Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-03

a
| the powers Of n Circuit Court of the Unite
| STATES in prescrvinT order. cnnnrlliup th
production of books DaDcrs and documents
| the attendance of witnesses and in plnisn
ing contempts
SEC. il. That all the FOREGOING proceed
ings and rights shall he conducted and de
Cidcd subject to the following provisions a
well as 10 the other provisions of this aCt
namely:
! FIrSi-NO claim shall be allowed that shall
not appear to be upon title lawfully am
regularly derived from the Government o
Spain or Mexico. nor from any of the state
OF the Republic of Mexico having lawful at
thority to make grants of land. ana one tina
If not then complete and perfect ut 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. an
the United States are hound. upon III
principles of the public law, or by the pro
visions of the treaty of Cessi0n to rcspcC
and permit to become complete and pcrfcC
if the same was not at said date dread
complete and perfect
.set0nd-No claim shall be allowed tina
shall interfere with or overthrow any jus
and uncXtinguished Indian title or right t.
anV land or nlace
Ihird-No allowance or confirmation o
any claims shall confer any 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 suC1
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
erty of the United States, with the right o
working the same. which fact shall be statet
in all patents issued under this act, But ne
such mine shall be worked on any prupert'
confirmed under this act without the Consen
of the owner of such property until specially
authorized thereto by an act of Congress
hereafter passed.
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 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 beer
passed; but the proceedings, DEGREES and
acts herein provided for shall he conclusive
of all rights as between the United States
and all persons claiming any interest or
right in such lands.
Sich-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.
SeUenth-No confirmation in respect of any
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 a greater quantity than was author
lied by the respective laws of Spain or Mex.
leo applicable to the claim.
EighM-NO concession, grant, or other
authority to acquire land made unOn any
condition or requirements, either anteCcd-
ent or subsequent, shall be admitted or con-
irmed 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 it 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
in favor of such claimant, against the United
States, for the reasonable value of said land
so sold or granted, exclusive of bcttCrments,
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
may appeal in the same manner as
herein In cases of 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
court, and proof taken before the court or
~ commissioner appointed for that pur.
pose by the court,
SEC Is That section of the act of Con
yress approved July 22nd, 1854, entitled
IAN act TO establish the Office of Surveyors
General of New Mexico, Kansas and Ne
1raska, to grant donation to actual settlers
herein, and for other purposes and all
lcts amendatory or in extension thereof, or
NJ pplementarv thereto. and all acts or parts
# acts Inconsistent with the provisions of
his act are hereby repealed
SEC l6, That in township SURVEYS here
lfter to be made in the Territories of New
Iexico Arizona and Utah and in the States
# Colorado. Nevada and wyoming, if il shall
Ne made TO anpear to the satisfaction of
he deDutv surveyor making such survey
hat anv nerson has. through himself.
lis ancestors. grantors. or their lawful
nccessors in title or possession, been in
he continuous. adverse, actual, bona Gde
residing thereon a. his nome
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