Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-20

the attendance of witnesses and In punish
ing contempts
ings and rights shall be conducted and de
Cided subject to the following provisions al
well as to the other provisions of this act
namely:
Frst-No claim shall be allowed that shall
not appear to be upon title lawfully ant
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 ina,
of acquisition of the territory by the United
States, the claimant would have had law
full right TO make perfect had the ter r1tory
not been acquired by the United States, anC
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 pertec'
If the same was not at said date ALREADY
complete and perfect.
SeCond-No claim shall be allowed thai
shall interfere with or overthrow any just
and unextinguished Indian title or right t
any land or place.
Ihird-No allowance or confirmation oil
any claims shall confer any right or title tc
any gold, silver, or quicksilver mines OF
minerals OF the same, unless the gram
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 suCt
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 nc
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
FourtA-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.
6arraa nndPI
this act shah 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 beer
acts herein provided for shall be conclusive
of all rights as between the United States
and all persons claiming any interest OF
right in such lands.
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 ia
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.
Seoenth-No confirmation In respect OF any
claims or lands, mentioned In section 6 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 or1gi'
nal grant, to two or more persons jointly,
nor for a greater quantity than was author
leo applicable to the claim.
ESghth-No concession, grant or other
authority to acquire land made upon any
condition or requirements, either anteced'
INF euh car ehal1 he admitted
hrmed 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
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
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 .1udgment
In favor of such claimant, ag ainst the United
States, for the reasonable value of said land
so sold or granted, exclusive OF betterments,
not exceeding one dollar and tweaty,hvs
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
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.
SEQ is. That section s of the act of Con
gress approved July 22nd, 1854, entitled
IAN act to establish the office of Surveyors
of MaYicO Kansas and Me-
braska, to grant donation to actual settler
therein, and for other purposes" and all
acts amendatory or In extension Thereon, 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
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
the continuous, adverse, actual, bona flde
possession, residing thereon as his home,
of any tracts of land, of or in connection
of other lands altogether not ex-
ceedtng 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 a
separate, legal subdivision. The deputy
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. ..-
TTnop rereint Nt anch rev and Or0Ofa
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 entertainment 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
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 section; And
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 IL. 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
VINO, OF whose ancestors, III dHloTs, OF tuelI
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 once upon such investigation as Is
provided for in section 10 of this act, to on
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 ho,Oeuer, 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. IS. That all claims arising under
either of the two next preceding sections OF
this act shall be filed with asSurveyor,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 la I'd shall be sub.
ject to entry under the land laws of the
United States.