Page:United States Statutes at Large Volume 26.djvu/914

 1•*nrrY-Finsr oouennss. sues. 11. on. 539. 1891. 861 square leagues of land to or in the right of an one  grantee or claimant, or in the right of any one originagrgrant to two or more persons jointly, nor for a greater quantity than was authorized by the respective laws of Spain or Mexico applicable to the claim. Eighth. No concession, grant, or other authority to acquire land conuiumm cram. made upon any; condition or requirement, either antecedent or sub- €{f,”‘,,;°,}‘,Y'p`§':{°*,$m‘§‘}°" sequent, shall e admitted or confirmed 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 authority to acquire land. Sec. 14. That if in any case it shall appear that the lands or any ;,,,,d, ,;,,,,,,,,1 to part thereof decreed to any claimant un er the (provisions of this act g}:*m,§¤},‘:,¤&5’gg8*,gé shall have been sold or granted by the Unite States to any other wibeiner. person, such title from the United States to such other person shall u.s.uue,v¤ua. remain valid, notwithstandingi such decree, and upon proof being v_n_—¤·r of we and made to the satisfaction of said court of such sale or grant, and the °‘ value of the lands so sold or granted, such court shal render judg- Juugmenzcerssamment in favor of such claimant against the United States for the “"· reasonable value of said lands so sold or granted, exclusive of betterments, not exceeding one dollar and twenty-five cents per acre for ummm ,,;,,,,_ such lands; and such judgment, when found, shell be a charge on the Treasury of the Unit States. Either party deeming himself Appeal. aggrieved by such judgment may appeal in the same manner as pro- V1 ed herein in cases o confirmation of a Spanish or Mexican grant. For the purpose of ascertaining the value and amount of such ands, Appraisal. cw. surveys may be ordered by the court, and proof taken before the Appointment or court, or by a commissioner appointed for that purpose by the court, °°’““““‘°“°’· Sec. 15. That section eight of the act of Congress approved July Asgzrrainmenn me twenty-second, eighteen hundred and nfty-four, entitl "An act to i1ie’;:¤i¤° establish the offices of surveyor-ggneral of New Mexico, Kansas, v01.1o,n soo, tm, and Nebraska, to grant donations actual settlers therein, and for "*’°‘“°°· other purposes," and all acts amendstory 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. 16. That in township surveys ereafter to be made in the O.,,,,;,,,,,,,,, ,,,1,,,,, Territories of New Mexico, Arizona, and Utah, and in the States of Wggfejggimgggv Colorado, Nevada, and Wyoming if lt shall be made to appear to the h future mwrismii satisfaction of the deputy surveyor making such survey that any }"Y,.,,§{,',f”{',§;',,‘f*°c’{,§ person has, through himself, his ancestors, grantors, or their lawful we Nevada. mn successors in title or possession, been in the continuous adverse actual ’ °"°I°°` bona fide possession, residing thereon as his home, of any tract of land or in connection therewith of other lands, all together not exceeding one hundred and sixty acres in such township or twenty Maximum size ur years next preceding the time of making such survey, the deputy °'°°'· surveyor shall recognize and establish the lines of such possession Deputy surveyor m and make the subdivision of the adjoining lands in accordance there- §_'Q,‘§‘{’,,"§k¥‘,{{,';§,?,;,fe”,féj_ with. Such possession shall be accurately 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 de - uty surveyor shall return with is 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, an the proofs furnished to him of such possession. Upon recei t of such survey and proofs the Commissioner of the my-new by Commb General Land) Office shall cause careful investigation to be made in §jg,*;=¤*G<=¤¤*=¤ md such manner as he shall deem necessary 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 arties rms or puma. so found to be in ssession for the tracts respectively claimed) by by _ them; Provided, lidzvever, That no person all be entitled to con- P’°°”°°·