Page:United States Statutes at Large Volume 43 Part 1.djvu/672

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SIXTY—EIGHTH CONGRESS. Srss. I. Ch. 331. 1924. 641 contestant shall be required to set forth the basis and nature of his respective claim, and thereupon the said claims shall be heard and decided as upon an original contest or intervention. And in all cases any person or persons whose right to a given wifgglggoggwmw parcel or parcels of land has become fixed either by the action of ` the said board or the said court or in such contest may apply to the Commissioner of the General Land Office for a patent or certificate of title and receive the same without cost or charge. _ _ _ Sec. 14. That if any non-Indian party to any such suit shall .,,A§§2°,'§c.,§{ gs§’§°'§§l assert against the Indian title a claim based upon a Spanish or Mex- Q; by ¤°¤·I°dia° ican grant, and if the court should finall find that such claim by the non-Indian is superior to that of the Indian claim, no final decree or judgment of ouster of the said Indians shall be entered or writ of possession or assistance shall be allowed against said Indians, or any of them, or against the United States of America acting in their behalf. In such case the court shall ascertain the area and v3·}·jg°g}§;*({**;,*$c0upt* value of the land thus held by any non-Indian claimant under such ` superior title, excludin therefrom the area and value of lots or parcels of land the titi to which has been found to be in other persons under the provisions of this Act: Provided, however, That or mm, any findings by the court under the provisions of this section may mowed. be reviewed on appeal or writ of error at the instance of any dparty aggrieved thereby, in the same manner, to the same extent, an with Rem, etc to com like effect as if such findings were a final udgment or decree. When mss 1&;in¤d1’ rmdiug such finding adverse to the Indian claim has become final, the Sec— am dm °]°jm` retary of the Interior shall report to Congress the facts, including the area and value of the land so adjudged against the Indian claim, with his recommendations in the premises. Im,,,mm8,,,S by Src. 15. That when any claimant, other than the United States pozggmwméaamwz for said Indians not covered by the report provided for in section iiiiiirtrecigrigigii 7 of this Act, fails to sustain his claim to any parcel of land within °"“°“$· any Pueblo Indian grant, purchase, or donation under the provisions of this Act, but has held and occupied any such parcel in good faith, claiming the same as his own, and the same has been improved, the value of the improvements upon the said parcel of land shall be found by the court and reported by the Secretary of the Interior to Congress, with his recommendations in the pF¤I11iSOS· ana ollands Mums; $110. 16. That if any land adjudged by the court or said lands j3m;¤<>¤·t;¤¤¤¤¤ Nymboard against any claimant be situate among lands adjudicated or z¤uu¤`iii¤£P°" mm otherwise determined in favor of non-Indian claimants and apart from the main body of the Indian land, and the Secretary of the Interior deems it to be for the best interest of the Indians that such parcels so adjudged against the non-Indian claimant be sold, he may with the consent of the governing authorities of the pueblo, 0l‘der_ the sale thereof, under such regulations as he may make, to U of , the highest bidder for cash, and if the buyer thereof be other than se P ' the losing claimant, the purchase price shall be used in paying to such losing claimant the adjudicated value of the improvements aforesaid, if found under the provisions of section 15 hereof, and the balance thereof, if any. shall be paid over to the proper officer, or officers., of the Indian community, but if the buyer be the losing claimant, and the value of his improvements has been adjudicated as aforesaid, such buyer shall be entitled to have credit upon his bid for the value of such improvements so adjudicated. V _ ssc, 17. No agp, uae, or imma in or- to me lands of the Pueblo ,.‘.¥.¥..i.‘.."";."°.;;..‘;’.i;‘: Indians of New exieo to which their title has not been extinguished as hereinbefore determined shall hereafter be acquired or initiated vM¤¤brC¤¤s=¤¤¤.••¤. by virtue of the laws of the State of New Mexico, or in any other manner except as may hereafter be provided by Congress, and no $8]% grant, ease of any character, or other conveyance of lands,