Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-29

and dispose of lnterlocutory motions moi
affecting the substantial merits OF case
Ard said court shall have and possess al
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 a:
well as to the other provisions OF this act
namely:
BTrst-No claim shall be allowed that shall
not appear to be upon title lawfully ant
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 ina
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 had the ter rltorI
not been acquired by the United States, ane
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 alreacJ
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.
1hHd-No allowance or confirmation O.
any claims shall confer any right or title t.
minerals of the same, unless the gran
claim effected the donation or sale OF sucf
mines or minerals to the grantee, unies:
such grantee has become otherwise entitled
thereto in law or in equity: but all sucf
mines and minerals shall remain the prop
erty of the United States, with the right O
working the same, which fact shall be stated
in all patents issued under this act. But ne
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
land the right to which has hitherto
Congress, or under its authority.
Fifth-No proceeding, decree, or act under
this act shall conclude or affect the private
rights of persons as between each other. al
TO the same effect as If this act had not beer
passed; but the proceedings. DEGREES. anc
acts herein provided for shall be conclusive
of all rights as between the United State:
and all persons claiming any interest OF
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 tht
United States otherwise than as release
by the United States of its right and title te
make the United States in any manner
liable In respect of any such grants, claims
or lands or their disposition, otherwise thar
as is in this act provided.
SeUenth-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 Unltec
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 lane
to or IN the right of any one original grantee
or claimant, or in the right of any one or1g1
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
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. IA. That If In any case It snail appear
that the land, or any part thereof decreet
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 OF
grant and the value of the land so sold OF
granted, such court shall render Judgment
In favor of such claimant ag a1nst the un1tec
States, for the reasonable value of said lanC
so sold or granted, exclusive of betterments
not exceeding one dollar and twenty-five
cents per acre for such lands; and sucf
Judgment when found shall be charge or
the treasury of the United States. Either
party deeming himself aggrieved by such
judgment, may appeal in the same manner a.
provided herein In cases of confirmation OF
a Spanish or Mexican grant. For the pur
pose of ascertaining the value and amour,
u Io Nvda rad NV h
court, and proof taken before the court, OF
by commissioner appointed for that pur
pose by the court.
SEC. IS. That section of the act of Con
gress approved July 22nd 1894, entitled
San act to esta blish 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 Thereon, OF
of acts inconsistent with the provisions OF
this 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 It shall
the deputy surveyor making such survey
that any person has, through himself
his ancestors, grantors, or their iawfn
successors in title or possession, been II
possession, 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
n nd oil tRd tnwnghfn
the boundaries and area of the tract as
separate, legal subdivision. The deputy
shall return with his survey the
name or names of all persons 80 found to be
the tract in the possession Of each, as shown
by the survey, and the proof furnished tC
him of such possession.
Upon receipt OF such surrey and proofs
the Commissioner Of the General Land
once shall cause careful investigation to be
made in such manner as he shall deem neces
sary for the ascertainment of the truth in
respect of such claim and occupation, and II
satisfied upon such investigation that the
claimant comes within the provisions of thi:
section, he shall cause patents to be issued
to the parties so found to be In possession
for the tracts respectively claimed by them
Prorided, hoa0euer, That no person shall be
entitled to confirmation of, or to patent for
his own right by virtue of this section; Ana
provided further, That this section shall not
apply to any city lot, town lot, village lot
farm lot, or pasture lot held under grant
from any corporation or town, the claim tc
which may fall within the provisions of sec
ton IL 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
Color ado, 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 preceding 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 IL
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
as shall include their said possession; Pro
Vided, h0aOeUer, 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. 49, That all claims arising under
either of the two next preceding sections oil