Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-27

| States In preserving order, compelling tn
| production of books papers and documents
| the attendance OF witnesses and in unish
| ing contempts.
SEC. 10. That all the foregoing proceed
| ings and rights shall be conducted and de
cided subject to the following provisions a
| well as to the other provisions of this act
| namely:
FTst-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
thor1ty to make grants of land ana 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 law
full right to make perfect had the ter ritor,
not been acquired by the United States, an'
| the United States are bound upon th
principles of the public law, or by the pro
visions of the treaty of CessiOn, to respec
| ana permit to become complete and pertec
| II the same was not at said date dlredd.
| complete and perfect
| Second-No claim shall be allowed tina
shall interfere with or overthrow any jus
and unextingutshed Indian title or right t
any land or place.
any claims shall confer any right or title tC
any gold, silver, or quicksilver mines OF
minerals of the same, unless the gran
claim effected the donation or sale of suCf
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 nc
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.
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 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.
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
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.
SeUenth-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 origi-
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
Etghh-No concession, grant or other
authority to acquire land made upon any
condition or requirements, either anteCcd-
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 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
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
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. 5. 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
bra n RI pt atipD n al snN larc
therein, and for other purposes" and all
acts amendatory or in extension thereof, or
thereto, and all acts or parts
If acts inconsistent with the provisions of |
his act are hereby repealed.
SEC. 49, That in township surveys here
after to be made in the Territories of New
Mexico, Arizona and Utah, and in the States
If Colorado, Nevada and Wyoming, if it shall
he deputy surveyor making such survey
hat any person has, through himself,
us ancestors, ,grantors, or their, lawful
he continuous, adverse, actual, bona lde
possession, residing thereon as his home,
# any tracts of land, of or in connection
herewith of other lands altogether not eX-
eeding one hundred and sixty acres, in such
ownships for twenty years next preceding
he time of making such survey, the deputy
uryeyor shall recognize and establish the
ivision of adjoining land in accordance {
herewith. Such possession shall be accu. I
ately defined in the field notes of the survey
nd .delineated on the township plat with
eparate, legal subdivision. The deputy {
urveyor shall return with his survey the ,
anne or names of all persons so found to be
possession, with a proper description of
he tract In the possession of each, as shown +
y the survey, and the proof furnished to
i'm OF such possession.
Upon receipt OF such survey and proofs, |
ne Commissioner of the General Land I
hpOa h all nj INV h.
lade in such manner as he shall deem neCes-
airy for the ascertainment of the truth in |
aspect of such claim and occupation, and if c
atistied upon such investigation that the I
laimant comes within the provisions of this I
ectton, he shall cause patents to be issued |
} the parties so found to be in possession {
)r the tracts respectively claimed by them r
rovtded, howsSer, That no person shall be !
ntitled to confirmation of, or to patent for, !
lore than one hundred and sixty acres in
Is own right by virtue of this section; And r
r0Utded further, That this section shall not
pply to any city lot, town lot village lot s
irm lot, or pasture lot held under a grant Z
-om any corporation or town. the claim to n
hich may fall within the provisions of sec. !,
on l of this act L
SEC. IT, That in the case of townships here 4
fore surveyed in the Territories of New h
exico Arizona and Utah. and the States of y
dorado, Nevada and Wyoming, all persons 9
no, or whose ancestors, grantors or their a
Lwful successors in title of possession, be. +,
ime citizens of the United States by reason :
the treaty of Guadalupe Hidalgo, and who r
ave been in the actual, continuous, adverse c
and residence thereof of tracts q
ot to exceed one hundred and sixty acres :.
ach, for twenty years next preceding such '
lrvey, shall be entitled, upon making proof
such fact to the satisfaction of the regis. h
r and receiver of the proper land district "
I'd of the Commissioner of the General b
and once upon such investigation as Is d
-ovided for in section 16 of this act, to en- u
r without payment of purchase money, =
es or commissions such legal subdivisions b
1t exceeding one hundred and sixty acres, Fl
shall include their said possession; Pro- G.
aed. however, That no person shall be en- a,
tied to enter more than one such tracts in
s own right under the provisions of this n
ction. Fl
SEC. IS. That all claims arising under i
Their of the two next preceding sections of
is act shall be filed with Surveyor-Gen- Ii
al of the proper State or Territory within n
70 years next after the passage of this act :,
i'd no claim not so filed shall be valid. And II
e class of cases provided for in said two p
xt preceding sections shall not be consid. n
ed adjudicated by the court ere ted by this -