Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-30

taking testimony, and otherwise to heal
and dispose of interlocutory motions moi
| affecting the substantial merits of case
| And said court shall have and possess al
| 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 ContemptS.
SEC. 10. That all the foregoing proceed
ings and rights shall be conducted and de
Cided subject to the following provisions as
well as to the other provisions of this act
namely:
BrSt-No claim shall be allowed that shall
not appear to be upon title lawfully and
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 that
If not then complete and perfect at the date
of acquisition of the territory by the United
States, the claimant would have had a law.
full right to make perfect had the ter ritory
not been acquired by the United States, and
the United States are bound, upon the
principles of the public law, or by the pro-
visions of the treaty of cession, to respect
and permit to become complete and perfect
II the same was not at said date already
complete and perfect.
Sec0nd-No claim shall be allowed that
shall interfere with or overthrow any just
and unextinguished Indian title or right to
any land or place
1hGd-No allowance or confirmation of
any claims shall confer any right or title to
any gold, silver, or quicksilver mines or
minerals OF the same, unless the grant
claim effected the donation or sale of such
mines or minerals to the grantee, unless
such grantee has become otherwise entitled
thereto in law or in equity; but all such
mines and minerals shall remain the prop
erty of the United States, with the right of
working the same which fact shall be stated
in all patents issued under this act. But no
such mine shall be worked on any property
confirmed under this act without the consent
of the owner of such property until specially
authorized thereto by an act of Congress
hereafter passed.
EOu1th-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
Fyth-No proceeding, decree, or act under
this act shall conclude or affect the private
rights of persons as between each other. all
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.
Siah-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 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.
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,
for a greater 1utitV than 1uthnr-
lied by the respective laws of Spain or Mex
leo applicable to the claim.
Eigbth-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-
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
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
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
a Spanish or Mexican grant. For the pur-
pose of ascertaining the value and amount
of such land surveys may be ordered by the
court, and proof taken before the court, or
by a commissioner appointed for that pur.
pose by the court.
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
acts amendatory or in extension thereof, or
thereto, and all acts or parts
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 1t shall
be made to appear to the satisfaction of
ne deputy surveyor making such survey
his ancestors, ,grantors, or their, lawful
successors In title or possession, been in
The continuous, adverse, actual, bona fde |
If any tracts of land, of or in connection
herewith of other lands altogether not ex-
seeding one hundred and sixty acres, in such |
-ownships for twenty years next preceding |
The 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- |
rately defined in the field notes OF the survey |
and delineated on the township plat with |
he boundaries and area of the tract as
separate, legal subdivision. The deputy |
surveyor shall return with his survey the
1ame or names Of all persons so found to be
n possession, with proper description of
he tract In the possession of EACH as shown |
oy the survey, and the proof furnished to |
him of such possession.
:, Upon receipt OF such . sui~ey and proofs,
Office shall cause careful investigation to be |
made in such manner as he shall deem neces-
,ary 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
o the parties so found to be in possession
;or the tracts respectively claimed by them;
Provided, howeoer, 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
'rogided further, That this section shall not
apply to any city lot, town lot, village lot,
arm lot, or pasture lot held under a 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
Mexico, Arizona and Utah. and the States of |
Nevada and Wyoming, all persons
who, or whose ancestors, grantors, or their
awful successors in title of possession, be-
zane 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
each, for twenty years next proceeding such
survey, shall be entitled, upon making proof
If such fact to the satisfaction of the regis
er and receiver of the proper land district |
Ind of the Commissioner of the General
Land once upon such investigation as is
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, hoaOeuer, That no person shall be en-
titled to enter more than one such tracts in
lis own right, under the provisions of this
section.
SEC. 49,. That all claims. arising under