Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-10
,rehy authorized in all cases arising under

|
| this act to grant In vacation all orders TO
| taking testimony, and otherwise to hea
and dispose of tnterlocutory motions no
| affecting the substantial merits of case
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
| ing Contempts.
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:
Birst-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
thortty to make grants of land, and 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 a law
full right to make perfect had the ter ritor,
not been acquired by the United States, ant
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 perfec
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
any land or place.
1hird-No allowance or confirmation o.
any claims shall confer any right or title t.
any gold, silver, or quicksilver mines OIL
minerals OF the same, unless the gram
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
1a1t, midi 10 not N
of the owner of such property until specially
authorized thereto by an act of Congress
hereafter passed.
F0urth-No claim shall be allowed for any
been lawfully acted upon and decided by
Congress, or under its authority.
FJth-No proceeding, decree, OF 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
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
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
as is in this act provided.
Seyenth-No confirmation In respect of any
claims or lands, mentioned In section 9 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 origi-
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.
Eighth-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. A. 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
satisfaction of such court of such sale or
grant, and the value of the land 30 sold or
granted, such court shall render judgment
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 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.
SEC. 49, That section of the act of Con
gress approved July 22nd, 1854, entitled
IAN act to establish the office of Surveyors
5eneral, of New Mexico, Kansas and Ne
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
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
residing thereon as his home,
IF any tracts of land, of or in connection
herewith of other lands altogether not ex-.
seeding one hundred and sixty acres, In such
surveyor shall recognize and establish the
ines of such possession and make the sub
division of adjoining land In accordance
-ateiy defined in the field notes of the survey
and delineated on the township plat, with
he boundaries and area of the tract as a
separate, legal subdivision. The deputy
shall return with MS survey the
lame or names of all persons so found to be
n possession, with proper description OF
he tract in the possession of each, as shown
oy the survey, and the proof furnished to
lin of such possession.
he Commissioner of the General Land
)fflce shall cause careful investigation to be
made in such manner as he snail deem neces-
,ary for the ascertainment 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
% the parties so found to be in possession
hoaoeuer, 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,
arm lot, or pasture lot held under a grant
rom any corporation or town, the claim to
which may fall within the provisions of sec.
Ion IL of this act
SEC. IL. That in the case of townships here
.ofore 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
awful successors in title Of possession, be-
:ame citizens of the United States by reason
If the treaty of Guadalupe Hidalgo, and who
lave been in the actual, continuous, adverse
possession and residence thereof of tracts
lot to exceed one hundred and sixty acres
Zach, for twenty years next preceding 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
Ind of the Commissioner of the General
Land ONCE upon such investigation as is
provided for in section 16 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 h0aOe0er, That no person shall be en-
titled to enter more than one such tracts, in
lis own right, under the provisions of this
ection. ....-
SEC. 10. That all claims arising under
either of the two next preceding sections of