History of Alameda County, California : including its geology, topography, soil, and productions, Part 42

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206


USA > California > Alameda County > History of Alameda County, California : including its geology, topography, soil, and productions > Part 42


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Superior Judge ..


W. E. Greene ...


Noble Hamilton.


Nov. 13,'82 5206 Nov. 7, 82 4753


District Attorney .


E. M. Gibson ..


Nov.11,'80


S. P. Hall. . .


Truman H. Allen


4585


County Clerk.


Recorder ..


P. R. Borein.


=


Auditor


Andrew Ryder.


=


Charles McCleverty.


4886


Sheriff.


Chas. E. Palmer ..


J. A. Webster.


J. A. Webster.


5085


Treasurer.


Assessor


W. T. Hamilton ..


G L. Nusbaumer,


=


5033


Public Administrator. ...


C. B. Rutherford ..


P. M. Fisher ..


Thos. Molloy, Dist. No. I


E. R. Jensen,


" No. 2


=


358


W. B. Clement, “ No. 4 Sep. 3, '79


Malachi Fallon,"


..


079


Jas. Keys,


No. 7


=


1152


312


W. B. Hunter, =


E. G. Mathews, Brk'n Tp .


E. G. Mathews, Brk'n Tp G. W. Adams,


=


557


Geo. Babcock,


J. D. Austin, Eden Tp.


M. M. G Iman, Eden Tp. M. L. Rawson,


=


353


R. W.Graham, Mur'y Tp


R. W. Graham, Mur'y Tp I. N. Mark,


=


3130


S. F. Daniels,


C. C. Jenks. " City


3187


A. M. Bishop, " City


=


A. M. Bishop, " City


E.A. Richmond, Wa'n Tp W. A. Yates,


317


Constables ..


D. F.Chisholm, Alam'a Tp


=


Wm. Valentine, Alam'a Tp G. D. Crowell,


A. Gilardin, Brooklyn Tp W. H. Staniels,


G. H. Horn, Eden Tp


435


W. J. Stratton,


=


Geo. Fitzgerald, Mur'y Tp Wm. Harvey,


323


A. S. Baker, Oakland Tp Rich'd Lloyd,


=


J. F. Teague, Oakl'nd Tp J. G. Hanks,


2943


430


J. A. Trefry, Wash'n Tp O. L. Southwick, '


J. A. Trefry, Wash'n Tp. D.C. Hibbard,


324


295


May 2, 1864-Asa Walker to be Justice of the Peace, Brooklyn Township, vice Cameron, resigned.


NOTES-1863-1864.


NOTES-1862-1863.


NOTES-1861-1862.


NOTES-1859-1860.


NOTES-1858-1859.


1857, Oct. 5-John R. Wares to be Justice of the Peace, Washington Township, vice Bacon, received certificate of election in error


NOTES-1857-1858.


NOTES-1853-1854.


Supervisors.


|H. Dusterberry, No. 2


Hiram Bailey, No. 3


44


375


D. C. Brown, = No. 5 | Nov. 11, 80


J. J. Hanifin,


" No. 6


J. J. Hanifin, No. 6


W. S. McClane, “ No. 7 Sep. 3, '79


Justices of the Peace. . .. E.O. Crosby, Alameda Tp Nov. 11,'80


E. O. Crosby, Alam'a Tp C. M. Radcliffe,


=


394


556


378


M. L. Rawson,


I. N. Mark,


A. M. Church, Oak'd Tp


A.M.Church, Oakland Tp Emil Nusbaumer,


3008


C. C. Jenks, " City


3093


277


E. A. Richmond, Wa'n Tp L. G. Gates,


G. H. Moulton,


"Eden Tp


=


+ J. A. Gallet,


422


301


Wm. Smith, Murray Tp L. M. Lyster,


3207


..


Ang. 26-Joseph Scott to be County Treasurer, vice Watkins, deceased.


Aug. 3-L. B. Tarpley to be Constable, Oakland Township, vice Crocker, resigned.


1859, Jan. 3-A. O. Bowen to be Constable, Washington Township, vice Lowell, failed to qualify.


May 3-Asa Walker to be Justice of the Peace, Brooklyn Township, vice Taylor, resigned.


Aug. 18-C. C. Breyfogle resigns, and Jos. H. Watkins appointed County Treasurer.


1858, Feb. 15-Chas. Duerr to be Justice of the Peace, Murray Township, vice Pope, resigned.


Nov. 2- William Hoskins to be Constable, Oakland Township, vice Wall, failed to qualify.


" Nov. 3-Hiram Keeney to be Justice of the Peace, Eden Township, vice John Marshall, failed to qualify.


' Aug. 16-Asa Walker to be Justice of the Peace, Brooklyn Township, vice Luttrell, resigned.


1854, May 6-A. W. Swett to be Justice of the Peace vice John Stack, resigned.


1858, Nov. 9-M. McCollier to be Constable, Murray Township, Constable-elect failing to qualify.


1860, Feb. 6-Benj. F. Ferris to be Justice of the Peace, Oakland Township, vice Marier, resigned.


Oct. 5-John W. Carrick to be County Treasurer, vice Bond.


" April 6-B. N. Seymour to be County Sup. of Schools, vice Strong, removed from county.


" May 4-J. H. Atwell to be Constable, Washington Township, vice Potter, resigned.


" Oct. 19-A. G. Catlin to be Justice of the Peace, Eden Township, vice Crane, failed to qualify.


1863, Nov. 16-D. Cameron to be Justice of the Peace, Brooklyn Township, vice Walker, resigned.


1862, Sep. 3-Geo. H. Fogg to be Justice of the Peace, Oakland Township


1862, Feb. 17-J. G. VanArsdalen to be Constable, Eden Township, vice Rasmier, deceased.


1861, Dec. 23-Augustus Johnson to be Justice of the Peace, Washington Township, vice Marshall, deceased.


1863, Feb. 2-W. H. Souther to be Justice of the Peace, Brooklyn Township, vice Farrelly, failed to qualify.


Nov. 16-Stephen G. Nye to be Senator, vice W. W. Crane, Jr.


POLITICAL HISTORY OF THE COUNTY.


Tax-Collector


Chas. E. Palmer ..


W. T. Hamilton.


5100


Coroner Surveyor.


G. L. Nusbaumer. Louis Gottshall


..


49961


Superintendent of Schools A. L. Fuller ..


John Green, Dist. No. 1


66


434


J. B. Marlin, No. 3


Henry Dusterberry, No. 4 n, " No. 5


Jeremiah 'T'yrrel. .


Truman H. Allen


..


4522


E. H. Pardee ..


L. B. Edwards.


County Judge. .


Addison M. Crane ..


Sep. 3, '79


W. E. Greene. ..


F. D. Hinds


518I


Andrew Ryder


G. E. Whitney. .


Nov. 7, '82 4566


370


359 501


A. Gilardin, Brooklyn Tp W. H. Hamilton,


572


554


210


698


IO15


759


Sep. 3-Bond to be County Treasurer, vice Scott.


296


HISTORY OF ALAMEDA COUNTY, CALIFORNIA.


NOTES-1865-1866.


1866, Sep. 24-Samuel Bonner to be Constable, Murray Township.


NOTES-1867-1868.


1867, April 13-Geo. H. Fogg to be Justice of the Peace, Oakland Township, vice Watson, resigned.


1868, May II-H. P. Barlow to be Constable, Alameda Township.


" June 1- Geo. W. Huff to be Constable, Murray Township.


" -Geo. H. Fogg to be Justice of the Peace, vice Whitcher.


NOTES-1868-1869;


1869, Feb. I-L. J. Rector to be Justice of the Peace, Brooklyn Township, vice Warren. May 3-R. B. Cooley to be Constable, Eden Township, vice Perkins, resigned.


-C. J. Bond to be Constable, Washington Township, vice Livermore.


" 24-Asa Howard to be Justice of the Peace, vice Walker, deceased.


Ang. 8-S. P. Wright to be District Attorney, vice LaGrange, resigned.


-R. Faville to be Constable, Murray Township, vice Huff, failed to qualify.


NOTÉS-1869-1870.


1870, Jan. Io-Thomas W. Millard to be Justice of the Peace, Washington Township, vice Rogers, resigned.


Aug. 1-O. Whipple to be Constable, Brooklyn Township, vice Lewis, resigned.


" Sep. 5-M. Coombs to be Constable, Alameda Township, vice Kay, resigned.


NOTES-1870-1871.


1871, Sep. 18-J. W. McKee to be Justice of the Peace, Alameda Township, vice Clement, resigned.


NOTES -- 1872-1873.


1872, Dec. 2-G. E. Freeman to be Justice of the Peace, Eden Township, vice Smith, resigned. " 30-Wm. Holtz to be Justice of the Peace, Alameda Township, vice Fitch.


1873, Feb. 5-John Ball to be Constable, Alameda Township, vice Coombs, translated to the office of Justice of the Peace there. Aug. 19-Thos. W. Millard, Washington Township, vice Mills, resigned.


NOTES-1873-1874.


1873, Nov. 11-Horace Hoag to be Justice of the Peace, Alameda Township, vice Coombs, deceased. Dec. 8-A. M. Church to be Justice of the Peace, Murray Township, vice Freeman, resigned.


1874, July 30-Geo. C. Potter to be Supervisor, District No. 6, vice Wilcox, resigned.


NOTES-1874-1875.


1874, Oct. 5-L. C. Morehouse to be Constable, Eden Township, vice Bryant, resigned. Nov. 2-James Triplett to be Constable, Brooklyn Township.


1875, March 8-Samuel McConky to be Constable, Murray Township, vice Campbell, resigned. ' 15-Ralph Faville to be Constable, Murray Township, vice Enwright, failed to qualify.


" July 7-Samuel Wooten to be Justice of the Peace, Eden Township, vice Graham, resigned.


NOTES-1875-1876.


1875, Nov. 15-C. Neal to be Constable, Washington Township, vice Henry, failed to qualify. " Dec. 6-Valentine Alviso to be Supervisor, District No. I, vice Beazell, resigned.


1876, May 8-G. H. Moulton to be Constable, Alameda Township, vice Valentine, resigned. " 15-Chas. E. Palmer to be Treasurer, vice Becht, deceased.


" Aug. 28-A. Gilardin to be Constable, Brooklyn Township, vice Still.


NOTES-1876-1877.


1877, Jan. 8-Wm. Bolton to be Constable, Oakland City. Appointment declared informal and holder resigned. Sep. 29-J. B. Woolsey to be Supervisor, District No. 7, vice Chase, resigned.


NOTES-1877-1878.


1877, Nov. 26-R. W. Graham to be Justice of the Peace, Murray Township, vice Church, resigned. -T. W. LeBallister to be Constable, Brooklyn Township, vice Triplett, resigned.


I$78, Jan. 22-John W. Bones elected State Senator, vice Porter, deceased. Oct. 28-Seth Warner to be Justice of the Peace, Eden Township, vice Whidden, resigned.


NOTES-1878-1879.


1879, Feb. 3-W. P. Byler to be Justice of the Peace, Alameda Township, vice Clark, resigned.


"March 25-A. B. Lawson to be Constable, Oakland Township, vice Buckley, resigned.


4. April 3-E. M. Gibson to be District Attorney, vice Vrooman, resigned.


NOTES-1879-1880.


1879, Nov. 19-Dennis Noonan to be Constable, Murray Township, vice McConky, resigned. 1880, Jan. 5-Asa Howard to be Justice of the Peace, Brooklyn Township, vice Mclaughlin, failed to qualify.


NOTES-1880-1881.


1881, Jan. 10-W. S. Smith to be Constable Murray Township, vice Noonan, resigned.


Jan. 17-J. H. Shirley to be Constable, Eden Township, vice Jackson, disqualified as a non-resident. = March 14-J. M. Alviso to be Constable, Murray Township, vice Hewitt, resigned.


May 16-A. B. Lawson to be Constable, Oakland Township, vice Ballard, resigned. Oct. 1-J. A. Webster to be County Treasurer, vice Palmer, resigned.


= " 31-Jose H. Neal to be Constable, Murray Township, vice Alviso, resigned.


Nov. 14-Henry Levy to be Constable, Oakland Township, vice Lawson, resigned.


-W. A. Yates to be Justice of the Peace, Washington Township, vice L. G. Gates, resigned. " "


Gray


B. Benedict


297


MEXICAN GRANTS.


-


MEXICAN GRANTS.


EL VALLÉ DE SAN JOSÉ-RANCHO SAN RAMON -- RANCHO SAN LORENZO-RANCHO SAN LEANDRO-EL SOBRANTE -TABLE OF LAND CLAIMS-TABLE OF GRANTS.


I N glancing at the heading of this chapter, we must ask the reader not to indulge in the vain hope that a full history of the grants comprised within the confines of what is known as Alameda County will be found; such, indeed, would be beyond the limits of this work, even had we at hand the infinity of resources to be found in the hundreds of cases which have arisen out of them. Our compilation must of neces- sity be accepted in its crude form. We have striven to our utmost capacity to pro- duce some information which would combine both usefulness and accuracy, and to this end have relied on the "Reports of Land Cases Determined in the United States District Court for the Northern District of California, June Term, 1853, to June Term, 1858, Inclusive, by Ogden Hoffman, District Judge"-a work which is now nearly out of print.


In addition to the information therein contained we append a table most cour- teously supplied to us by the Surveyor-General of the State of California, and which no doubt will prove both valuable and interesting. .


THE UNITED STATES, Appellants, vs. ANTONIO SUÑOL et al., claiming the Rancho El Vallé de San José .- No objection made by the District Attorney to the con- firmation of this claim.


Claim for a tract of land, supposed to contain eleven leagues, in Alameda County, confirmed by the Board, and appealed by the United States.


S. W. Inge, United States Attorney, for Appellants.


Crockett & Crittenden, for Appellees.


The validity of this claim was proved by the production of the original grant and the expediente from the archives. The expediente also shows that the grant was registered in the Secretary's office, and also, by order of the Governor, in the office of the Prefecture of the first district. Both the expediente and the grant pro- duced by the claimant contain the certificate of registry, and of the approval of the grant by the Departmental Assembly.


The evidence shows a substantial compliance with the conditions, and the boundaries and extent of the granted land are clearly indicated by the description in the grant and the delineations on the map. No objection to the confirmation of this claim having been made by the District Attorney, we do not deem it necessary to recapitulate at length the preliminary proceedings before the Governor, nor to refer particularly to the evidence by which its validity has been established.


A decree affirming the decision of the Board must therefore be entered.


THE UNITED STATES, Appellants, vs. JOSÉ MARIA AMADOR, claiming part of the Rancho San Ramon .- The confirmation of this claim not disputed, claim for four


20


298


HISTORY OF ALAMEDA COUNTY, CALIFORNIA.


leagues of land in Alameda County confirmed by the Board, and appealed by the United States.


S. W. Inge, United States Attorney, for Appellants.


E. W. F. Sloan, for Appellee.


The Board of Commissioners have confirmed this claim without suggesting any doubt as to its entire validity.


The genuineness of the grant is not disputed, and it appears to have been approved by the Departmental Assembly. The conditions have been fully complied with, and the premises granted have been the family residence of the grantee from a period prior to the issuing of the grant, and he has continued to cultivate and improve his land down to the present time.


A part of his land has been conveyed by him to other parties, and he now asks for a confirmation of his claim to the remainder. A decree to that effect was made by the Board of Commissioners.


A decree must therefore' be entered in this Court affirming the decision of the Board and confirming the claimant's title to the extent solicited.


THE UNITED STATES, Appellants, vs. BARBARA SOTO, et al., claiming the Rancho San Lorenzo. This claim is valid for the land included within the boundaries named in the grant. Claim for one league and a half of land in Contra Costa (now Alameda) County, confirmed by the Board, and appealed by the United States. The claim in this case is founded on two grants-one by Alvarado, dated October 10, 1842, and the other by Micheltorena, dated January 20, 1844, for the sobrante of half a league contained within the boundaries of the first. The land was described in the first grant as follows: "One league, a little more or less, in the tract called San Lorenzo, the limits of which are from the creek of that name to that called 'El Alto,' pertaining to Don Jesus Vallejo, and from this creek, drawing a right line to pass by the rodeo, to the beach, and from this point to the first ridge which the hills form, excepting the number of varas which have been conceded in said tract to Don Guillermo Castro, which shall be determined at the time of the possession." At the time the grant issued Castro was owner of a tract of six hundred varas square, upon which he resided. He, in October, 1843, obtained a concession of a larger tract which was described as bounded by the rancho of Soto on the side next the main road, it being considered that there has already been made a concession to the said Soto on the side towards the beach. The main road alluded to crosses the tract from creek to creek, and it was contended by Castro that the main road was the western boundary of his land, and that the grant to him was a virtual settlement of the line between him and Soto, which in the grant to the latter had been left for subsequent adjustment. Proceedings were instituted to settle this dis- pute, and it was finally determined by a compromise made with the approval of the Governor. The line as thus settled was described in a document drawn up for the purpose, which appears in the archives, and a copy of which is indorsed on both expe- dientes. The boundary of Castro, as thus settled, is as follows: 'Commencing on the sanjon (or ditch) where it is parallel with the southern side of Castro's house, and down the sanjon towards the main road six hundred varas, from which point where they conclude by a straight line to the San Lorenzo Creek. The boundary on the


299


MEXICAN GRANTS.


other side of the sanjon is the margin (orilla) of the hills towards the plain, measuring ten varas up on the hills." These proceedings must be taken as a final and definite settlement of the eastern line of Soto's ranch, and as such it was acquiesced in and recognized by the parties. The line thus designated can, as appears from the proofs, be readily located, and the testimony of the neighbors, particularly that of Guillermo Castro, shows that the location as determined from the description in the agreement in no respect differs from the line as understood and recognized by the parties them- selves and neighboring rancheros. On the 20th of January, 1844, Soto addressed a petition to the Governor, setting forth that the concession of the tract which he occu- pies, called San Lorenzo, expresses to have an extension of one sitio (league square), a little more or less; that the overplus which it may have towards the beach may be half a sitio, which he begs may be conceded to him, as, united with the other, it would be of much benefit to him. On this petition the Secretary reports that there is no objection to granting it, but that the petitioner must subject himself to the limits which his first title calls for, and to the agreement celebrated with Don Carlos Castro. On receiving this report the Governor acceded to the petition in the following words: "In conformity with the foregoing. Micheltorena." It is objected that this was not a valid grant of the sobrante or overplus. But, in the first place, it appears from the archives that the same formalities were rarely, if ever, observed in relinquishing a sobrante to the grantee within the general limits of whose grant it was found, as were deemed necessary in making an original concession or a grant of a sobrante to a stranger. The grant of a sobrante to him within whose limits it was found was little more than a waiver or release of the condition of the original grant, which restricted him to a specific quantity, and the original grant (that condition being struck out) would by its terms convey the whole land within the limits designated. At all events, there can be no doubt in this case that the Governor intended to accede to the petition, and the land having, under this grant, or promise to grant, been long occu- pied and enjoyed, and on all hands recognized as belonging to the grantee, the latter has, in any view, an equitable right which the United States are bound to respect. The important question, however, in the case, is as to the location of the southern boundary. The tract included within the original limits is claimed by the appellees to be in the form of a square, or parallelogram, and bounded on the east by the line between Castro and Soto as it was fixed by the agreement heretofore alluded to; on the south by the Alta and a line through the rodeo to the beach; on the west by the beach, and on the north by the San Lorenzo. It is contended on the part of the United States that neither the San Lorenzo nor the beach is a boundary of the tract, but that the southern line must be run from the point where the rodeo line or north- ern boundary strikes the beach, to the first ridge which the hills form. If such a line be drawn, it would form a diagonal to the square claimed by the appellees, and the tract would have a triangular shape, with the agreed line between Soto and Castro as its base on the east, and with its apex touching the beach at a mathematical point. The language of the grant has already been quoted. The words, which, it is con- tended, call for this location, are as follows: "And from this creek (El Alto) drawing a right line, to pass by the rodeo to the beach, and from this point to the first ridge which the hills form, excepting," etc. It is claimed, and with much apparent reason,


300


HISTORY OF ALAMEDA COUNTY, CALIFORNIA.


that the last line must be drawn from the "point" where the rodeo here strikes the beach to the first cuchilla, or ridge: If the word "punta" had precisely the signifi- cation of the English word " point," as used in surveying, or if the grant had specified the " point" where the rodeo line strikes the beach as the point from which a straight line was to be drawn to the cuchilla for the sourthern boundary, the construction con- tended for would be unavoidable. But the language is "a straight line drawn to the beach, and from that point," etc. It does not in terms say "and from the point where said line strikes the beach;" it merely says " from that point" namely, from the beach. A reference to the beach generally by the term " punta" is certainly not in accordance with our use of language; but so far as I have been able to discover, such a construc- tion of the term is not admissible in Spanish. If, however, there were no other guide to the intentions of the grantor, this construction might probably be deemed forced and unnatural. There are other considerations, however, which I think remove any reasonable doubt as to its propriety. In fixing the limits of land to be granted, both the law and usage of the Californians required them to adopt, as nearly as possible, a rectangular or square figure. This was not in all cases practicable, but in a country used almost exclusively for grazing, and where no fences were built, it became neces- sary to designate great natural objects as the boundaries of the tracts conceded. It seems therefore extremely improbable that in this instance the natural and obvious boundary afforded by the shore of a great estuary should be wholly neglected, and the land should assume the form of a triangle, having only a mathematical point at its apex resting on the beach, while one of the sides should diagonally cross the center of a large plain with no visible object throughout its length, except at its extrem- ities, to determine its location. This is the more improbable as the whole of the neigh- boring land had been before, or was subsequently, granted, and the piece of land excluded by the diagonal line alluded to, if not embraced within the grant to Soto, has remained from some unexplained reason the only piece of ungranted land in the vicinity. The original grant to Soto was for one league, within the limits specified. He subsequently, as we have seen, obtained the sobrante of about half a league more. This was after the boundary between him and Castro had been fixed. Taking, then, that boundary as determined, there is found within the limits as claimed by him, about one square league and a half, precisely the quantity granted to him in the two grants. But if the diagonal line be drawn as proposed, he would have but about two-thirds of a league in all, leaving his sobrante grant wholly inoperative, for even his first grant of one league could not be satisfied out of the tract so limited. It is to be borne in mind that Soto did not petition for an augmentation or extension, but for a sobrante or overplus-the excess within the original boundaries over and above the quantity to which he was restricted. This excess he states to be about half a league, while he also mentions that his first grant was for one league. If, then, the limits of the land as designated in his grant, after the Castro line was fixed, included less than a league, as is now contended, the petition for a sobrante of half a league more within those limits was absurd. Had he or the Governor supposed that the quantity already granted could not be found within the limits of the tract, it is not to be imagined that one would have asked for and the other conceded half a league more within those limits. In such case he would have asked for, not a sobrante, but an augmentation, and


301


MEXICAN GRANTS.


would have obtained his additional quintity outside of and beyond his original boundaries. The fact that the land, according to the boundaries he contends for, is almost exactly the quantity (one league and a half) granted to him, seems to me almost conclusive as to what he intended to ask for, and the Governor to give. The value of land to the former inhabitants of this country, in a great degree, depended upon the existence of abundant supplies of fresh water, or "agua dolce," for cattle. The line proposed would not only form an acute angle at the beach, but would touch the San Lorenzo Creek only at a single mathematical point, thus cutting off all access to that stream, and either depriving the rancho altogether of fresh water, or else affording it at the El Alto alone for a short distance. The adjoining rancho at the south is bounded by the San Lorenzo, and it is impossible that in fixing the limits of a cattle rancho access to that stream should have been denied to Soto, when the land between his rancho and it was unoccupied and ungranted, and the Governor was willing, on his mere suggestion, to increase the quantity given him by an additional half league. If with these considerations in our minds we recur to the grant, its intention is obvious. It does not profess to give the boundary lines except on one side of the tract, but "its limits." Its longitudinal limits are declared to be from the San Lorenzo to the Alto, and the rodeo line to the beach. Having thus determined its length, the grantor indicates its breadth, viz .: from the beach to the first crest of the hills. He does not mention any point in the crest of the hills, which would have been natural if he had intended to fix as a southern boundary an imaginary straight line drawn from the point where the rodeo line struck the beach to the crest; and the indefiniteness of his description, referring as it does to a line on the summit of a range of hills, rather than to a point on those hills, seems to show that the intention of the grantor was merely to fix the lati- tudinal limits of the tract, viz .: the beach and the crest; rather than to describe a line as a precise boundary. But all doubt on this subject is removed, if the diseño pro- duced be received as the original on which the grant was made. It is shown beyond any reasonable doubt that it was, with the other title-papers, placed in the hands of eminent counsel in this city, in whose custody it has ever since remained. By some oversight it was not put in evidence before the Board, but A. M. Pico, Francisco Arce, and G. Castro, testify that it is either the identical map or one exactly resem- bling that which was handed to Pico when about to give judicial possession to Soto. This map is unusually rude, but the form of the tract is sufficiently indicated to show it to be a square or parallelogram, with the beach as its western boundary. A further confirmation of these views is found in the report of Jimeno, at the time of the dis- pute between the Governor and Castro. "It appears to him," he says, "convenient to measure to Soto the league, more or less, which has been granted him from the beach to the ' lomas,' or hills, but always on the side of the Arroyo del Alto, because those are the limits which have been marked out, and from these limits he should follow those of Don G. Castro." He was thus, according to Jimeno, to have a league on the side of the Alto, from the beach to the hill, and from the Alto to the San Lorenzo, following Castro's boundary. The sobrante, after measuring the league, would have lain between the beach and the San Lorenzo, and would have been, as the testimony shows, about half a league in extent, if measured after the Castro line was deter-




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