Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-01

TJUWtI6 u
States in preserving order, compelling the
production of books, papers and doCNMTn. S
the attendance OF witnesses ana III PUNISH
ing contempts.
SEC 10 That all the foregoing proceed
tngs and rights shall be conducted and de
Cided subject to the following provisions l'
well as to the other provisions OF this act
namely:
Fu8t-No claim shall be allowed that shall
not appear to be upon a 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 all
thOrity to make grants of land, ana one Una
If not then complete and perfect at the dtlt
of acquisition of the territory by the UnitGC
States the claimant would have had law
full right to make perfect had the tGrfltuf1
not been acquired by the United States, am
the United States are bound. upon tht
principles of the public law, or by the pro
visions of the treaty of CCsSiOn, to rcSpcC
and permit to become complete ana pcfleC
If the same was not at SAID date dlftdul
complete and perfect.
.Sef0nd-No claim shall be allowed tina
shall interfere with or overthrow any Jus
and uneXtinguished Indian title or right ''
any land or place.
Ihrd-No allowance or confirmation o
any claims shall confer any right or title L
any gold silver, or quicksilver mines 81
minerals of the same, unless the gran
claim effected the donation or sale OF Suci
mines or minerals to the grantee, unlrs
5uCH III dlltc las DCIOlllC " III " 80 49,
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 TACT shall be Stale'
in all patents issued under this act. But NJ
such mine shall be worked on any property
confirmed under this act without the ConSCII
of the owner of such property until spHClalIl
authorized thereto by an act OF congress
hereafter passed.
f0uFth-No claim shall pc allowed ioL any
land the right to which has hitherto
been lawfully acted upon ana deClucu D.
Congress- or under It's authority.
FVm-No proceeding, CcCrce ot act ullutl
this act shall conclude or Affect tine PrlNdL'
rights OF persons as between edCh other' al
of which rights snail be reserved ana S4Ne'
to the same effect as II this act nad not oeei
passed; put the proCeeulhSH' uctIco9. an,
acts herein provided Tor sndIl ne coIlCluStN '
OF all rights as between the Ohiteu STAT,
and all persons claiming any interest ol
right in such lands.
S'nh-No confirmation or deCreG CollCCti Il
Ing any claim under TINS act Shall III any
manner operate or have effect against lh'
United states otherwise than as a release
by the United States OF It's right ana tltIe u
the land confirmed, nor Shdll II opeI dte l.
make the United States IN any Hdliltl
liable In respect OF any sucn grants, CltI,l5
or lands or their disposition, otherwise lhdL
as Is In this act provided r-
Se0enh-No confirmation IN respect OF any
claims or lands, mentioned IN Serlol o.
this act or in respect OF any Cldlul or tilIt
that Is not complete ana perfect az inc lllnt
of the transfer of sovereignty TO thG GhlleC
States as referred TO IN lhlS dCt, ShdlI Ill an )
case be MADE or patent lS9uc, lol EledIct
quantity than eleven square leagues Oh ldHo
to or IN the right OF any one original grantee
or claimant, or in the right OF any one orlg1
nal grant, to two or more persons JolRly
nor for a greater quantity imam was dut ~ Or
ized by the respective laws oI SPAN VI HcA
Eighth-No concession, grant, or other
authority to acquire land made upon any
condition or requirements either dhltCru
ent or subsequent, Shall he ADMITTED or con
hrmed unless 1t sha!l appear that every SuGL
within the time and IN the manner stated III
any such concession, grant, or DINER dulhor
ity to acquire land
SEC, IA. That II In any case IL SIall appear
that the land, or any part thereof dcCfGcd
to any claimant under the provisions OF thls
act shall have been sold or granted ny the
United States to any other person such tlllt
from the United states 10 StEh othGL pelnot
shall remain Valld, noLWilhslduuiHS SuCu
decree, and upon PROOF Dtlng mdue 10 Ine
satisfaction of such court OF such saIS or
grant and the value OF Ihe lana SO Soiu OK
granted, suCh court snail render JUG mehi
in favor of such claimant, against the united
States, for the reasonable value OF sa1d ldhd
so sold or granted, exclusive OF betternents
not exceeding one dollar ana tWelity-hNe
cents per acre tor suCh iahds' anu sucIl
judgment when found slall oe charge on
the treasury OF the United StdttS' Llthet
party deem1ng himself aggfleNeu ny SuCh
judgment, may appeal IN the same manner as
provided herein in cases or confirmation OF
a Spanish or Mexican grant FOR the puf-
pose OF ascertaln1ng the value ana amount
of such land, surveys may be ordered ny the
court, and proof taken before the court, or
by commissioner appointed for that pur'
pose by the court.
r.
SEC. Is. That section of the act OF con
gress approved July 22nd, 1894, entitled
IAN act to estabilsh the once OF surveyors
General of New Mexico, Kansas ana Ne
braska, to grant donation to actual settlers
therein, and Tor other purposes, ana an
acts amendatOry or IN extension thereof, or
supplementary thereto, and all acts or pdft5
of acts inconsistent with the provisions OF
this act are hereby repeated.
SEC. 10. 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 Wyom1ng: II 1t snail
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, BONA hde
possession, residing thereon as ms nome,
of any tracts of land, of or in connection
Herewith OF other lands altogether not e&-
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
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 a
separate, legal subdivision; The deputy
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 ana 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 If
satisfied upon such investigation that the
comes within the provisions OF this
section, he shall cause, patents to be issued
to the parties so tound 70 De III possession
for the tracts respectively claimed by themi
Provided, hoUeUer, That no person snail be
entitled to confirmation of, or to patent for,
more than one hundred and sixty acres in
his own right by virtue of this section; and
pr0yided 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