Micheltorena, governor of California, to John Chamberlain, together with the appurtenances thereunto belonging, or in anywise appertaining; to have and to hold the same to the said party of the second part, his heirs and assigns forever; and the said McCoon, for himself, his heirs, executors, administrators and assigns, covenants to and with the said party of the second part, his heirs and assigns, that he will forever warrant and defend the premises aforesaid against the lawful claims of all and every person or persons whomsoever, claiming or to claim from, by or under him or them.

In testimony whereof, the party of the first part has hereunto set his hand and seal the day and year first above written. PERRY MCCOON.

In presence of

STATE OF CALIFORNIA,

Sacramento County, ss.

On this 25th day of November, A. D. 1850, personally before me, a justice of the peace in and for said county, Perry McCoon, known to me to be the person described in and who executed the foregoing instrument, who acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned.

Given under my hand at Sacramento city, this 25th day of November, A. D. 1850.

This indenture, made and entered into this 28th day of October, A. D. 1850, by and between George McKinstry, jr., of rancho de Socayac, of the State of California, of the first part, and Emanuel Pratt, of the city of Sacramento, State aforesaid, of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of five thousand dollars, cash in hand paid, the receipt whereof is hereby acknowledged by the said McKinstry, has bargained and sold, and by these presents do bargain, sell, convey, and confirm unto the said party of the second part, his heirs and assigns forever, all the interest, right, title, and claim of the said party of the first part of, in, and to the tract, parcel, or piece of land lying and being on the Cosumnes river, State aforesaid, and known as the rancho "Socayac," granted by Micheltorena, governor of California, to John Chamberlain, together with the appurtenances thereto belonging, or in anywise appertaining; to have and to hold the same to the said Pratt, his heirs and assigns, forever; and the said McKinstry for himself, his heirs and [REC. CLXXXIV, D. T., 1858.7-5

assigns, covenants to and with the said Pratt, that he will forever warrant and defend the same against the lawful claims of all and every person whatsoever claiming under him.

In testimony whereof, the said party of the first part has hereunto set his hand and seal on the day and year aforesaid. GE. McKINSTRY.

In presence of

E. J. ARMSTRONG.

STATE OF CALIFORNIA,

Sacramento county.

On this 11th day of November, A. D. 1850, personally appeared before me, a notary public, in and for said county, Geo. McKinsknown to me to be the person described in, and who executed the foregoing instrument, and acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes thereon mentioned.

try,

Given under my hand and seal the day and year aforesaid.

GEO. S. FEAKE, Notary Public Sac. city, Cal.

Filed Dec. 12, 1850, at 5 o'c. p. m., and recorded in book J of deeds, page 57, of records of Sac'o co., Cal.

L. A. BIRDSALL,

Filed in office, May 21, 1852.

Recorder.

GEO. FISHER, Sec'y.

STATE OF CALIFORNIA,

Affidavit of John C. Hays.

County of San Francisco, ss.

John C. Hays, of said county, being sworn, says he is surveyor general of said State, and keeper of the public archives thereof; that there is on file in his office an espediente of a tract of the rancho de "Socayac," issued by Micheltorena to Juan Chamberlain, dated December 224, 1844; that there is endorsed thereon in the handwriting and over the signature of Samuel D. King, surveyor general: "Note.-These papers were filed in the archives this 8th day of May, 1-52, at the request of Judge Morse, who deposited them for that purpose. Surveyor General's office, San Francisco.

"SAM'L D. KING, Sur. Gen'l."

That he is acquainted with the signature of said Samuel D. King, and knows the one above mentioned to be his; that he was surveyor gen'l and keeper of said archives at the time said endorsement bears date; that said papers appear to have been filed at that time. And this deponent further says, that he holds said papers as part of the public archives in the surveyor general's office, and

that he refuses to permit them to be taken out of his possession for the purpose of being filed as evidence in a cause now pending before the U. S. land commissioners, wherein Emanuel Pratt is claimant for said rancho, and numbered 235. JOHN C. HAYS.

Sworn and subscribed before me, this 18th day of August, A. D. 1854.

It it hereby stipulated that the foregoing affidavit may be used on the trial of this case, the same as if it were a deposition taken before the commissioner, and in the presence of the law agent, waiving oath.

August 21st, 1854.

Filed in office, Aug. 21, 1854.

EMANUEL PRATT

VS.

THE UNITED STATES.

J. H. McKUNE, Law Agent.

GEO. FISHER, Sec'y.

U. S. Land Commission.

No. 235.

It is hereby stipulated, that it will be admitted on the trial of this cause, that the original papers in this cause, of which "Expediente B," herein, is a copy, now filed by P. A. Morse, attorney for claimant, in the archives of the surveyor genl's office, on the 8th day of May, A. D. 1852.

July 29, 1854.

Filed in office July 29, 1854. (Signed)

J. H. McKUNE, Law Agent.

GEO. FISHER, Sec'y.

Opinion of Board by Com'r Farwell.

EMANUEL PRATT

VS.

THE UNITED STATES.

For a place called "Socayac," in the county of Sacramento, containing three square leagues.

This case is based upon a grant issued to Governor Micheltorena, on the 22d day of December, 1844, for the benefit of several persons that had previously made applications for grants, and had at that date received the proper recommendation from Capt. John A. Sutter, and in support of which claim the petitioner has offered in evidence a traced copy of an espediente of one John Chamberlain, dated the 27th day of March, 1844, together with the report of Capt. Sutter and the secretary of state, recommending the issue of the grant, and also a map of the land asked for, which documents are on file in the office of the surveyor general of the United States, and constitute a part of the records thereof.

The petitioner has also offered in evidence the following deeds of conveyance for the place in question, to wit: a deed from the grantee, John Chamberlain, to Perry McCoon, dated the 29th day of March, 1846, and from the said McCoon to George McKinstry, dated the 25th November, and from the said McKinstry to the present claimant of date October 28th, 1850, all of which said deeds are properly authenticated. The grant upon which this claim is based is one that has been denominated the general title, and has already received the consideration of this board, and been adjudged to be valid, and the proofs in the case are such as to leave no doubt that the application of the said Chamberlain for the place in question was one included in said grant.

The evidence also shows very certainly that the conditions of the grant were performed, and the boundaries sufficiently established so as to leave no difficulty in locating the land. We think this a valid claim, and a decree of confirmation will be entered herein. (Confirmed.)

In this case, on hearing the proofs and allegations, it is adjudged by the commission that the claim of the petitioner is valid, and it is therefore decreed that his application for a confirmation thereof be allowed.

The land of which confirmation is hereby given contain three square leagues, is called "Socayac," and is situated in the county of Sacramento, and bounded as follows:

Commencing on the Cosumnes river at a certain tree, near but just above a slough that empties into the river on the north side; thence up said river three leagues; thence at right angles with said river one league; thence down and parallel with the general course of said river three leagues, and from thence one league to the said river; reference being had to the plat accompanying the espediente and the deposition of J. Bidwell on file in this case. R. AUG. THOMPSON, S. B. FARWELL,

Filed in office, July 10, 1855.

Commissioners.

GEO. FISHER, Sec'y.

Order.

And it appearing to the satisfaction of the board that the land hereby adjudicated is situated in the northern district of California,

it is hereby ordered that two transcripts of the proceedings and decision in this case, and of the papers and evidence upon which the same are founded, be made out and duly certified by the secretary, one of which transcripts shall be filed with the clerk of the United States district court for the northern judicial district of California, and the other be transmitted to the Attorney General of the United States.

Secretary's Certificate.

OFFICE OF THE BOARD OF COMMISSIONERS To ascertain and settle the private land claims in the State of Cal' a. I, George Fisher, secretary to the board of commissioners to ascertain and settle the private land claims in the State of California, do hereby certify the foregoing sixty-two pages, numbered from 1 to 62, both inclusive, to contain a true, correct, and full transcript of the record of the proceedings and of the decision of the said board, of the documentary evidence, and of the testimony of the witnesses upon which the same is founded, on file in this office, in case No. 235 on the docket of the said board, wherein Emanuel Pratt is the claimant against the United States, for the place known by the name of "Socayac."

In testimony whereof, I hereunto set my hand and affix my private seal, (not having a seal of office,) at San Francisco, California, this twenty-first day of November, A. D. 1855, and of the independence of the United States of America the eightieth.

[SEAL.]

Endorsed Filed December 1st, 1855.

GEO. FISHER, Sec'y.

JOHN A. MONROE, Clerk.

Notice of Appeal.

235.-"Socayac."

OFFICE OF THE ATTORNEY GENERAL OF THE UNITED STATES,

Washington, 31st December, 1855.

You will please take notice that in the above case, decided by the commissioners to ascertain and settle private land claims in the State of California in favor of the claimant, and a transcript of the proceedings in which was received in this office on the 18th day of December, 1855, the appeal in the district court of the United States for the northern district of California will be prosecuted by the United States.

Endorsed: February 11th, 1856.

C. CUSHING.

Attorney General.

JOHN A. MONROE. By W. H. CHEVERS.