Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-22

States in preserving order, competing the
production of books, papers and documents,
the attendance of witnesses and i'll punish
ing Contempts.
SEC. 10 That all the foregoing proceed
ings and rights shall be conducted ana dc,
cided subject to the following provisions as
well as to the other provisions of this act,
namely:
F{rsf-No claim shall be allowed that shall
not appear to be upon title lawfully ana
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 mad the ter fltoFy
not been acquired blythe 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, 10 respect
and permit to become complete ana perIeCt
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.
1hld-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; put all such
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.
| 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
| Fgth-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. ana
| 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,
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 a release
| by the United States of its right and title 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
SeUenth-No confirmation In respect OF any
| claims or lands, mentioned in section y 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 tor 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.
| EiQhth-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 it shall 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 OF
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 ana twe wen snCe
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 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
SEC 15 That section Of the act of Con,
gress approved July 22nd, 1854, entitled
| San 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. 16. That in township surveys mere
after to be made in the Territories of New
Mexico, Arizona and Utah, and in the States
of Colorado, Nevada and Wyoming, II 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
the continuous, adverse, actual pona nue
| 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
| rately defined in the field notes of the survey
and delineated on the township plat with
| the boundaries and area of the tract as
separate, legal subdivision. The deputy
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
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
| ONCE shall cause careful investigation to be
AZ N IA he al
sary for the entertainment OF the truth in
respect of such claim and occupation, and IT
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;
| Provided, h0DeUer, That no person snail be
| entitled to confirmation Of or to patent Tor,
more than one hundred and sixty acres In
| his own right by virtue of this section; And
prouided further, That this section shall not
| 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 to
which may fall within the provisions OF sec
| ton / i of this act
SEC, II 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 Genera al
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,
not exceeding one hundred and sixty acres,
yided, hoaUeyer, That no person shall be en-
| titled to enter more than one such tracts, in
his own right, under the provisions of this
| section.
SEC. IS. That all claims arising under
| either of the two next preceding sections of
| this act shall be filed with Surveyor.Gen-
| two years next after the passage of this act
and no claim not so filed shall be valid. And
the class of cases provided for In said two
| next preceding sections shall not be consid
| AIRED al iudfrafed nv the court created by this