Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-24

taxing testimony, OlQeTWlSc 10 ued
and dispose of interlocutory motions no
affecting the substantial merits of a case
And said court shall have and possess a.
the powers of Circuit Court of the Unite
States in preserving order, compelling tn
production of books, papers and documents
the attendance of witnesses and in pu nish
ing contemptS.
SEC. 10. That all the foregoing proceed
ings and rights shall be conducted and de
cided subject to the following provisions a
we'll as to the other provisions of this &C,
namely:
Birst-No claim shall be allowed that shall
not appear to be upon title lawfully an
regularly derived from the Government o
Spain or Mexico, nor from any of the State
of the Republic of Mexico having lawful al
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 Unite
States, the claimant would have had a law
full right to make perfect had the ter ritor
not been acquired by the United States, AM
the United States are bound, upon tn
principles of the public law, or by the pro
and permit to become complete and perfec
If the same was not at said date alread
complete and perfect.
Second-No claim shall be allowed tina
and unextinguished Indian title or right t.
any land or place.
7hird-No allowance or confirmation o
any claims shall confer any right or title t
any gold, silver, or quicksilver mines O.
minerals of the same, unless the gran
claim effected the donation or sale of sucl
mines or minerals to the grantee, unles
such grantee has become otherwise entitled
thereto in law or in equity: but all sucl
mines and minerals shall remain the prop
erty of the United States, with the right o
working the same, which fact shall be statet
In all patents Issued under this act. But NJ
such mine shall be worked on any propert.
confirmed under this act without the consen
pf hap IF pch " II nj til Snnrt IL,
authorized thereto by an act of Congress
hereafter passed.
FQurth-No claim shall be allowed for AM
land, the. right to which has hitherto
been lawfully acted upon and decided BY
Congress, or under its authority.
FVth-No proceeding, decree, or act undel
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 ant
acts herein provided for shall be conclusive
of all rights as between the United States
and all persons, claiming any interest OIL
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 tc
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 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 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.
Eighth-No concession, grant, or other
to acquire land made upon any
condition or requirements, either auteced-
ent or subsequent, shall be admitted or con.
tirmed 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.
SEC. IA. That If in any case 1t snail appe ar
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
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 80 sold or
granted, such court shall render Judgment
In favor ofsuch claimant, ag ainst the United
States, for the reasonable value of said land
so sold or granted, exclusive OF bettermegts,
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
i Spanish or Mexican grant. For the pur-
pose of ascertaining the value and amount
IF 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
,ress approved July 22nd, 1854, entitled
AN act to establish the office OF Surveyors
General of New Mexico, Kansas and a., Ne,
HEREIN 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. 16. 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 1t shall
oe made to appear to the satisfaction Eia OF
hat any person has, through himself,
lis ancestors .grantors, or their lawful
In title or possession, been in
he continuous, adverse, actual, bona tide
If any tracts of land, OF or In connection
herewith of other lands altogether not ex-
,eeding one hundred and sixty acres, in such
ownshlps for twenty years next preceding
he time of making such survey, the deputy
surveyor shall recognize and establish the
ines of such possession and make the sub
division of adjoining land In accordance
herewith. Such possession shall be accu-
ind delineated on the township plat, with
he boundaries and area of the tract as a
separate, legal subdivision. The deputy
shall return with his survey the
lame or names Of all persons so found to be
n possession. with proper description OF
he tract In the possession Of each, as shown
~ the survey, and the proof furnished to
lin of such possession.
Upon receipt OF such sui-ey and proofs,
5face shall cause careful Investigation to be
made in such manner as he shall deem neces-
ary for the ascertainment OF the truth In
aspect of such claim and occupation, and If
atistied upon such inyestigation that the
lection, he shall cause patents to be issued
o the parties so found to be in possession
or the tracts respectively claimed by them;
hopevsr, That no person shall be
more than one hundred and sixty acres in
lis own right by virtue of this section; And
,r0Oided FURTHER, That this section shall not
lpply to any city lot, town lot, village lot,
al III lOl, OF pasture lOL uclu uuuCI d u duI
rom any corporation or town, the claim to
which may fall within the provisions of sec.
ion IL of this act.
SEC II. That in the case Of townships here
ofore surveyed in the Territories of New
Mexico Arizona and Utah. and the States of
Jolora ado, Nevada and Wyoming, all persons
who, or whose ancestors, grantors, or their
awful successors in title of possession, be-
:ame citizens of the United States by reason
If the treaty of Guadalupe Hidalgo, and who
lave been In the actual, continuous. adverse
and residence thereof of tracts
lot to exceed one hundred and sixty acres
urvey, shall be entitled, upon making proof
er and receiver of the proper land district
md Of the Commissioner of the General
provided for in section 16 of this act, to en-.
er without payment Of purchase money,
ees or commissions, such legal subdivisions,
lot exceeding one hundred and sixty acres,
Is shall include their said possession; Pro.
ided, hoyeUer, That no person shall be en-
tiled to enter more than one such tracts, in
lis own right, under the provisions of this
lection.
SEC. 1s. That all claims. arising under