be surveyed and, on approval of survey by Commissioner of General Land Office, patent was to issue. The act of January 28, 1879 (20 Stats., p. 593), made similar provisions in favor of the claimants of La Lolla Rancho. The act of June 15, 1880 (21 Stats., p. 234), contained an appropriation for translating, copying, indexing, preserving, &c., the original Spanish archives in the office of the surveyor-general. AREA OF CONFIRMED GRANTS IN CALIFORNIA. Under these various acts the United States has confirmed in California 538 claims having a total acreage of 8,332,431.924 acres, the smallest being for 1.770, and the largest 133,440.780 acres. Patents have been issued for a number of these claims upon returns of survey made to the land department from time to time. In the location of these claims and the proper adjustment of boundaries there has been much difficulty, arising from the defective nature of the original Spanish and Mexican grants and the maps upon which they are based, which in most cases must be referred to in locating the confirmed claim, as the decrees of confirmation in but few instances contain an exact description of the tract, referring to the general original grant and map filed for description. When the different condition of this country at the period of making those grants and the present time is considered, the causes of difficulty, leading to frequent disputes and contests about boundaries, will be readily understood. Under the former governments lands were granted in large tracts of comparatively little value. There was no scientific surveying system adopted in connection with these grants, their area being given by rough estimate. When a boundary was not a water-course, a sierra, range of hills, or a valley was accepted as a sufficiently definite designation of limits where a few hundred acres were not worth contending for; and so long as the property remained in the hands of the grantees or their descendants, under Mexican rule, this system was sufficient for the purpose and was acquiesced in. But on the transfer of sovereignty to the United States, and the emigration of our people from the Atlantic side, a new state of things was inaugurated. These ranchos passed into other hands; they were cut up and divided, and, under the enterprise and industry of the new settlers, became in many instances valuable agricultural farms. Our exact surveying system was introduced, and possessions came to be estimated by acres instead of leagues. It then became indispensable to those who had purchased portions of these grants to know the precise limits of their claims. To this end every means in the power of the land department have been employed. The following claims are pending in the General Land Office, from California, July 1, 1880: List of private land claims in California pending in General Land Office. The following case is given as an illustration of California grants as presented to the board of land commissioners for adjudication, including the decrees on title: No. 497. Claim of heirs of Juan Read to Corte de Madera del Presidio. [Translation of Espediente.] Stamp third. Two reales. Provisionally authorized by the commissariat ad interim of the port of Monterey, of Alta California, for the years 1831 and 1832. Reauthorized for the years 1833 and 1834. SENOR GOVERNOR AND SUPERIOR POLITICAL CHIEF: Juan Read, a native of Ireland (of the Roman Catholic religion), and a resident of this Territory for nine years, in the most proper form presents himself before your excellency, and representation makes: That possessing, by the favor of God, 400 head of neat cattle and 60 horses, and desiring a piece of land where I can, without prejudice to a third party, support and increase them, and live quietly and tranquilly in a property under the protection of this Mexican Republic, I ask of your excellency to be so good as to grant me the place called "Sausalito." June 27, 1834. JUAN READ. MONTEREY, July 8, 1834. In conformity with the laws in the matter, the military commandant of San Fran cisco will report if the party interested in this proceeding has the necessary requisites to be attended to in his petition; if the land which is asked for is comprehended in the 20 border leagues, or in the ten litteral, mentioned in the law of August 18th, 1824; if it is irrigable, dependent on the seasons, or pasture land; if it belongs to the property of any private person, corporation, mission, or pueblo; if the petitioner has a letter of naturalization in the United Mexican States; if there has been any other land granted to him before, and whatever else it is believed will illustrate the matter. This done, the espediente will be passed to the Rev. Father minister of the mission of San Rafael, that he may report what occurs to him. The Senor Don José Figueroa, general of brigade, commandant general inspector, and superior political chief of Upper California, thus ordered, decreed, and signed, of which I certify. AGUSTIN V. ZAMORANO, Secretary. JOSÉ FIGUEROA, Senor Superior Political Chief. The land which Don Juan Read, a resident of this jurisdiction, asks for, is included in the 10 litteral leagues mentioned in the law of colonization of August 18th, 1824, and not in the 20 border leagues spoken of in the same law. The lands are irrigable and partly pasture lands in the cañadas formed by the mountains which compose the same; it belongs to no private person, corporation, or pueblo; the petitioner has no letter of naturalization, although he has proved that he has asked one six years ago in the city, and afterwards in this territory, the which, on account of the vicissitudes or changes of the revolutions, he has not been able to procure. He has also proved that he has served some years under the Mexican flag as 1st mate of a vessel, and that he has been settled with his property on this frontier for three years. In the year 1831 there was given him as a loan a piece of land which he afterwards abandoned. He has the requisites to entitle him to be attended to. San Francisco, August 1, 1834. SENOR SUPERIOR POLITICAL CHIEF: NEARIANO G. VALLEJO. The land asked for by Don Juan Read is not among those most important to the mission, although it formerly occupied it with cattle; but in this your excellency will do what you think proper. San Rafael, August 12, 1834. Join this to the foregoing. Friar JOSÉ LORENZO QUIJA. MONTEREY, September 23, 1834. FIGUEROA. Sketch or plan of the grant of "El Corte de Madera del Presidio." SENOR GENERAL OF THE TERRITORY OF UPPER CALIFORNIA: Juan Read, of the Irish nation, before your excellency with due respect presents himself and says: "That not having been able to obtain the place called 'El Sausalito,' he prays you to be so good as to grant him the place of 'El Corte de Madera del Presidio,' to the Punta del Taburon," as shown by the sketch or plan which your excellency has in your possession. Wherefore I pray your excellency to be so good as to grant my petition, by which I shall receive favor and grace. PUEBLO DE SAN RAFAEL, September 4, 1834. JUAN READ. MONTEREY, September 23, 1834. Pass this to the alcalde of this capital, before whom the party of Don Juan Read will produce an examination of suitable witnesses, who will be interrogated on the following points: 1. If the petitioner is a Mexican by birth; if he is married and has children, and if he is of good conduct. 2. If the land asked for belongs to the property of any individual, mission, corporation, or pueblo; if it is irrigable, dependent on the seasons, or pasture land, and the extent it has. 3. If he has stock to put on it, or the possibility of acquiring any. Having finished these proceedings, return this expediente for its decision. Señor Don José Figueroa, general of brigade, commandant general inspector, and superior political chief of the Territory of Upper California, thus ordered, decreed, and signed, of which I certify. AGUSTIN V. ZAMORANO, Secretary. JOSE FIGUEROA. MONTEREY, September 24, 1834. Let testimony of three fit witnesses be taken as directed in the foregoing superior decree of the senor superior political chief. Thus I, the constitutional alcalde, ordered, decreed, and signed, with those of my assistance in the established form. I certify. (Of assistance :) JOSÉ JOAQUIN GOMEZ. MANUEL JIMENO CASARIN. On this date present Don Juan Read was notified of the foregoing order, and, having understood it, said he heard it and signed with me and the witnesses of my assist ance. JUAN READ. CASARIN. (Of assistance :) JOSÉ JOAQUIN GOMEZ. On the same date present Don David Spence took the oath in due form, by which he promised to tell the truth on what he knew, and was asked; and being asked his name, occupation, country, religion, said: his name was as aforesaid; that he was married, 35 years old, a merchant, a native of Scotland, and a Roman Apostolic Cath olic. Being interrogated on the three points mentioned in the superior decree of the señor political chief of the 23d inst., he said that he knew Don Juan Read; that he was a native of Ireland, but was naturalized in the Republic of Mexico; that he was not married, and was of good conduct; that he also knows the land asked for; that it belongs to the property of no individual, mission, corporation or pueblo; that said land is not irrigable, but pasture lands, and dependent on the seasons; that the extent is about a league in length and about half a league in width; that, lastly, the said Don Juan Read has stock with which to stock it; that what he has said is the truth under the oath he has taken, and, having read it, ratifies it as his declaration, and signs with me and the assisting witnesses. DAVID SPENCE. CASARIN. (Of assistance:) JOSÉ JOAQUIN GOMEZ. On the same day present Don Juan Malarin. He was sworn in due form to tell the truth in what he knew and was asked; and being asked his name, condition, age, occupation, country, and religion, said his name was as above; that he was married; 43 years of age; a merchant; and a native of Lima; and a Roman Apostolic Catholic. Being interrogated on the three points mentioned in the superior decree of the señor political chief of the 23d inst., he said that he has known Don Juan Read for seven years; that he is a native of Ireland, but is naturalized in the Mexican Republic; that he is not married; and knows him to be of good conduct; that he also knows the land asked for, and it belongs to the property of no individual mission, pueblo, or any corporation; that it is dependent on the seasons and pasture land, and not irrigable; and that in length it is about a league, and in width about half a league; that, lastly, Don Juan Read has stock with which to stock it; that what he has said is true, under the oath he has taken; and having read, he ratifies this as his declaration, and signs with me and those of my assistance. JUAN MALARIN. On the same day present Don Guillermo Hartnell; he was duly sworn to tell the truth in what he knew and was asked; and being asked his name, condition, age, country, and religion, said his name was as above; that he was married; 36 years of age; a native of England; and a Roman Apostolic Catholic. Being interrogated on the three points mentioned in the superior decree of the señor political chief of the 23d inst., he said that he knows Don Juan Read; he is a native of Ireland, and naturalized in the Mexican Republic; is not married, and is of good conduct; that he also knows the land asked for; it is within his knowledge that it belongs to the property of no individual, mission, pueblo, or corporation; that said land is not irrigable, but is dependent on the seasons, and pasture land; that it is some more than a league long, and about a half a league wide; and, lastly, that the said Don Juan Read has stock with which to stock it; that what he has said is the truth under the oath he has taken, and being read ratifies as his declaration, and signs with me and the witnesses of my assistance. GUILLERMO EDWARD HARTNELL. (Of assistance:) CASARIN. (Of assistance:) JOSÉ JOAQUIN GOMEZ. JOSE AGUILA. MONTEREY, October 2, 1834. Having seen the petition with which is espediente begins the report of the only military authority of the jurisdiction of San Francisco, that of the father minister of the mission of San Rafael, the last exposition of the petitioner, the testimony of witnesses, with all else presented and proper to be seen in conformity with what is directed in the laws and regulations on the matter, Don Juan Read, naturalized in the United Mexican States, is declared owner in fee of the land known by the name of "Corte de Madera del Presidio" to the point of Taburon, bounded by the mission of San Rafael and the port of San Francisco, subject to the conditions stipulated. Let the corresponding dispatch issue, record it in the proper book, and direct this espediente for the due approbation to the most excellent deputation territorial, in which case the party interested, who will be notified of this decree, will present his title anew to have it revalidated. The Señor Don José Figueroa, general of brigade, commandant general inspector, and superior political chief of the Territory of Upper California, thus ordered, decreed, and signed, of which I certify. AGUSTIN V. ZAMARANO, Secretary. JOSÉ FIGUEROA. (Here follows copy of former title to the same as translated in document on page 386, marked B.) AUGUST 27th, 1835. In session of this day the most excellent deputation passed this to the committee on vacant lands. JOSÉ MARIA MALDONADO, FIGUEROA. Secretary. 25 L O-VOL III |