Answer. She has not; that is the only one she has occupied. 6 question. Has she a house or houses on the land? If so, how many? Answer. She had, three years ago, two adobe houses on the place. I do not know how many she has now. She has a large family, and some of her children are married, and are living on the same rancho. VICENTE MIRAMONTES. Mr. Greenhow, associate law agent, was present at the taking of the deposition, but propounded no questions. Subscribed and sworn to before me this 14th day of February, Habilitado provisionalmente por la aduana maritima de Monterey para los años de 1842 y 1843. ALVARADO. [SEAL.] ANTONIO MA. OSIO. Juan B. Alvarado, Gobernador Constitucional del Departamento de las Californias. Por cuanto Da. Ma. Manuela Valencia ha pretendido para su beneficio personal y el de su familia el parage conocido con el nombre de la Boca de la Cañada del Pinole, colindante con el rancho de Don Ygnacio Martinez con el de Julian Wil y con el de Don Candelario Valencia practicadas previamente las diligencias y averiguaciones concernientes segun lo dispuesto por las leyes y reglamentos usando de las facultades que me son conferidas á nombre de la nacion Mexicana he venido en concederle el terreno mencionado declarandole la propiedad de el por las presentes letras sugetandose a la aprovacion de la ex'ma junta departamental, y a las condiciones siguientes: 10. Podra cercarlo sin perjudicar las travecias caminos. Ꭹ servidumbres lo disfrutara libre y esclusivamente destinandolo al uso o cultivo que mas le acomode debiendo ocupar la casa que tenga fabricada. 20. Solicitara del juez respectivo que le de posecion en virtud de este despacho por el cual se demarcaran los linderos en cuyos limites pondra a mas de las mojoneras algunas señales nesesarias. 30. El terreno de que se hace donacion es de tres sitios de ganado mayor poco mas o menos segun esplica el diseño respectivo. El juez qe. le diere la posecion lo hara medir conforme a ordenanza quedando el sobrante que resulte a la nacion para los usos qe. mas le convengan. 40. Si contraviniere á estas condiciones perdera su derecho al terreno y sera denunciable por otro. En consequencia mando que teniendose por firme y valedero este titulo se tome razon de el en el libro respectivo de asientos sobre adjudicaciones de terrenos valdios y se entregue al interesado para su resguardo y demas fines. Dado en Monterey á veinte y uno de Junio de mil ochocientos cuarenta y dos. MAN'L JIMENO, Secretario. JUAN B. ALVARADO. Queda tomada razon de este despacho en el libro de asientos sobre adjudicaciones de terrenos valdios á fojas 14. JIMENO. El Exmo. Señor gobernador ha dispuesto se tome razon de este titulo en la prefectura del primer distrito. Tomese razon. JIMENO. ESTRADA. Queda tomada razon de este sup'r titulo en el cuaderno respectivo de esta oficiria á fojas 7 frente. JOSÉ MARIA CASTAÑARES, Monterey, Junio 22 de 1842. Filed in office Dec'r 13th, 1852. Scrio. Into. GEO. FISHER, Sec'y. B.-Translation of A. Stamp First-Six Dollars. Provisionally authorized by the maritime custom-house of Monterey for the years 1842 and 1843. ALVARADO. [SEAL.] ANTONIO MA. PICO. Juan B. Alvarado, Constitutional Governor of the Department of California, Whereas Mrs. Maria Ma. Valencia has petitioned for her personal benefit, as well as for that of her family, a tract of land known by the name of La Boca de la Cañada de Pinole, being bounded by the rancho of Mr. Ygnacio Martinez, by that of Julian Wil and Mr. Candelario Valencia: All the steps and investigations concerning thereto having been first had as required by laws and regulations, in exercise of the powers granted to me, in the name of the Mexican nation, I have granted to the said Ma. Mana. Valencia the above mentioned tract of land, declaring to her the ownership thereof by these presents, to be subject to the approval of the most honorable the departmental board, and under the following conditions : 1st. She may fence the same without detriment to the crossings, roads and easements, to enjoy it freely and exclusively, devoting it to such use or cultivation as best suits her, and to occupy a house which is to be erected thereon. 2d. She shall solicit the proper officer to give her judicial possession by virtue of this title, by whom the boundaries shall be marked out, at the limits of which she is to place besides the landmarks some other usual marks. 3d. The land granted as aforesaid is of three square leagues, (sitios de ganado mayor,) more or less, as shown by the sketch of the same. The officer who may give her the possession shall cause the same to be measured according to ordinance, the surplus thereof to remain to the nation for other convenient purposes. 4th. If she contravene these conditions, she shall forfeit her right to the land, and will be liable to be denounced by another. Therefore, in order that this title being held firm and valid, a record thereof be made in the respective book on adjudication of government lands, and afterwards let it be delivered to the interested party for her security and other purposes. Given at Monterey on the twenty-first day of June, eighteen hundred and forty-two. (Signed) MANUEL JIMENO, Secretary. JUAN B. ALVARADO. A record of this title has been made in the book of registry on adjudication of government lands, at folio 14. JIMENO. His excellency the governor has directed that a record of this title be made in the office of the prefect of the first district. (Signed) JIMENO. Let a record be made. ESTRADA. A record of this title has been made in the proper book kept in this office on page 7. Monterey, June 22, 1842. Filed in office December 13th, 1852. GEO. FISHER, Secretary. [For map see original, page 13.] OFFICE OF THE SURVEYOR GENERAL OF THE I, Samuel D. King, surveyor general of the United States for the State of California, and, as such, now having in my office and under my custody a portion of the archives of the former Spanish and Mexican Territory or department of Upper California, do hereby certify that the preceding and hereunto annexed page of tracing paper exhibits a true and accurate copy of a map, being part of the expediente entituled Expediente promovido por Doña Maria Manuela Valencia en pretencion del parage nombrado "Boca de la Cañada del Pinole," año de 1842, 284," now on file and forming a part of the said archives in this office. In testimony whereof, I have hereunto signed my name officially, and affixed my private seal, (not having a seal of office,) [SEAL.] at the city of San Francisco, Cal., the 31st day of January, 1853. The Rancho de la Boca del Pinole-Three leagues. The petitioner in this case, for the purpose of deducing title to the land described in her petition, has placed on file the original grant made by Governor Alvarado on the 21st day of June, A. D. 1842, together with a traced copy of a map taken from the surveyor general's office of the United States for the State of California. The certificate of the surveyor general, which accompanies said map, contains the statement that it (the map) is a part of the espediente in that case. The foregoing documents are both proven to be genuine, and embrace all the documentary evidence adduced by the petitioner in this case. There is no proof that any judicial possession of the premises were ever given, or that any approval of said grant was ever made by the departmental assembly. The depositions on file show a long residence on the land by the grantee, and establish very clearly a substantial compliance with the conditions of the grant, and the only obstacle to a confirmation of the claim is to be found in the proof of boundaries. The grant is in the usual form, and with the usual conditions attached, and contains the following descriptions of the land granted. The tract of land is known by the name of the mouth of the Pinole Valley, "coterminous" with the rancho of Don Ygnacio Martinez, with that of Julien Wil, and with that of Candelario Valencia. The 3d condition of the grant assignates the quantity granted as being threes quare leagues, as explained by the respective map, and provides for a sobrante. There being no evidence adduced that any segregation of the land intended to be granted was ever made, the question presents itself whether the description given in the grant, together with the description given on the map, which, by reference, is made a part of the grant, sufficiently describes the land so as to effect its separation from the other lands of a like character, without the aid of the judicial measurement provided for in the third condition, and whether the grant itself is intended to be by metes and bounds. A careful examination of the map referred to will show that it is not more specific than the grant, with the single exception of giving the points of the compass. The map has no scale of distances laid down, and consequently we can have no means of knowing the extent of country intended to be embraced within the delineations of boundary as there made. The map represents the rancho of Dn. Ygnacio Martinez as bounding on the north and northeast, the rancho of Julian Wil as bounding on the east, and the rancho of Candelario Valencia as bounding on the south. There is no designation of boundary of any kind on the west side, and there are no natural objects laid down as boundary marks. For aught that appears on the map, the delineation might embrace only three square leagues, and it might embrace fifty. This commission has no means of ascertaining. It has heretofore been decided that in cases where no judicial measurement had been made, and where, too, a sobrante was provided for, if, from all the papers in the case, it was made to appear that the grant was one by metes and bounds, if the description was sufficiently specific, a decree of confirmation could be entered; but in the case under consideration no such intention can be inferred from the documents on file; on the contrary, I think it is very clearly shown, that it was the intention to grant the specific quantity of three square leagues, and that the same should be taken within the limits as defined on the map, reserving the residue to the nation. If the boundaries were clear and specific, and there was a scale of distances as laid down on the map, by which the quantity might be ascertained with a reasonable degree of certainty, and it appeared that the boundaries did not contain more than the quantity granted, then a segregation by judicial measurement might be dispensed with. But in the case before us no such means can be resorted to, and the party has failed to give us any oral testimony on the subject. If it were true that the boundaries as delineated on the map contained no more than three square leagues, the quantity granted, that fact is certainly susceptible of proof, and it devolved upon the petitioner to show it. This commission has frequently taken occasion to advert to the necessity and importance of the kind of proof just referred to, and |