Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-28

and dispose of interlocutory motions moi
affecting the substantial merits of case
And said court shall have and possess all
the powers of Circuit Court of the United
States In preserving order, compelling the
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
cided subject to the following provisions as
well as to the other provisions of this act
namely:
I BIsENo claim shall be allowed that shall
not appear to be upon 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
states, the claimant would have had law.
full right to make perfect had the ter rttory
not been acquired by the United States, and
the United States are bound, upon the
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. In
| IhId-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
| 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.
Fourth-No claim shall be allowed for any
land, the right to which has hitherto ito
| 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. 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 1t operate to
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 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
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.
Eighth-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-
firmed unless 1t shall appear that every such
within the time and in the manner stated in
any such concession, grant, or other anthor-
ity to acquire land.
SEC. ID. 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
satisfaction of such court of such sale or
grant, and the value of the land 80 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 the M same
Spanish or Mexican grant. For the pur-
pose of ascertainipg 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
TIL Ond anti 1nd
IAN act to establish the ONCE of Surveyors
General of New Mexico, Kansas and Me-
braska. to grant donation to actual settlers
therein, and for other purposes" and all
acts amendatory or in extension thereof, or
snnnlementary thereto, and ali acts or parts
of acts Inconsistent with the provisions of
this act are hereby repealed.
SEC i6 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 |
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 |
possession, residing thereon as his home, |
Of any tracts of land, Of or in connection |
Herewith of other lands altogether not ex- |
ceedira one hundred and sixt1 acres in such
townshins for twenty years next preceding |
the time Of m akinp uch survey the DEPUTY
surveyor shall recognize and establish tho |
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
senarate. legal subdivision. The deputy |
surveyor shall return with his survey the |
name or names of all persons so found to be |
in nossession. with proper description Of |
the tract in the possession of each, as shown |
by the survey. and the proof furnished to |
him NJ snch nossession.
IInon receint Of snch su,-ev and proofs |
the Commissioned of the General Land |
once shall cause careful investigation to be |
made in such manner as he sh ali deem neces- |
sarv for the ascertainment OF the truth in |
resnect of such claim and Occupation, and if |
satisfied mon such fnyestigation that the |
Claimant comes within the Provisions of this |
section he an Ali cause natents TO be issued |
TO me nart,es 40 found to be in possession
for TIE tracts resnectivelv claimed nv them:
IL Wy - dSto ~ u II -