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Petition.

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

THE UNITED STATES

vs.

EMANUEL PRATT.

D. C. 348.-L. C. 235.

The United States, by their attorney, represents that this cause is an appeal from the decision of the board of U. S. land commissioners appointed to ascertain and settle the private land claims in the State of California; that the transcript of the record of proceedings before said commission was filed in this court November 1st, 1855; that a notice of appeal was filed February 11th, 1856; that the land claimed lies in the northern district, and that the claimant's title is invalid.

Wherefore appellants pray that the decision of the said land commission whereby the claim of the appellees was confirmed, may be reversed by this court and said claim be decreed invalid. San Francisco, March 16th, 1857.

Endorsed: Filed March 16th, 1857.

WM. BLANDING,

U. S. Attorney.

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

Decree.

At a stated term of the district court of the United States for the northern district of California, continued and held in and for the said district at the court room of the said court, in the city of San Francisco, on Monday, the sixteenth 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, Appellants,

VS.

EMANUEL PRATT, Appellee.

Decree No. 348.

No. 348. On appeal from the final decision of the board of commissioners to ascertain and settle private land claims in the State of Cal'a.

This cause came on to be heard at a stated term of the court on appeal from the decision of the board of commissioners to ascertain and settle private land claims in the State of California, under an act of Congress approved March 3d, A. D. 1851, upon the transcript of the proceedings and decision of said commissioners, and it appearing to the satisfaction of the court that the said transcript has been duly filed, and the counsel for the respective parties having been heard, it is hereby ordered, adjudged and decreed, that the said decree be and the same is hereby in all things affirmed, and it is

likewise further ordered, adjudged and decreed, that the claim of said appellee is a good and valid claim, and that the said claim be and the same is hereby confirmed to the said appellee, Emanuel Pratt.

The land of which confirmation is hereby given contains three square leagues of land, is called "Socayac," and is situated in the county of Sacramento, and is bounded and described as follows: Commencing on the Cosumne 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 thence one league to the said river; reference being had to the plat accompanying the expediente, and the deposition of J. Bidwell on file in this case.

OGDEN HOFFMAN,

Endorsed Filed March 16th, 1857.

U. S. Dist. Judge.

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

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 24th 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

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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 24, 1857.

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

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 Monday, the 19th day of July, in the year of our Lord one thousand eight hundred and fifty-eight.

Present, the Honorable M. Hall McAllister, circuit judge.

THE UNITED STATES

VS.

EMANUEL PRATT.

D. C. 348.-L. C. 235.

In this case, on application of P. Della Torre, esq., U. S. attorney, it is ordered that an appeal in behalf of the United States from the final decision of the court, rendered in said court at the June, 1856, 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; and the appellants are ordered to serve the usual citation according to law.

M. HALL MCALLISTER,

Judge Cir. Court U. S. districts of California.

Endorsed Filed July 19th, 1858.

Citation.

W. H. CHEVERS, Clerk.

United States of America to Emanuel Pratt, greeting: You are hereby cited and admonished to be and appear at a Supreme Court of the United States, to be holden in Washington, on the first Monday in December next, pursuant to an order of appeal granted on the nineteenth day of July, A. D. 1858, by the Honorable M. Hall McAllister, circuit judge of the United States for the districts of California, and presiding over the district court for the northern district of California, in the discharge of its appellate jurisdiction over the decision of the board of commissioners for the settlement of private land claims in the State of California, in a certain suit wherein the United States are plaintiffs, and you are defendant, on appeal, to show cause, if any there be, why the decision in the said appeal mentioned should not be corrected, and speedy justice should not be done to the parties in that behalf.

Witness my hand and seal at San Francisco, this nineteenth day of July, in the year of our Lord one thousand eight hundred and fifty-eight.

M. HALL MCALLISTER,

Judge Cir. Court U. S. districts of California.

Due service of copy within citation by U. S. marshal admitted this 30th day of July, A. D. 1858.

Endorsed Filed July 30th, 1858.

E. A. LAWRENCE,
Att'y for Claimant.

W. H. CHEVERS, Clerk.

I, W. H. Chevers, clerk of the district court of the United States for the northern district of California, do hereby certify that the annexed and foregoing pages, numbered from 0 to 73, both inclusive, contain a full, true, and correct transcript of the record.

from the board of U. S. land commissioners, and of the pleadings, decree, orders and citation in said court, filed in this office in the case of The United States, appellants, v. Emanuel Pratt, appellee. In testimony whereof, I have hereunto set my hand and affixed the seal of said court, this third day of August, A. D. 1858, and of our independence the 83d. W. H. CHEVERS, Clerk.

[SEAL.]

Filed September 2, 1858.

[REC. CLXXXIV, D. T. 1858.1-6

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