Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-19
,rcbv authorized In all cases arising under

|
taking testimony, and otherwise to hea
| 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.
! ings and rights shall be conducted and de
cided subject to the following provisions a
| well az to the other provisions of this ACT
| namely:
FTrst-No claim shall be allowed that shall
not appear to be upon a title lawfully ant
| regularly derived from the Government 0
| 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 cesslon, to respec
and permit to become complete and perfec
| II the same was not at said date alread,
| complete and perfect.
| SeConG-No claim shall be allowed tina
| snail interfere with or overthrow any jus
and unextinguished Indian title or right t.
| any land or place.
| fhId-No allowance or confirmation O
any claims shall confer any right or title t.
any gold, silver, or quicksilver mines 0!
minerals of the same, unless the gran
claim effected the donation or sale of suCl
mines or minerals to the grantee, unless
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 NJ
such mine shall be worked on any property
confirmed under this act without the consen
of the owner of such property until specially
hereafter passed.
Fourth-No claim shall be allowed for any
land, the right to which has hitherto
been lawfully acted upon and decided by
FVth-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. and
acts herein provided for shall be conclusive
of all rights as between the United States
and all persons claiming any interest OF
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 to
the land confirmed, nor shall 1t operate to
make the United States in any manner
liable In respect OF any such grants, claims
or lands or their d1SpOS1tlon, OtnerWlSe tnan
as Is In this act provided.
Se0enth-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 more nnrSOnN Jointly.
nor for a greater quantity than was author
lied by the respective laws of Spain or Mex
leo applicable to the claim.
Etghth-No concession, grant, or other
authority to acquire land made upon any
condition or requirements, either anteced-
eDt or subsequent, shall be admitted or con-
drmed 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
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
satisfaction of such court of such sale or
grant, and the value of the land so sold or
granted, such court shall render judgmen
In favor of SUCH claimant, as ainst the United
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 a. 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
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 commissioner appointed for that pur-
pose by the court.
SEC. Is. That section of the act of Con.
eress approved July 22nd, 1854, entitled
AN act to establish the office of Surveyors
General of New Mexico, Kansas and Ne
brasEa, 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 IS. 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, II 1t shall
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 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
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
Herewith. Such possession shan be accu-
and delineated on the township plat, with
the boundaries and area of the tract as a
separate, legal subdivision; The deputy
surveyor 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 SUI Fey and 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
comes within the provisions of this
section, he shall cause patents to be issued
to the parties SO found to be In possession
e tracts ey
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
provided 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
which may fall within the provisions of sec.
ton IL of this act.
SEC. II. That in the case of townships here.
tofore surveyed in the Territories of New
Mexico, Arizona and Utah, and the States of
Colorado, Nevada and Wyoming, all persons
who, or whose ancestors, grantors, or their
lawful successors in title of possession, be-
came citizens of the United States by reason
of the treaty of Guadalupe Hidalgo, and who
have been in the actual continuous. adverse
and residence thereof of tracts
not to exceed one hundred and sixty acres
each, for twenty years next proceeding such
survey, shall be entitled upon making proof
of such fact to the satisfaction of the regis
ter and receiver of the proper land district
and of the Commissioner of the General
Land once upon such investigation as Is
provided for in section 16 of this act, to en-
ter without payment of purchase money,
fees or commissions, such legal subdivisions,
not exceeding one hundred and sixty acres,
as shall include their said possession; Pro-
uided. however, That no person shall be en-
titled to enter more than one such tracts, in
his own right, under the provisions of this
section.
SEC. 1s. That all claims arising under
either of the two next preceding sections of
this act shall be filed with Surveyor-Gen-
eral of the proper State or Territory within
two years next after the passage of this act,