petition, dated September 4, 1834, for the land claimed in this case, and after proceedings to obtain information on the subject, the governor issued to him a grant, which is given in evidence, and bears date October 2, 1834. In August following the territorial deputation approved the grant, and judicial possession was given under it, as appears by the documentary proof thereof filed in the case on the 28th day of November, 1835. It appears from the testimony in the case that said Juan Read had a house on the place as early as 1833, in which he lived with his family; that he continued to reside there until his death, and after his decease his family remained in possession, and the representatives of his heirs still occupy the place. There is also proof of cultivation and improvements on the premises. By the testimony of Fancisco Sanchez and J. J. Papy, the death of said Juan Read and the right of the present claimants, as his widow and children, and his only heirs, are proved. They are entitled to a decree of confirmation. In this case, on hearing the proofs and allegations, it is adjudged by the commission that the said claim of the petitioners is valid, and it is therefore hereby decreed that the same be confirmed. The land of which confirmation is hereby made is the same on which said Juan Read resided in his life-time; is known by the name of Corte de Madera del Presidio; is situated in Marin county, and bounded as follows, to wit: Commencing from the solar which faces west at a point at the slope and foot of the hills which lie in that direction, and on the edge of the forest of red-woods, called Corte de Madera del Presidio, and running from thence in a northwardly direction four thousand five hundred varas to an arroyo called Holom, where is another forest of red-woods called Corte de Madera de San Pablo; thence by the waters of said arroyo and the bay of San Francisco, ten thousand varas to the Point Taburon, said point serving as a mark and limit; thence running along the borders of said bay and continuing in a westerly direction along the shore of the bay formed by Point Caballos and Point Taburon, four thousand seven hundred varas to the mouth of the Cañada and the point of the "Sausal" which is near the estero lying east of the house on said premises, which was occupied by said Juan Read in November, 1835, and thence continuing the measurement from east to west along the last line eight hundred varas to the place of beginning; containing one square league of land, be the same more or less; being the same land described in the testimonial of juridical possession on file in this case, as having been measured to said Juan Read under a grant of the same to him; to which testimonial and the map therein referred to, and constituting a part of the espediente, a traced copy of which is filed in the case, reference is to be had. Filed in office June 13, 1854. ALPHEUS FELCH, GEO. FISHER, Secretary. In the United States district court for the northern district of California. Stated term, January 14, 1856. THE UNITED STATES, APPELLANTS, V. HEIRS OF JOHN READ, APPELLEES. } "Corte de Madera del Presidio." Transcript from board of coms., No. 497. On appeal from the final decision of the board of commissioners to ascertain and settle private land-claims in the State of California. Decree. This cause came on to be heard at a stated term of the court, on appeal from the final decision of the board of commissioners to ascertain and settle the private land-claims in the State of California, under the act of Congress, approved on the 3d day of March, A. D. 1851, upon the transcript of the proceedings and decision of the board of commissioners, and the papers and evidence on which the said decision was founded; and it appearing to the court that the said transcript has been duly filed, according to law, and counsel for the respective parties having been heard, it is, by the court, hereby ordered, adjudged, and decreed that the said decision be, and the same is hereby, in all things affirmed; and it is likewise further ordered, adjudged, and decreed, that the claim of the appellees is a good and valid claim, and that the said claim be, and the same is hereby, confirmed to the extent and quantity of one square league, being the same land described in the grant and of which the possession was proved to have been long enjoyed: Provided, that the said quantity of one square league, now confirmed to the claimants, be contained within the boundaries called for in the said grant, and the map to which the grant refers; and if there be less than that quantity within the said boundaries, then we confirm to the claimants that less quantity. OGDEN HOFFMAN, Jr., U. S. District Judge. Endorsed: Filed January 14, 1856. W. H. CHEVERS, Deputy Clerk. At a stated term of the district court of the United States of America for the district of California, held at the court-room, in the city of San Francisco, on Thursday, the second day of April, in the year of our Lord one thousand eight hundred and fifty-seven. Present: The Honorable Ogden Hoffman, district judge. The Attorney General of the United States having given notice that appeal will not be prosecuted in this case, and a stipulation to that effect having been entered into by the U. S. Attorney : On motion by the district attorney it is Ordered, adjudged and decreed that the claimants have leave to proceed under the decree of this court heretofore rendered in their favor as under final decree. OGDEN HOFFMAN, U. S. District Judge. Endorsed: Filed April 2, 1857. JOHN A. MONROE, Clerk. I, George E. Whitney, clerk of the circuit court of the United States for the district of California, and ex officio clerk of the district court of the United States in and for said district, hereby certify that the foregoing is a full and true copy of the decree and order vacating appeal in the above-entitled action, filed in my office. Attest my hand and the seal of said district court this 25th of Nov., A. D. 1867. GEO. E. WHITNEY, Clerk. By A. D. SMITH, Deputy Clerk. DEPARTMENT OF THE INTERIOR, J. R. HARDENBERGH, U. S. Surveyor General, San Francisco, California: SIR:-This office has carefully examined the case of the survey of rancho "Corte de Madera del Presidio," heirs of John Read confirmees. It is deemed unnecessary to recite in extenso the initial proceedings under the Mexican government, and the subsequent action of the board of land commissioners and of the judiciary upon title and survey, as this has been done at sufficient length in the letter from this office of 11th March, 1868, to the surveyor general, and his report of 26th February, 1870. It is proper, however, to state briefly: 1st. That Read's application, dated 4th of September, 1834, to the Mexican government was for the place called Corte de Madera del Presidio, as shown by the sketch or plan he presented. (Record of Evidence, vol. 13, p. 218.) 2d. The Governor passed the petition to the alcalde for report, among other things, as to the extent of the tract petitioned for. (Record of Evidence, vol. 13, p. 223.) 3d. David Spence, Juan Malarin, and Guillermo E. Hartnell were examined on oath by the Mexican authorities in reference to the points of inquiry by the governor, and all designated the tract as about a league long and about half a league wide. 4th. The grant, dated 2d October, 1834, mentions the land granted as “one square league, a little more or less, as shown on the map which goes with the espediente," and directs “that the magistrate who may give the possession will cause it to be measured in conformity with the order to mark out the boundaries, leaving the surplus which may result to the nation for its convenient uses.” (Record of Evidence, vol. 13, p. 223.) The claimants in this case, who apply for extension of survey beyond the quantity of one square league, contend that the mention of that quantity in the original proceedings under the Mexican government, and subsequent proceedings by the board and courts, is merely a conjectural estimate, and not controlling, but that, on the other hand, the boundaries mentioned are controlling. On this point the U. S. Supreme Court, in the case of Yontz v. United States, (23 Howard, p. 497,) held that "if it be true that the boundaries are conclusively defined in the grant, then no surplus could be thrown off by the survey. But if two" (one league in this case) "leagues are to be surveyed within larger limits, then the clause "reserving the surplus which may remain to the nation for its convenient uses," is consistent. * * 5th. The alcalde, Francisco de Haro, who gave juridical possession, is particular to state that "the square league of land which the rancho of Corte de Madera contains, forms a square of twenty thousand Castillian varas, "regulated by said measure"-meaning the measurement made when juridical possession was given-and the record shows that the unusually specific certificate of the alcalde was specially asked for by the claimant Read." (Record of Evidence, vol. 13, p. 229.) 0th. The U. S. district court, on 14th January, 1856, decreed that the decision of the board of land commissioners be in all things affirmed," and further decreed that the said claim be "confirmed to the extent and quantity of one square league." The counsel for the ranch claimants contend that the terms in the decree of confirmation by court, "the said decision" (of the board) “be, and the same is hereby, in all things affirmed," are conclusive, as compelling a survey to include all the land within the limits of juridical measurement, and that the terms" to the extent and quantity of one square league" in said judicial decree are not to be regarded as a limitation to that quantity, in the absence of the further terms of limitation "and no more," sometimes found in the decrees of court. This office fails to see how a decree for "one square league" would be more specific if the terms used were " one square league and no more," as a square league represents a determinate number of acres. 7th. A survey was made in October, 1858, by R. C. Mathewson, and approved September 19, 1859, by Surveyor General J. W. Mandeville, which embraces 4,460.24 acres, or 21.56 acres in excess of one square league. 8th. This survey was brought before the U. S. district court upon exceptions thereto by the claimants, and said court, supposing it had jurisdiction, overruled the exceptions and confirmed the survey September 28, 1865. This certainly shows what was the judicial interpretation of the decree of court confirming title in respect both to extent and location. It is true that the same court afterward, October 16, 1865, set aside the aforesaid order approving survey, for the reason that said order was "entered under misapprehension." The surveyor general in his report of 26th February, 1870, gives as the reason for the last-mentioned action of the court" the want of jurisdiction." The resident counsel for claimants, Messrs. Britton & Gray, allege that the reason stated by the surveyor general is erroneous, and that the approval of survey was not set aside "for want of jurisdiction in the court," but in view of the fact that the U. S. Supreme Court in the case of United States v. Sepulveda, (1 Wallace, p. 104,) ruled that surveys of this class did not come within the jurisdiction of the U. S. district court, and in the absence of any reason being given by the court itself other than "misapprehension," I am inclined to believe the reason assigned by the surveyor general was the correct one. When the survey was before the court, upon exceptions thereto, the arguments now produced here were doubtless urged there, so that there would scarcely have been misapprehension of the facts in the case. The survey is before us under the act of 1st July, 1864, requiring approval by the Commissioner of the General Land-Office to become final; and after a very careful examination of the matter, this office is of opinion, and so decides, that the confirmatory judicial decree limits the area to one square league, and that the survey executed by R. C. Mathewson, deputy surveyor, in October, 1858, and approved by the surveyor general September 19, 1859, should be approved as the final and correct survey of the rancho in question, the surveyor general's decision of 26th February, 1870, in these respects being affirmed. You will notify all parties interested of this decision, and allow thirty days from service of notice for appeal to the Secretary of the Interior, after which you will report the result; and if appeal be taken within that period you will promptly, on its expiration, forward to this office all papers that may be filed with you for transmission to the Department. In the mean time you will please acknowledge the receipt of this. Very respectfully, your obedient servant, WILLIS DRUMMOND, Commissioner. No. 480. RANCHO SAN BARNABE. No ex Survey made prior and approved subsequent to the act of June 14, 1860, (12 Stat., 35,) and published in accordance with that act. ceptions filed in the District Court. Held-That the survey was final. Cites 12 Op. of Atty. Gen'l., 251, and decision of Secretary of the Interior, June 26, 1867, in case of Rancho Corral de Piedra. Decision by Acting Secretary Cowen, Feby. 10, 1872. No. 481. PUEBLO LANDS. Patents for Pueblo lands should issue to such corporations or other bodies of persons as are entitled to them, the survey of which has been approved by the proper officers. DEPARTMENT OF THE INTERIOR, Washington, D. C., 15th Feb., 1872. SIR: I have received your letter of the 10th instant, in which you state that your immediate predecessor held that the act of March 3d, 1851, (9 Stat., 631,) did not authorize the issuing of patents to municipal corporations or other bodies or parties entitled to Pueblo lands in California, the survey of which had been finally approved by the proper officials. You intimate a doubt as to the correctness of that construction of the act, and desire an expression of opinion from the Department. I have carefully considered the subject and am of opinion that patents should issue to such corporations or other bodies of persons as are entitled to Pueblo lands, the survey of which has been finally approved by the proper officers. The 13th section provides, that for all claims finally confirmed a patent shall issue to the claimant, upon his presenting an authentic certificate of such confirmation and a survey duly certified and approved by the Surveyor General. The 14th section makes some exceptions to this rule, but does not provide that a patent shall not issue to the proper parties entitled to the Pueblo lands. It does provide that the provisions of the act shall not apply to any town lot, farm lot, or pasture lot, held under a grant from any corporation or town to which lands may have been granted for the establishment of a town by the Spanish or Mexican government, or the lawful authorities thereof, nor to any city or town, or village lot, which city, town or village existed on the 7th day of July, 1846, and requires in all such cases that the claim for such lands shall be presented by the corporate authorities of the town, or where the land on which the city, town, or village is situated was originally granted to an individual, that the claim shall be presented by the individual. This section was intended to point out who, in the cases therein mentioned, should present the claims to the Board. When presented as pointed out in said section, the claims were to be treated like any other claims, and if confirmed and duly surveyed, were to be patented. I think there can be no doubt that this was the intention of the lawmakers. You will hereafter follow this construction. Very respectfully, B. R COWEN, Acting Secretary. HON. WILLIS DRUMMOND, Commissioner General Land Office. No. 482. RANCHO TAJAUTA. Ranch surveyed in 1858. Survey approved by the Surveyor General Sept. 17, 1860, by endorsement on the plat. Published four weeks in Los Angeles and San Bernardino. No order to return survey into court. Held-That the date of approval should be taken as the date of survey. That although Los Angeles was the nearest town to the land, the law required one notice to be published in that place and the other in the nearest town, and did not require both notices to be published in Los Angeles. The Surveyor General may approve a survey by publishing a notice that he has approved, as well as by endorsing his approval on the plat. DEPARTMENT OF THE INTERIOR, Washington, D. C., February 21, 1872. SIR-I have had under consideration the appeal from the decision of the Commissioner of the General Land-Office, in the matter of the survey of the rancho "Tajauta." This rancho was surveyed in 1858 by Henry Hancock, Deputy U. S. Surveyor, and found to contain 3,559% acres. This survey was approved by the Surveyor General (the indorsement of his approval being made on the plat on the 17th of September, 1860,) and was published four successive weeks in two newspapers, one published in Los Angeles and the other in San Bernardino. It was retained in the Survey or |