Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-28

And said court shall have and possess all
the powers of a Circuit Court of the United
States in preserving order, compelling the
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 as
well as to the other provisions OF this act
| namely:
FIrst-No claim shall be allowed that shall
not appear to be upon a 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, ana one that
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 territory
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
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 unextinguished Indian title or right to
| any land or place.
| 1hHd-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
mines or minerals to the grantee unless
|
thereto in law or in equity, but all such
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 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 for any
land, the. right to which has hitherto
been lawfully acted upon and decided by
| Congress, or under Its authority.
| FVth-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 a release
| by the United States of its right and title to
| 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.
| Seuenth-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 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.
Etghth-No concession, grant, or other
authority to acquire land made upon any
condition requirements,
ent or subsequent, shall be admitted or con-
firmed 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
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 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; 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 III the Saint IlldnlltI DIS
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 5. 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 is. 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 1t 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-
ratey 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 a 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
oh al car n IN
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 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;
Propided, hoWe0er, 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
prOUided further, 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
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 H1ddlgO ana VINO |
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 proceeding 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-
yided. hopeyer, 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. 10. That all claims arising under |
either of the two next preceding sections of
this act shall be filed with 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-
\, ,,-t ,taJI I, &I~I.