Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-25

n | taxing testimony, ana OtnerWlSe to hea
+ and dispose of interlocutory motions no
: affecting the substantial merits of a case
a And said court shall have and possess al
: the powers Of Circuit Court of the Unite
r states in preserving order, compelling tn
! 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
. C1ded subject to the following provisions a
well as to the other provisions of this act
namely:
, FrSt-No claim shall be allowed that shall
not appear to be upon title lawfully ant
a 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 United
States, the claimant would have had a law
tui right t make perfect had the TERRITORY
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
II the same was not at said date already
/. complete and perfect.
Sec0nd-No claim shall be allowed thai
shall interfere with or overthrow any just
and uneXttnguished Indian title or right tt
any land or place
Thrd-No allowance or confirmation OF
any claims shall confer any right or title tc
any gold, silver, or quicksilver mines OF
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
1p 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.
F0urth-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.
| FUM-No proceeding, decree, or act under
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.
| SGcth-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 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
Se0enth-No confirmation in respect of any
claims or lands mentioned in section 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 origt-
nal grant, to two or more persons jointly,
nor for greater quantity than was author
lied by the respective laws of Spain or Mex.
Etghth-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.
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
ity to acquire land.
SEC. IA. 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 snail nave 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 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
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 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
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, II 1t 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
the continuous, adverse, actual, bona Ade
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
the boundaries and area OF the tract as
surveyor shall return with his survey the
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
ba nTOOf furnished |
him of such possession.
Upon receipt OF such survey and proofs,
the Commissioner of the General Land
ONCE shall cause careful investigation to be
made in such manner as he shall deem neees-
sary for the ascertainment of the truth in
respect of such claim and occupation, and If
satisfied upon such investigation that the
claimant 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;
entitled to confirmation of, or to patent for,
more than one hundred and sixty acres In
his own right by virtue of this section;, And
provided further, That this section shall not
farm lot, or pasture lot held under a grant
from any corporation or town, the claim to
which may fall within the provisions of sec
ton l of this act.
SEC n. That in the case of townships here
tofore surveyed in the Territories of New
Mexico. Arizona and Utah. and the States of
Colorado, Nevada and Wyoming, all persons
who or whose ancestors, grantors or their
lawful successors in title of possession, be-
came citizens of the United States by reason
of the treaty of Guadalupe Hidalgo, and who
have been In the actual, continuous. adverse
possession and residence thereof of tracts
not to exceed one hundred and sixty acres
each, for twenty years next proceeding such
survey, shall be entitled, upon making proof
of such fact to the satisfaction of the regis.
ter and receiver of the proper land district
and of the Commissioner of the General
Land ONCE upon such investigation as is |
provided for in section 10 of this act, to en-
ter without payment of purchase money,
fees or commissions such legal subdivisions,
as shall include their said possessiOn Pro
vided, ho,Oe0er That no person shall be en-
titled to enter more than one such tracts, in |
his own right, under the provisions of this
section.
SEQ. l8. That all claims arising under |
-<,f+ = I, aut IS