Page:United States Statutes at Large Volume 43 Part 1.djvu/668

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SIXTY-EIGHTH CONGRESS. Sess. I. Ch. 331. 1924. 637 in section 1 of this Act, a suit to quiet title to the lands described in said report as Indian lands the Indian title to which is determined by said report not to have been extinguished. _ _ Sec. 4. That all persons claiming title to, or ownership of any lands involved in any such suit, or suits, may in addition to any other le al or equitable defenses which they ma have or have had under tge laws of the Territory and State of New Mexico, plead limitation of action, as follows, to wit: (a) That in themselves, their ancestors, grantors, privies, or predecessors in interest or claim of interest, they have had open, Sim J¤¤¤=¤Y 6- notorious, actual, exclusive, continuous, adverse possession of the ` premises claimed, under color of title from the 6th day of January, _ _ 1902, to the date of the (passage of this Act, and have paid the taxes lawfully assessed an levied thereon to the extent required by the statutes of limitation, or adverse possession of the Territory or of the State of New Mexico since the 6th da of January, 1902, to the date of the passage of this Act, except where the claimant was exempted or entitled to be exempted from such tax payment. (b) That in themselves, their ancestors, grantors, privies, or w·jj<=::¤\.¤¤, ¤{?ml>¤:- predecessors in interest or claim of interest, they have had open, ems, since umu ie, notorious, actual, exclusive, continuous, adverse possession of the 188*** remises claimed with claim of ownership, but wit out color of title i)rom the 16th day of March, 1889, to the date of the passage of this Act, and have paid the taxes lawfully assessed and levied thereon to Tm *"’“·°‘°* the extent required by the statutes of limitation or adverse possession of the Territory or of the State of New Mexico, from the 16th day of March, 1899, to the date of the passage of this Act, except where the claimant was exempted or entitled to be exempted from such tax payment. _ Nothing in this Act contained shall be construed to impair or de- ,,,I§{'§*§§,§{,},’§§{’{},f‘§,§fQ stroy any existing right of the Pueblo Indians of New Mexico to g%d<§8¤~¤I#;lfi°¢;¤1;;*¤§;;_* assert and maintain unaffected by the provisions of this Act their pz¤eri°¤¤¤es,ea., noi title and right to any land by original proceedings, either in law or "“"‘“'°°‘ equity; in any court of competent jurisdiction and any such right may asserted at any time prior to the Bling of the field notes and plats as provided in section 13 hereof, and jurisdiction with respect {°,§,",gd'2,,‘§§‘}; ,,,,,,,,,,_ to any such original proceedings is hereby conferred upon the United States District Court for the District of New Mexico with right of review as in other cases: Provided, however, That anyncontract €L$’$Zi,,¤ 0,, .,0,,. entered into with any attorney or attorneys by the Pueblo dians of ¤'°°“"‘”* **"°*¤°Y°· New Mexico, to carry on such litigation shall be subject to and in accordance with existing laws of the United States. Sec. 5. The plea of such limitations, sucessfully maintained, shall m§§:s“u{;,¢;};§,gg,}}¤*· entitle the claimants so pleading to a decree in favor of them, their heirs, executors, successors, and assigns for the premises so claimed by them, res ctively, or so much thereof as may be established, which shall have th; effect of a deed of quitclaim as against the United States and said Indians, and a decree in favor of claimants upon any other ground shall have a like effect. _ _ _The United States may lead in favor of the pueblo, or any indi- s,·Q,‘§§‘§,’;,‘{,,‘§{ Umm yidual Indian thereof, as tliie case might be, the said limitations herembefore defined. SEQ. 6. It shall be the further duty of the board to separately re- F¤¤·¤¤¢r wwwport in respect of each such pueblo- (il) The area and character of any tract or tracts of land within ,,,,Y,“ the exterior boundaries of any land granted or confirmed to the § °,¤ °{s_¤;c_**I¤· Pueblo Indians of New Mexico and the extent, source, and character of any water right appnutenant thereto in $@011 of non-Indian claimants at the time of filing such report, w h are not claimed for said Indians by any report o the board.