Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-31

anu dispose OF lHLeTlOCuLOIy nOllOub uO
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
SEC 10. That all the foregoing proceed
ings and rights shall be conducted and de
cided subject to the following provisions a
well as to the other provisions of this act
namely:
Fnst-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, 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 a law
full right to make perfect had the ter ritor,
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
If the same was not at said date alread,
complete and perfect.
SecOnd-No claim shall be allowed tina
shall interfere with or overthrow any jus
and uneXtinguished Indian title or right Il
any land or place.
7hnd-No allowance or confirmation O.
any claims shall confer any right or title t.
any gold, silver, or quicksilver mines OF
claim effected the donation or sale of sucf
mines or minerals to the grantee, unless
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 O.
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.
Fowth-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.
Fgth-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, and
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.
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 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 disposition, otherwise than
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 origt-
nal grant to two or more persons jointly,
nor for greater quantity than was author
lied by the respective laws of Spain or Mex
leo applicable to the claim.
EigUh-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.
tirmed 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
decree, and upon proof being made to the
grant, and the value of the land SO sold or
granted, such court shall render judgment
In favor of such claimant, aga fnst the United
States, for the reasonable value OF said land
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
A Spanish or Mexican grant For the pur..
pose of ascertaining the value and amount
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
,ress approved July 22nd, 1854, entitled
AN act to establish the office of Surveyors
General of New Mexico, Kansas and Ne
Draska, to grant donation to actual settlers
herein, and for other purposes" and. all
acts amendatory or in extension thereof, or
thereto, and all acts or parts
If acts inconsistent with the provisions OF
his act are hereby repealed.
SEC. l6. That in township surveys here.
after to be made in the Territories of New
If Colorado, Nevada and Wyoming, If 1t shall
De made to appear to the satisfaction of
he deputy surveyor making such survey
hat any person has, through himself,
successors in title or possession, been in
he continuous, adverse, actual, bona f1de
possession, residing thereon as his home,
If any tracts of land, Of or in connection
ueIGWllu VI OlHtk lduub dllORSLHSL uol CA
;eeding one hundred and sixty acres, in such
ownships for twenty years next preceding
he time of making such survey, the deputy
urveyor shall recognize and establish the
ines OF SUCH possession , ana maze the SUD
herewith. Such possession shall be accu-
ately defined In the field notes of the survey
md delineated on the township plat, with
he and area OF the tract dsa as
urveyor shall return with his survey the
lame or names of all persons 80 found to be
n possession, with proper description OF
he tract in the possession OF each, as shown
i'm of such possession.
Upon receipt OF such surrey and proofs,
he Commissioner of the General Land
mice shall cause careful investigation to be
made in such manner as he shall deem neces-
airy for the ascertainment Of the truth in
aspect of such claim and occupation, and If
atisf1ed upon such investigation that the
comes within the provisions OF this
ne snail h TO oe
or the tracts respectively claimed by them;
'rooided, hoaOe0er, That no person shall be
Untitled to confirmation of, or to patent for,
more than one hundred and sixty. acres. in
rovtded further, That this section shall not
pply to any city lot, town lot, village lot,
arm lot, or pasture lot held under a grant
rom any corporation or town, the claim to
sulCu LII al thC PAoFhoAouo Va oCS-
ion IL of this act.
SEC. II. That in the case of townships here
ofore surveyed in the Territories OF New
Iexico, Arizona and Utah. and the States of
colorado Nevada and Wyoming, all persons
Who, or whose ancestors, grantors, or their
awful successors In title of possession, be-
anne citizens of the United States by reason
f the treaty of Guadalupe Hidalgo, and who
ave been in the actual, continuous. adverse
possession and residence thereof of tracts
lot to exceed one hundred and sixty acres
ach, for twenty years next proceeding such
urvey, shall be entitled, upon making proof
f such fact to the satisfaction of the regis
err and receiver of the proper land district
nd of the Commissioner of the General
land once upon such investigation as Is
rovided for in section IS of this act, to en-
er without payment of purchase money,
ees or commissions such legal subdivisions,
ot exceeding one hundred and sixty acres,
8 shall include their said possession; Pro
ided houeuer, That no person shall be en-
tiled to enter more than one such tracts, in |
is own right, under the provisions of this
ection.
SEC. 10. That all claims arising under |
ither of the two next preceding sections of |