Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-12
.rehY authorized In all cases arising under

and dispose of interlocutory motions no
affecting the substantial merits of case
And said court shall have and possess al
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 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:
BirsINo claim shall be allowed that shall
not appear to be upon title lawfully ant
regularly derived from the Government o
Spain or Mexico, nor from any of the State
of the Republic of Mexico having lawful au
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 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
visions of the treaty of cession, to respec
and permit to become complete and perfec
If the same was not at said date alread.
complete and perfect.
Sec0nd-No claim shall be allowed tina
shall interfere with or overthrow any JUS
and unextinguished Indian title or right t.
any land or place.
1hTd-No allowance or confirmation o
any claims shall confer any right or title tt
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 STATED
In all patents issued under this act. But M
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 ior any
land, the right to which has hitherto
been lawfully acted upon and decided by
Congress. or under its authority.
FJth-No proceeding, decree, or act under
this act shall 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 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 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 the
by the United States of its right and title te
the land confirmed nor shall 1t operate te
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.
lSe0enth-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.
Ejghth-No concession, grant, or other
to acquire land made upon any
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 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
of such court OF such sale or
grant, and the value of the land so sold or
granted, such court shall render Judgment
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. may appeal in the same manner as
provided herein In cases or confirmation OF
Spanish or Mexican grant. For the pur-
pose of ascertaining the value and amount
if such land, surveys may be ordered by the
;ourt, and proof taken before the court or
)y commissioner appointed for that pur.
bose by the court.
SEC. is. That section 8 of the act of Con
yress approved July 22nd, 1854, entitled
An act to establish the ONCE of Surveyors
General of New Mexico, Kansas and Ne
1raska to grant donation to actual settlers
herein, and for other purposes and al
lets 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
,fter to be made in the Territories of New
Mexico, Arizona and Utah. and in the States
If Colorado, Nevada and wyoming, If It shall
)e made to appear to the satisfaction of
he deputy surveyor making such survey
hat any person has, through himself,
lis ancestors, grantors, or their lawful
in title or possession, been in
he continuous, adverse, actual, bona fde
residing thereon as his home,
# any tracts of land, of or in connection
herewith of other lands altogether not ex-
eeding one hundred and sixty acres, in such
ownships for twenty years next preceding
he time of making such survey, the deputy
urveyor shall recognize and establish the
ines of such possession and make the sub
Iivision of adjoining land in accordance
herewith. Such possession shall be accu-
ately defined in the field notes of the survey
md delineated on the township plat, with
he boundaries and area of the tract as
eparate, legal subdivision; The deputy
urveyor shall return with his survey the
lame or names of all persons 80 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
i'm of such possession.
Upon receipt OF such SUI -ey and proofs,
he Commissioner Of the General Land
)fice shall cause careful investigation to be
made in such manner as he shall deem neces-
airy for the ascertainment of the truth in
aspect of such claim and occupation, and If
laimant comes within the provisions OF this
ection, he shall cause patents to be issued
o the parties so found to be In possession
or the tracts respectively claimed by them;
ntitled to confirmation of, or to patent for,
nore than one hundred and sixty acres in
is own right by virtue of this seCtion; And
rovided further, That this section shall not
pply TO any CITY lou, IOWH lou, village IOt,
arm lot, or pasture lot held under grant
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
1exico. Arizona and Utah. and the States of
colorado Nevada and Wyoming, all persons
Who, or whose ancestors, grantors, or their
awful successors in title of possession, be-
anne citizens of the United States by reason
f the treaty of Guadalupe Hidalgo, and who
ave been in the actual, continuous adverse
ossession and residence thereof of tracts
ot to exceed one hundred and sixty acres
ach, for twenty years next preceding such
urvey shall be entitled, upon making proof
f such fact to the satisfaction of the regis
err and receiver of the proper land district
nd Of the Commissioner of the General
,and ONCE upon such investigation as is
rovided for in section 10 of this act, to en-
er without payment of purchase money,
ees or commissions. such legal subdivisions,
OF exceeding one hundred and sixty acres,
s shall include their said possession; Pro
ided hoeOeDer, That no person shall be en-
tiled to enter more than one such tracts in
is own right, under the provisions of this
ection.
SEQ. 10. That all claims arising under
ither of the two next preceding sections of
his act shall be filed with Surveyor-Gen-
raj of the proper State or Territory within