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Show THE SPANISH ARCHIVES OF NEW MEXICO quantity to be granted was left present term of this court, the grant for the purpose of establishing a pueblo was made by the governor to fifty- oe vemos and the land granted was about 315,000 - o ny e anta corporation possible to this law was in force when the ancient pueblo te was settled, the court might presume that a existed, but I can not see how it would be determine the quantity of land (if any) that en would be entitled to. . ,/ 18 alleged in the petition that the ‘pueblo was in oo Prior to 1680, and that prior to that date said own or villa contained a population exceeding thirty-five plan of the settlement be made out.’ (See White ’s Recop., 2 vol., p. 46.) _ a “he law in relation to the settlement of pueblos by contractors, and the allotment of lands among the settlers and the towns is in 2d White, from page 44 to 47. There ee Let “+Es rareoa. LT woseteletetal: bho) vive PAP as * Sy oa is no evidence in this cause tending to show that any allotments of land were ever made among the settlers by the town council or any authority, or that the town was settled by ten or thirty families, or by the Government. ‘Chief Justice Reed, speaking for a majority of the were estab- lished either by direct action of the Government or by court in this cause, promoters said: ‘Pueblos or contractors who than thirty families. When or towns undertook to settle not less the establishment was made oA Fs FP ed Pe E +. + t-+-9 a os The rs and to be granted. oe to the discretion of the governor or viceroy. 3 Mewican Law, pp. 17 and 18.) In the ease of wan Sandoval et al. vs. The United States. decided at the bol hd ‘The rights of the petitioner must be determined by the law in force at the date of the supposed grant. The cédula of King Phillip II, issued in the year 1511, provided for the settlement of new towns, or pueblos, but there is no ee of four leagues or any other specific quantity of Phd to it; but Sifotetatottct or set apart Norrr —¢ ever surveyed PEPE PP was counsel insists that on the settlement of the pueblo the title to four square leagues passed to it by operation of law and that all subsequent grants made by authority of the sovereign to private parties within the four leagues oe and void, and a majority of my brother judges ‘‘The lands where thirty families were settled were divided as follows: ‘The tract or territory granted by agreement to the founder. of a settlement shall be distributed in the following manner. They shall, in the first place, lay out what shall be necessary for the site of the town and sufficient liberties (exidas) and abundant pasture for the cattle to be owned by the inhabitants, and as much besides for that which shall belong to the town (propios). The balance of the tract shall be divided into four parts, one to be selected by the person obligated to form the settlement, and the remaining three parts to be divided in equal portions among the settlers. These lots shall be distributed among the settlers by lots, beginning with those adjoining the main square, and the remainder shall be reserved to us, to give as rewards to new settlers or otherwise, according to our will, and we command that a o* other quantity, granted. kd It was not oe city. ok by the I 0-0-0 4-0 claimed ©: PRR leagues claimed that a grant was, in fact, made to the pueblo for any quantity of land, or that four square leagues, or any a Pad the four square rere with tel together atl was PPPS This e772 thereof. a number of others, in which the petitioners pray for a confirmation of Spanish grants to them for land within Se occupants rr sented, his judgment as to the law afterward becoming the law of the court in similar cases. For historical reasons the dissenting opinion is given in full. ‘The city of Santa Fe, claiming, as the successor of the ancient town formerly known as La Villa Real de San Francisco de Santa Fe, filed its petition in this court, asking for a confirmation to it of four square leagues of land in trust for the use and benefit of all the inhabitants and families in number, and that there was not any city or village of Spaniards situated within five leagues of said town or villa.’ From the foregoing statements I infer that the organization of the ancient pueblo is claimed under the provisions of the law of Spain in relation to the settlement of new towns and pueblos by contractors, who might undertake to settle not less than thirty families. This law provides that if the contractor complied with the law in such eases that there shall be granted to him four square leagues of land, ete. The land is granted to the contractor, and not to the town or pueblo. A town might be established by a contractor with ten families, but in that event only one-third of four square leagues was to be rt oo heard, dis- ae cause Murray ile Justice a Associate Cpe pe ee ** Ce ee ee ee ee er oe claims, ee 2 ee eo coe | | Ase land ee private BS Re RAE Sk we DL ee this claim of the City of Santa Fe was heard in the court of 217 eit 4 oJ FOR Ca CL OPPS Pe PF rit Cee es THE SPANISH ARCHIVES OF NEW MEXICO un Fs. dade Pee oe") * Se ee reas POP OPS PR ad * Lr po (oa 216 |