Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-08

Anu Sdlu court snail have anu llONSt0N I'll
the powers of a Circuit Court of the United
| 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
we'll as to the other provisions Of this act
| namely:
First-No 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, ana one tina
| If not then complete and perfect at the dat
| of acquisition of the territory by the United
| States, the claimant would have had law
| full right to make perfect had the territor,
not been acquired by the United States, AM
the United States are bound, upon thu
principles of the public law, or by the pro
visions of the treaty of Cession, to respeC
| and permit to become complete and perteC
If the same was not at said date ALREADY
| complete and perfect.
| Sec0nd-No claim shall be allowed tina
| shall interfere with or overthrow any JUS
| and uneXtinguiShed Indian title or right It
| any land or place.
| 1hrd-No allowance or confirmation o
any claims shall confer any right or title t.
any gold, silver, or quicksilver mines o1
minerals OF the same, unless the gran
| claim effected the donation or sale OF SuCf
| mines or minerals to the grantee, unles
| such grantee has become otherwise entitled
| thereto in law or in equity; but all suCf
| mines and minerals shall remain the prop
| erty of the United States with the right 0
| working the same, which fact shall be STATED
| 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
| which 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 been
passed; but the proceedings, DEGREES, and
ACTS herein provided Tor snail be co OF
and all persons claiming any interest or
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
United States otherwise than as Il 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 q 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 Tor 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.
Eighb-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
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 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 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 commissioner appointed for that pur-
pose by the court.
SEC. is. That section of the act of Con-
annroVe6 IulV pDp1 1874 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
successors in title or possession, been in
the continuous, adverse, actual, bona fide
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
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 |
the boundaries and area of the tract as a |
legal subdivision. The deputy |
shall return with his survey the |
name or names Of all persons so found to be |
In possession with a 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 survey and proofs, |
The Commissioner of the General Land
ONCE shall cause careful investigation to be |
made in such manner as he shall deem neces-
5ary for the asCertainment of the truth in |
respect of such claim and occupation, and if |
satisfied upon ,such investigation that the |
claimant comes within the provisions of this |
section, he shall cause patents to be issued |
to the parties so found to be In possession |
for the tracts respectively claimed by them; |
Provided, however, That no person shall be |
entitled to confirmation of, or to patent for |
more than one hundred and sixty acres in
his own right by virtue of this sections; 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.
SEC IT, That in the case of townships here |
.ofore surveyed in the Territories of New
Mexico. Arizona and Utah. and the States of |
colorado, Nevada ana wyoming, all persons |
who, or whose ancestors grantors, or their |
awful successors in title of possession, be-
came citizens of the United States by reason
If the treaty of Guadalupe H1dalgo, 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 |
If such fact to the satisfaction of the regis
er 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 10 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, hoWeyer, That no person shall be en-.
titled to enter more than one such tracts, in
lis own right, under the provisions of this
lection.
SEC. 49, 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
wo years next after the passage of this act,
md no claim not so filed shall be valid. And
he class of cases provided for in said two
lext preceding sections shall not be consid-
red adjudicated by the court created by this
M TWO pf r Ia mr. abal he