Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-20
hereby authorized in all cases arising under

SAID r0nTt Il
the powers of a 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 COntemuts
SEC. il that all the foregoing proceed
ings and RIGHTS shall he conducted aud de
Cided subject TO the following provisions ~
well as to the other provisions of this act
namely.
Firsf-No claim shall be allowed that shall
not annear 10 he un1n n little lawfully aut
regnIarIv derived from the Government o
Sn3in or Mexico nor from any of the state
OF the ReDubiic of Mexico having lawful au
th0rity 10 make grants of land ana one tina
If not then complete and perfect at the dat,
of ACQUISITION Of the territory by the Unitcl
States, the claimant would have had a Law
full right to make perfect had the tcrritor,
not been acquired Inv the United states aul
the United States are bound, upon tn,
principles of the public, law. or by the pro
Visions of the treaty of ccssion, to rcspec
and permit to become complete and DcrfCc
If the same was not at said date alrcad'
complete and perfect.
SeG0nd-No claim shall be allowed tina
shall interfere with or overthrow any jus
and unextinguishcd Indian title or right t.
any land or 6Iace
Third-No allowance or confirmation o
anv claims shall confer anv 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 SuCf
mines or minerals to the grantee. unlcs
such grantee has become otherwise entitled
thereto in law or in equity. but all sucl
mines and minerals shall remain the prop
ertv of the United States, with the right 0
working the same which fact Shall be statet
In all patents issued under this act. But nc
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
been lawfully acted upon and decided by
Congress- or under its authority.
FtJth-No proceeding, decree, or act under
this act shah conclude or affect the private
rights of persons as between each other, al
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.
Sjrth-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.
Seyenth-No confirmation in respect of anv
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 Orlgt-
nal grant, to two or more persons Jointly,
nor for greater quantity than was author
lied by the respective laws of Spain or Mex
EIqhih-No concession, grant or other
authority to acquire land made upon any
condition or requirements, either antcCcd.
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 1t 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 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 betternents,
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 aggricved by such
Judgment, NAV appeal in the same manner as
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 lay the
court and proof taken before the court, or
by commissioner appointed Tor that pur-
pose by the court.
SEC. Is. That section 8 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
braska, to grant donation to actual settlers
therein, and for other purposes" and all
acts amendatory or in extension thereof, or
supplementary thereto, and all acts or parts
of acts inconsistent with the provisions of
this act are hereby repealed.
SEC 10. 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
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
in title or possession, been in
the continuous, adverse, actual, bona hde
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
for twenty wears 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
and delineated on the township plat, with
he boundaries and area of the tract as a
separate, legal subdivision The deputy
surveyor shall return with his survey the
lame or names of all persons so found to he
n possession, with a 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 survey and proofs,
he Commissioner of the General Land
ONCE shall cause careful Investigation to be
made in such manner as he shalldeem neCcs-
,ary for the entertainment of the truth in
-espect of such claim and occupation, and if
upon such investigation that the
claimant comes within the provisions of this
section, he shall cause patents to be issued
% the parties SO found to be in possession
'or the tracts Respectively claimed by them;
hOweger, That no person shall be
entitled to confirmation Of or to patent for,
more than one hundred and sixty acres in
lis own right by virtue of this section: And
rOpided fuyther, That this section shall not
lnnlv TO any CITY LOT. town lot. village lot.