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confirmation of such title; and on such application said court shall proceed to hear, try, and determine the validity of the same and the right of the claimant thereto, its extent, location and boundaries, in the same manner and with the same powers as in other cases in this Act mentioned.
Sec. 10. That whenever any decision of confirmation Certification of shall become final, the clerk of the court in which the confirmation to final decision shall be had shall certify that fact to the General Lanil Commissioner of the General Land Office, with a copy of Office. the decree of confirmation, which shall plainly state the location, boundaries, and area of the tract confirmed. The said Commissioner shall thereupon without delay cause the tract so confirmed to be surveyed at the cost of the United States.
When any survey is finally approved by the court, it to Issue of patent shall be returned to the Commissioner of the General Land Office, who shall as soon as may be cause a patent to be issued thereon to the confirmee. One-half of the One-half of suu. necessary expenses of making the survey and plat pro- paid by claimant. vided for in this section, and in respect of which a patent shall be ordered to be issued, shall be paid by the claimant or patentee, and shall be a lien on said land, which may be enforced by the sale of so much thereof as may lie Enforcemer be necessary for that purpose, after a default of payment thereof for six months next after the approval of such survey and plat; and no patent shall issue until such payment.
Sec. 13. That all the foregoing proceedings and rights Provisions. shall be conducted and decided subject to the following provisions as well as to the other provisions of this Act, namely:
Third. No allowance or confirmation of any claim shall Mines or win: confer any right or title to any gold, silver, or quicksilver confirmed. mines or minerals of the same, unless the grant claimed Exceptions. effected the donation or sale of such mines or minerals to the grantee, or unless such grantee has become otherwise entitled thereto in law or in equity; but all such mines and minerals shall remain the property 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 mines. of such property until specially authorized thereto by an Act of Congress hereafter passed.
Consent of owner to wok
An Act To quiet title to certain land in Dona Ana County, New
Be it enacted by the Senate and House of Representa
tires of the United States of America in Congress as
Apa sembled, That in all cases where persons have made a County, N. Mex.
settlers on claim or claims to land in Dona Ana County, New Mextrom refugio ico, by virtue or under color or bona fide claim of right Colony grant. stead patents. ad op een home the Refugio Colony grant, in said county, and which
or title derived from the Mexican land grant, known as grant was confirmed by the final decree of the Court of Private Land Claims, rendered in nineteen hundred and two, and where such person or persons in good faith and for a valuable consideration have purchased such lands and occupied and improved the same prior to the rendition of said decree, in the bona fide belief that said lands were embraced in and a part of said grant and which lands were excluded therefrom by the final survey of said grant ordered by said court, and where said persons, their assigns, and successors in interest have used, improved, and continued in the actual possession of the same as according to the lines of the original purchase, and where no valid adverse right or title (except of the United States) exists, such occupants, claimants, or purchasers may make entry and the Commissioner of the General Land Office shall cause patents to issue for the same, after having such lands surveyed under existing laws, on payment of the fees and commissions required on original homestead entries, upon first making proof of the facts as required in this section, under regulations to be provided by the Commissioner of the General Land Office, joint entries being admissible by coterminous pro
prietors to such an extent as will enable them to adjust Mineral, etc., their respective boundaries: Provided, That the right to lands excluded.
make entry herein given shall not extend to lands con
taining deposits of gold, silver, copper, oil, coal, or other Existing subdi. valuable minerals: And provided, That whenever it shall ognized. ines rec be made to appear by petition from the occupants of such
land that injury to permanent improvements would result from running the lines of the public survey through such permanent improvements, the Commissioner of the General Land Office may recognize existing lines of sub
divisions. Assistance to Sec. 2. That the Commissioner of the General Land claimants.
Office is hereby authorized to render to the claimants under this Act such assistance as he may deem necessary in the matter of the preparation and submission of proofs hereunder, and all actual expenses incurred by clerks of the General Land Office or other detailed by the commis
sioner in rendering the necessary assistance to such Expenses. claimants, including per diem allowance in lieu of sub
sistence, may be paid from the appropriation for expenses of inspectors, General Land Office.
Approved, February 3, 1911 (36 Stat. 896).
An Act To amend section six of an Act to expedite the settlement of
title to lands in the State of California.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section six of the Act of Congress approved July first, eighteen hundred and sixty-four, being an Act entitled "An Act to expedite the settlement of title to lands in the State of California,” being chapter one hun- California. dred and ninety-four of volume thirteen of the Statutes claims Ya. at Large, page three hundred and thirty-four, is hereby amended to read as follows:
“ Sec. 6. That it shall be the duty of the surveyor general of California to cause all the private land claims finally confirmed to be accurately surveyed and plats thereof to be made whenever requested by the claimants: Surveys on reProvided, That each claimant requesting a survey and quest. plat shall first deposit with the Secretary of the Interior Deposits for a sufficient sum of money to pay the expenses of such expendere, ma de survey and plat, and of the publication required by the first section of this Act, and the money so deposited shall be available for expenditure by the surveyor general in payment of the expenses of such survey and plat, including all the expenses incident thereto, and of the required publication. Whenever the survey and plat requested shall have been completed and forwarded to the Commissioner of the General Land Office, as required by this Act, the surveyor general shall state an account showing a statement of the exact cost of the survey, plat, and publication, and any excess deposited over such cost shall be returned to the claimant."
Approved, March 2, 1917 (39 Stat. 995).
An Act For the relief of settlers and entrymen on Baca Float Num
bered Three, in the State of Arizona.
No. 3, Arizona.
Be it enacted by the Senate and House of Representa- Baca Float tives of the United States of America in Congress assembled, That where, prior to December 13, 1917, patents or evicted from, pripatent certificates have issued under the homestead laws may select twice or preemption laws for land within the limits of a tract the area of lands known as Baca Float Numbered Three, in the State of Arizona, and the patentees, their assigns, and legal representatives have been evicted by the local courts by reason of the prior grant to the legal representative of Luis Maria Baca, the patentee, his assigns or his legal representative, who under the laws and regulations would have been entitled to the return of the purchase money, fees, and commissions, shall be entitled to select in lieu thereof not exceeding twice the area of the lands lost, of any nonmineral unoccupied surveyed public lands in the State of Arizona subject to homestead entry.
Homestead en SEC. 2. That where any person had made homestead trymen evicted or prevented from entry for land within Baca Float Numbered Three, and try by prior had fully complied with the homestead laws thereon as grant, may make to residence and cultivation prior to June 22, 1914, in twice original the bona fide belief that the land was public land, and
has been evicted therefrom or prevented from making final entry by reason of the prior grant, said homestead entryman, or, in the case of his or her death, the successor to the right of entry under the homestead laws shall be permitted to make second homestead entry for other land situate in the State of Arizona and not exceeding twice the area of the original homestead entry lost as herein set forth, subject to the conditions, limitations,
and benefits of the homestead laws applicable to such Patent, etc., to land; and upon submission of proof under his original ther residence, entry that he had fully complied with the law as to
residence and cultivation, shall on approval of such proof and payment at the office of second entry for the final fees and commissions due on a final entry for the land entered, receive a final certificate and patent without further residence and cultivation of the land embraced in
the second entry. Rights not as Sec. 3. That the right of selection and second entry signable.
hereby granted shall not be assignable, directly or Selection to be through irrevocable power of attorney, and must be exermade within cised within three years after the passage of this Act three years.
by the persons entitled to such relief, or, in the case of the death of a homestead entryman who has not submitted final proof and received his final certificate, by the person or persons succeeding to his right of entry under
the homestead laws: Provided, That no persons acquiring Sales, etc. since
December said land by sale or conveyance subsequent to December 13, 1917, recognized.
not 13, 1917, shall be recognized, and the applicant shall Proof required submit proof that he has not sold, assigned, nor relinselection is for quished his homestead nor entered into any contract or exclusive personal agreement to sell, assign, or relinquish the same, nor
abandoned the land for a valuable consideration; also that the land sought to be selected is for applicant's own exclusive use and benefit, and that he has not sold or con
tracted to sell, directly or indirectly, said selected land: Regulations, And provided further, That the entire right of reselecetc., to be prescribed. tion under each entry shall be exercised at the same
time, under such rules and regulations as the Secretary
SMALL HOLDING CLAIMS.
for the settlement of private land claims in certain States and
Continuous SEC. 16. That in township surveys hereafter to be sion for 20% years, made in the Territories of New Mexico, Arizona, and
Utah, and in the States of Colorado, Nevada, and Wyo: ming if 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 continuous adverse actual 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 for twenty of tract. years next preceding the time of making such survey, the deputy surveyor shall recognize and establish the Deputy sur: lines of such possession and make the subdivision of the lish lines and adjoining lands in accordance therewith. 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 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 proofs furnished to him of such possession.
Upon receipt of such survey and proofs the Commis- Review by the sioner of the General Land Office shall cause careful in- of the General
Land Office. vestigation to be made in 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 entissue of patto the parties so found to be in possession for the tracts respectively claimed by them:Provided, however, That no Limitations. 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 provided 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 section eleven of this Act. Sec. 17. That in the case of townships heretofore sur
ship surveys al. veyed in the Territories of New Mexico, Arizona, and ready made. Utah, and the States of Colorado, Nevada, and Wyoming, all persons who, or whose ancestors, grantors, or
Citizens in their lawful successors in title or possession, became citi- verse possession zens of the United States by reason of the treaty of fon pe Fearithoux Guadalupe-Hidalgo, and who have been in the actual payment. continuous adverse possession and residence thereon of tracts of not to exceed one hundred and sixty acres each, for twenty years next preceding such survey, shall be entitled, upon making proof of such facts to the satisfaction of the register and receiver of the proper land district, and of the Commissioner of the General Land
a Amended by the act of Feb. 21, 1893, by striking out the words "re. siding thereon as his home."