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SUPREME COURT OF THE UNITED STATES.

No. 191.

THE UNITED STATES, APPELLANTS,

VS.

MARIA MANUELA VALENCIA.

APPEAL FROM THE DISTRICT COURT U. S. FOR THE NORTHERN DISTRICT OF

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OFFICE OF THE BOARD OF COMMISSIONERS

To ascertain and settle the private land claims in the State of Cal’a.

Be it remembered, that on this thirteenth day of December, anno Domini one thousand eight hundred and fifty-two, before the commissioners to ascertain and settle the private land claims in the State of California, sitting as a board in the city of San Francisco, in the State aforesaid, in the United States of America, the following proceedings were had, to wit:

The petition of Maria Manuela Valencia for the place named "Boca de Cañada del Pinole,' was presented, and ordered to be filed and docketed with No. 490, and is as follows, to wit:

(Vide page 3 of this Transcript.)

Upon which petition the following subsequent proceedings were had in their chronological order, to wit:

SAN FRANCISCO, March 30, 1853.

In case No. 490, Maria Manuela Valencia, for the place named "Boca de Cañada del Pinole," the deposition of Juan B. Alvarado, a witness in behalf of the claimant, taken before Commissioner Harry J. Thornton, with document marked H. J. T., Exhibit A, annexed thereto, was filed.

(Vide page 4 of this Transcript.)

SAN FRANCISCO, Feb. 14, 1854. In the same case the deposition of Vicente Miramontes, a witness in behalf of the claimant, taken before Commissioner Alpheus Felch, was filed.

(Vide page 5 of this Transcript.)

SAN FRANCISCO, May 2d, 1854.

Case No. 490 was called, submitted on briefs, and taken under advisement by the board.

SAN FRANCISCO, May 16, 1854.

In the same case Commissioner Thompson Campbell delivered the opinion of the board, rejecting the claim.

(Vide page 13 of this Transcript.)

SAN FRANCISCO, Aug. 15, 1854.

In the same case, on motion of the U. S. law agent, the following order was made, to wit:

(Vide page 17 of this Transcript.)

Petition.

To the honorable the Commissioners for ascertaining and settling private land claims in the State of California.

The petition of Doña Maria Manuela Valencia respectfully [REC. CXCI, D. T. 1858.-1

represents: That on 21st day of June, A. D. 1842, Juan B. Alvarado, constitutional governor of the department of the Californias, granted to your petitioner in accordance with law, and under certain conditions specified in said grant, to which reference is hereby made, the tract of land known under the name of "Boca de Cañada del Pinole," adjoining and continuous with the rancho of Don Ygnacio Martinez, with that of Julian Wil, and with that of Don Candelario Valencia; said tract containing three square leagues, (x res sitios de ganado mayor,) more or less, and situated in the county of Contra Costa.

Petitioner represents that she has complied with all the requirements and conditions of said grant, as set forth in said grant, which is hereto annexed.

Petitioner further represents, that there is no claim interfering with her rights to her knowledge, and that she has had the uninterrupted possession of said tract from the time the grant was made (having been put in possession by the proper officer) up to this time.

Petitioner therefore prays that her claim may be examined, and that the said tract of land, as described herein and in the annexed grant, may be confirmed; and, as in duty bound, your petitioner will ever pray.

Filed in office Dec. 13th, 1852.

Claim No. 490.

JAS. NAUTREE, Att'y for Maria M. Valencia.

GEO. FISHER, Sec'y.

Deposition of J. B. Alvarado.

SAN FRANCISCO, March 30, 1853.

On this day, before Commissioner H. J. Thornton, came Juan B. Alvarado, a witness on behalf of the claimant, Maria Manuela Valencia, petition No. 490, and was duly sworn, his evidence being interpreted by the secretary.

Questions by Claimant's Counsel.

1st question. What is your name, age, and place of residence? Answer. My name is Juan Bautista Alvarado; I am forty-three years of age, and reside in San Pablo Contra Costa.

2d question. You are here shown the original grant of three leagues, more or less, of land, to Doña Maria Manuel Valencia, known as Boca de la Cañada del Pinole, executed on the 21st day of June, 1842, and marked A, and hereunto annexed. Please state whether the signatures of yourself, that of your secretary, Man'l Jimeno, that of José Maria Castanares, that of Estrada, and that of Antonio Maria Pico, are genuine or not?

Answer. I have made the grant myself; my signature thereto is

genuine. All the other signatures I know; I have seen them often; have seen Jimeno, Pico, Castanares, and Estrada write, and I know that their signatures to this deed are genuine.

2d question. Was Doña Maria Ma. Valencia in possession of this land granted to her, long before this deed was made to her; if so, how many years?

Answer. It is to my knowledge that she has been in possession of this land previous to the year of 1831, eighteen hundred and thirty-one.

2d question. Is she now, and did she always, occupy said land, and is she still in possession of said land?

Answer. She has always occupied, and is now occupying, said land.

JUAN B. ALVARADO.

U. S. law agent present.
Sworn to and subscribed before me this 30th of March, 1853.
HARRY J. THORNTON, Com'r, &c.

Filed in office March 30, 1853.

GEO. FISHER, Sec'y.

Deposition of Vicente Miramontes.

UNITED STATES LAND COMMISSION,
San Francisco, Feb. 14, 1854.

On this day, before Com'r Alpheus Felch, came Vicente Miramontes, a witness in behalf of the claimant, Maria Manuela Vilencia, case No. 490, who, after being duly sworn, deposed as follows, his evidence being interpreted by the secretary.

Questions by Mr. Nautree, Attorney for Claimant.

1st question. Please state your name, age, and place of residence.

Answer. My name is Vicente Miramontes; my age is forty-four years; and I reside in the county of S. Francisco.

2d question. Do you know Maria Manuela Valencia? If yea, how long have you known her?

Answer. I know her, and have known her about thirty years. 3d question. Where does she live, and how long has she lived in that same place?

Answer. She lives in the rancho Boca de Cañada Pinole; she has lived there since the year 1831, according to my knowledge of it. 4th question. To what use does she put that rancho?

Answer. She has it occupied with stock, and cultivates a portion of the land, and has an orchard enclosed of about one hundred and fifty varas square. She has cultivated the land and raised a crop every year since she has occupied the place.

5 question. Has she ever occupied any other place since she established that rancho ?

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