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ted, are fully established by regularly authenticated documentary evidence from the public archives of the former governments of the county, and by other testimony on file in the case. It is apparent that the land is within the ten littoral leagues, and there is no evidence of any measurement of the track or delivery of possession thereof by any judicial officer of the former government. The objections founded on the last recited facts, and all others urged against the validity of the claim, have been already fully considered by this board and overruled in the case of Cruz Cervantes, No. 56, the opinion in which is on file in the office of the secretary of this commission. In view of all which, and in accordance with the principles of decision prescribed to this board by the act of the 3d of March, 1851, organizing the same, we declare the claim to be valid, and that it ought to be confirmed to the claimants. Commissioner Hall concurs in the result thus announced. Whereupon we now make the following decree of final confirmation, viz. HARRY J. THORNTON.

Decree of Final Confirmation.

This board, upon full consideration of the various grounds affecting the validity of the said claim, having come to the conclusion that the same is valid, therefore now proceeds to mak, and does hereby make the following decree or report of final confirmation, viz: It is decreed that the said claim be confirmed to the claimants to the extent and quantity of five (5) square leagues, or sitios de ganado mayor, and for no more, being the same land described in the grant and expediente referred to therein, and of which possession was proved to have been held and enjoyed under the said grant: Provided, that the said quantity of land granted and now here confirmed be contained within the boundaries called for in the said grant; and if there be less than the said above named quantity within the said bounds, then we confirm to the claimant that less quantity, it being apparent that said quantity exceeds the minimum of two hundred varas, as prescribed by the ordinance of 21st November, 1828.

HILAND. HALL,
HARRY J. THORNTON,
Commissioners.

Filed in office December 23d, 1852. (Signed)

GEO. FISHER, Sec'y.

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 twenty-six pages, numbered from 1 to 26, 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, case No. 199 on the docket of the said board, wherein Charles Mayer et al. are the claimants, against the United States, for the place known by the name of Rancho De German.

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-third day of February, A. D. 1854, and of the independence of the United States of America the seventy-eighth. GEO. FISHER, Sec'y.

[SEAL.]

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You will please take notice, that an appeal in the above case (a transcript of the proceedings in which was received at this office on the 15th of March, 1854,) from the decision of the commissioners to ascertain and settle the private land claims in the State of California, to the district court of the United States for the northern district of California, will be prosecuted by the United States.

Endorsed: Filed Aug. 21, 1854.

C. CUSHING, Attorney General U. S.

JOHN A. MONROE, Clerk.

Petition.

To the honorable District Court of the United States in and for the northern district of California.

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The petition of the United States, by their attorney, represents that this cause is an application for a review of the decision of the board of commissioners, whereby the claim of the said appellee was confirmed, as appears by reference to the records in the case; that a transcript of the said records was filed in this court on the day of ; that a notice of appeal was filed on the

day of ; and that the land claimed lies in the said district; that the said claim is invalid: Wherefore appellants pray that the said decision of the board be reversed, and that this court decree the said title to be invalid. Respectfully, &c.,

A. GLASSELL,
Ass't U. S. Att'y.

JOHN A. MONROE, Clerk.

Endorsed: Filed June 20, 1855.

Answer.

District Court of the United States, northern district of California. THE UNITED STATES

VS.

CHARLES MEYER.

No. 15. (L. C. Docket No. 199.)

Charles Meyer, the appellee and claimant in the above entitled cause, in answer to the petition therein filed, avers and says that his title to the land therein claimed is valid.

He therefore prays that the decision of the board of land commissioners be affirmed, and the title of the said claimant be decreed to be valid.

J. CLARKE,
Att'y for Claimant.

Endorsed: Filed June 27, 1855.

JOHN A. MONROE, Clerk.

Opinion delivered by the Hon. M. H. McAllister, Circuit Judge. District Court United States for the northern district of California. THE UNITED STATES, Appellants,

VS.

CHARLES MEYER, WILLIAM BENNETZ,
CARLOS T. GLEIN, HAND, AND
DUNCAN, Appellees.

On the 8th April, 1846, a grant was issued, in conformity with the colonization law of mexico of 18th August, 1824, and the general regulations of November 21, 1828, to one Ernesto Rufus, by Governor Pio Pico, by which the location called "Rancho de German," in the frontier of Sonoma, at the north of the department, and above the establishment of Russ, was granted to the said Rufus on the 2d day of June, 1846; the grant was approved by the departmental assembly.

Among the usual conditions annexed to the Mexican grants the following was attached to the one in question:

"The tract of land granted in an area of five square leagues, (sitios de ganado mayor;) the judge who shall give possession of it shall have it measured conformable to ordinances, leaving the surplus that may result to the nation for convenient purposes."

The genuineness of the grant, and the authority of the grantor,

are authenticated by documentary evidence from the public archives.

Indeed, as the case, like many others, have been submitted by the district attorney United States, with the understanding that where no objection is made to the genuineness of the signatures to the grant, the production of the original in this court is dispensed with, the authenticity of the documentary title in this case may be considered as established. The grantee in this case, Ernest Rufus, is the only witness sworn. He proves his having taken out the grant; proves the expediente on file to be a correct copy of the original, having previously compared them; states that he was in possession of the land prior to the issuance of the grant to him, and that he continued in possession until 1849, when he sold the rancho to the appellees. This witness also states that he built a dwelling-house and several Indian habitations within one year from the date of the grant; that he built a mill on the land, which was completed within fifteen months from that date, and that he cultivated about forty acres of the land in grain, besides having cattle on it; and that appellees went into possession of the land at the time they purchased, and remain in possession at the present time.

Under the testimony, a full compliance with the conditions of the grant, with the single exception of not having obtained judicial possession, is established. The witness stated he applied to the alcalde of Sonoma for judicial possession, who postponed giving it, on the ground that he had other lands to survey in that vicinity, when he would comply with the wishes of witness; but the American war breaking out, the alcalde resigned, and witness was not able to obtain the judicial possession. Under the decisions previously made by this court, the failure to obtain such possession cannot, under the circumstances of this case, operate to invalidate the claim. The remaining objection is, that the land granted is situate within ten leagues of the seashore; upon this point the doctrine enunciated in the case of the United States vs. Cervantes must be decreed the settled rule of this court until reversed by a higher tribunal. The decision of the commissioners in favor of this claim must be therefore affirmed.

Decree.

In the District Court of the United States for the northern district

THE UNITED STATES

VS.

CHARLES MEYER et al.

of California.

No. 15. Decree. Stated term, September 10th, 1855.

Appeal from the final decision of the commissioners to ascertain and settle private land claims in California.

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This cause came on to be heard at a stated term of this court, on appeal from the final decision of the commissioners to ascertain

and settle private land claims in the State of California, under the act of Congress approved 3d March, 1851, upon the transcript of the proceedings and decision, and the papers and evidence on which said decision was founded; and it appearing to this court that said transcript has been duly filed according to law, and counsel for the respective parties having appeared, it is hereby ordered, adjudged, and decreed, that the decision of the said commissioners be hereby affirmed; and it is further hereby ordered, adjudged, and decreed, that the claim of the appellees be confirmed to them to the extent and quantity of five (5) square leagues and no more, being the same land described in the grant and expediente filed herein, and of which possession was proved to have been held and enjoyed under said grant: Provided said quantity of land be contained within the boundaries called for in said grant; and if there be less than the said above named quantity within the said boundaries, then said less quantity is hereby ordered, adjudged, and decreed to the said appellees.

M. HALL MCALLISTER,
Judge Cir. Court U. S. for dist's of Cal'a.
OGDEN HOFFMAN, JR.,

Endorsed: Filed September 10th, 1855

U. S. Dist. Judge.

JOHN A. MONROE, Clerk.

Order granting Appeal.

At a stated term of the district court of the United States of America for the northern district of California, held at the courtroom, in the city of San Francisco, on Tuesday, the twenty-fourth day of March, in the year of our Lord one thousand eight hundred and fifty-seven present, the Honorable Ogden Hoffman, district judge.

THE UNITED STATES

VS.

CHARLES MEYER et al.

D. C. 15.-L. C. 199.

In this case, on application of the United States attorney, made in open court, it is ordered by the court that an appeal in behalf of the United States, from the final decision of this court, rendered at the present term, be and the same is hereby granted, and that a certified transcript of the pleadings, evidence, depositions, and proceedings in the said cause be sent to the Supreme Court of the United States, without delay.

Endorsed: Filed March 24th, 1857.

JOHN A. MONROE, Clerk. By W. H. CHEVERS, Deputy.

[REC. CCLVII, D. T., 1857.]-3

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