Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-10

ARA sad court snail nave anu lNDN't9N az
the powers of a Circuit Court of the nilrd
States in preserving order, competing the
production of books, papers ana doculhcHl9'
the attendance OF witnesses ana III PUNISH
ing contemptS.
SEC 49, That all the foregoing proceed
ings and rights shall be conducted and de-
c1ded inject to the following provisions as
well as to the other provisions OF TINS act
namely: ,
First-No claim shall be allowed that shall
not appear to be upon tue IaW1uHY anf
regularly derived from the Government OF
Spain or Mexico, nor from any or the states
of the Republic of Mexico having lawful au-
thority to make grants of land, ana one that
If not then complete and perfect at the aat9
| of acquisition Of the territory by the united
States. the claimant would have had a aw-
| full right to make perfect had the territory
not been acquired by the United States ana
the United States are bound upon tne
| principles of the public law, or by the pro.
| visions of the treaty of ceSSion, TO reSpect
and permit to become complete and perfect
| if the same was not at SAID date ALREADY
| complete and perfect.
Second-No claim shall be allowed that
| shall interfere with or overthrow any Just
and unextnguished Indian title or right to
any land or place
any claims shall confer any right or title 10
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.
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. 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, ana
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.
| iSicth-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 ana tltle 10
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.
| Seyenth-No confirmation in respect of any
claims or lands, mentioned in section Of
| this act or in respect OF any claim or ulle
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 SPAN or Mex
| leo applicable to the Lain.
EiQhth--NO concession, grant, or Otner
| 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 othef duthof-
| 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 TINS
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 maze 10 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 ana such
judgment when found shall be a chaIge 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 Conhfnallon OF
a Spanish or Mexican grant. For the pur
nose 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.
gress approved July 22nd, 1854, entitled
nan 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 49, 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 fde
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 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
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 survey and proofs, |
the Commissioner of the General Land
once shall cause careful investigation to be
alai n he hall Inn am
sary 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
ProUided, h0WeUer, 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 section; ma
proyided Ja,ther, 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 l 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 |
possession and residence thereof of tracts |
not to exceed one hundred and sixty acres
each, for twenty years next preceding 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 Office upon such investigation as Is |
provided for in section 10 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-
gtded. 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 49, That all claims arising under
either of the two next preceding sections of
this act shall be filed with a Surveyor-Gen-
eral of the proper State or Territory within
two years next after the passage of this act,
and no claim not so filed shall be valid. And
the class of cases provided for in said two
next preceding sections shall not be consid-
cred adjudicated by the court created by this
act, and no tract of such land shall be sub
tect to entry under the land laws of the
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