n
he tract in the possession of each, as shown
~ the survey, and the proof furnished to
lin of such possession.
Upon receipt OF such surrey and proofs,
he Commissioner of the General Land
Office 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
comes within the provisions of this
ection, he shall cause patents to be issued
O the parties so found to be in possession
or the tracts respectively claimed by them;
howeger, 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
roUided further, That this section shall not
Lpply to any city lot, town lot, village lot,
arm lot, or pasture lot neia un ger grant
which may fall within the provisions of sec.
ion IL of this act.
SEC. II. That in the case of townships here,
ofore surveyed in the Territories of New
fexico, 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-
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
lot to exceed one hundred and sixty acres
ach, for twenty years next proceeding such
urvey, shall be entitled, upon making proof
f 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 16 of this act, to en-
er without payment of purchase money,
ees or commissions, such legal subdivisions,
ot exceeding one hundred and sixty acres,
8 shall include their said possession; Pro
ided h0oCeUer, 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. 10. That all claims arising under
ither of the two next preceding sections of
his act shall be filed with Surveyor.Gen-
raj of the proper State or Territory with |
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
ext preceding sections shall not be consid- |
red adjudicated by the court created by this |
~ nd No ave ~ oh lap Oh, IL,