Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-21

f. the powers OF a circuit court OF the DullCu
States in preserving order, compelling the
production of books, papers and documents,
the attendance OF witnesses ana IN PUNISH
ing contempts
ings and rights shall be conducted and de-
cided subject to the following provisions as
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 and
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 thar
If not then complete and perfect at the date
of acquisition of the territory by the United
| States, the claimant would have had law
full right to make perfect had the ter rtory
not been acquired by the United States and
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 perfect
If the same was not at said date already
complete and perfect
lSec0nd-No claim shall be allowed that
| shall interfere with or overthrow any Just
and unextinguished Indian title or right to
any land or place.
| 1hird-No allowance or confirmation OF
any claims shall confer any right or title to
any gold, silver, or quicksilver mines or
| minerals of the same unless the grant
claim effected the donation or sale of such
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
land, the right to which has hitherto
| been lawfully acted upon and decided by
| Congress- under its authority,
FUth-No proceeding, decree or act under
this act shah 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 for shall be conclusive
of all rights as between the United states
and all persons claiming any interest or
right in such lands.
Sirh-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
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 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-
| firmed unless it shall appear that every such
condition and requirement was performed ntad ic
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 50 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
| 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 15 That section 8 of the act of Con;
| gress approved July 22nd, 1854, entitled
| IAN act to establish the ONCE of Surveyors
General of New Mexico, Kansas and Ne
braska, to grant donation to actual settlers
therein, and for other purposes, ana an
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, II 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 adyerse aGtua P pEn5 homes moe
| of any tracts of land, OF or in connection
Herewith of other lands altogether not eX-
ceeding one hundred and sixty acres, In sucn
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 6 lance
| 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
| 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 furnlshed 10
| 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-
| sary for the ascertainment of the truth in
respect of such claim and occupation, and If
satisfied upon such inyestigatioin that IN. me
| section, he shall cause patents to be Issued
to the parties so found to be In possession
| for the acts respectively claimed by them;
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
provided further, That this section shall not
| farm lot or pasture lot held under 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
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
| nave Deen III the Ioulluuouo' tufCloC
| 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 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-
| Utded h0weUer, 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 Snrveyor-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 adiudicated by the court ere ted by this
aafn y. 1ox, at,, h. y.