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Show seca as eke sa 0 ne far from being an indefeasible estate, such a. to our laws. The purpose to be accomplished ea Bie of pueblos did not require their possession ee. he interest, as we had occasion to observe cag ig a 7 ady cited, amounted to little more than a Pee Pt qualified right to alienate portions of the ee 8 inhabitants for building or cultivation, and to ue rola pia for commons and for pasture lands, or iia es ce of revenue, or for other public purposes. And 1s Amited right of disposition and use was, in all particular ae subject to the control of the Government of the el A eed rere) Pre ee et pePea a al governor for a grant of council of Santa Fe petitioned the the city limits, and that a grant was the clear, from the exhibits in evidence, dh t sade : rities of the ancient town o autho rate that the corpo right to four leagues of lan : any eblo did not claim 1t, and it is equa vf virtue of a grant or supposed grant to w : eo sh clear that the officials of the Spani c domain dl ae had authority to dispose of the publi understand that the pueblo was entitled to any gir Under the provisions of the ac : quantity of land. on to the settlement of private relati in March 3, 1851, of commissioners, by land claims in California, the board ized, when the exthe 14th section of the act, was author or village, was 8 hown to be in 7 e of a city, town, istenc 1 to presume, 8 ee existence on the 7th day of July, 1846, facie, a grant to such town, city, or village. The boar PIE *; PRM. oe co oe LP ee See m +4ea + ook PLP § cre Pl od.be Fi Fat 8285 ¢ 59; at FP Se) and i 307), br .Se pak ee ea ‘ How., U. S., 68; 93 U. &., 326; 100 U. S., 598; 102 successor, present city of Santa Fe, as its LiteteteteAtetisote ls within governors of New Mexico to individua (Henshaw vs. Bissell, 18th Wall. square leagues. 13 4 land now within asked for. Ha made by the governor to it for the land the facts in : under estopped is pueblo ancient ‘The e granted a lands the to claim up setting case from ey at ee ee oe Ia tet ee ee eee ~9-0-4- 94 ee Ce i ltl te Par rdweeerate OS hn Government might refuse to recognize at all, or might recognize In a qualified form; it might be burdened with ee and it might be restricted to less limits than our cone leagues, which was the usual quantity asNig ae after assignment the interest acquired by made by there never was at any time objection dred years the grants or the town authorities, either to the making of nder them. that the town PeaDrie tet abe exhibits in evidence shows Cr oe % *-¢ ed gaged, or set apart to soldiers as pensions. No question was ever made as to the power of the Government to dispose of such land. (Hall’s Mexican Law Sees, 94, 95, 96, 97, 98, and 99.) “Mexico succeeded to the rights of the Spanish Government in all such town or pueblo land, and provided for a sale of the Same in 1856. (Hall’s Mexican Law, Sec. 140 p. 96.) The right of the Republic of Mexico to so dispose of such land has not been questioned, so far as I know. In the case of Grisar vs. McDowell, supra, in speaking of the rights of the city of San Francisco to the four square leagues claimed, Mr. Justice Field said: ‘Until the lands were assigned and measured off, the right or claim of pueblo was an imperfect one. It was a right which the the ‘“There is no occasion in this case to indulge in any presumption as to the power or authority of the Spanish government of New Mexico to make grants to the public lands ns, subsequent to 1754. Article 12 of the royal regulatio on the issued October 15th, 1754, expressly confers power to governors of the distant provinces to approve grants : (White’s Recop., vol. 2, p. 66.) land. to ‘‘The grants introduced as evidence in this cause, the city, land within the four square leagues claimed by office and are from the archives of the surveyor-general S The archive evidence seem to be in all respects regular. posfurther shows that the grantees were put in juridical without officer proper the by granted land the of session cases the objection or injury to third parties, and in some been made proof shows that valuable improvements have one hunon the land; with continued possession of nearly re occupied town or pueblo land should either be sold, mort- 221 SD WR ee ,+ 8 PRR @ © 8 ee *~* * Li aoe Se pl Si Se Sik tk arr .ae (mo n * 2-¢- @ es ati eee ere eereT mrs a ees courage the settlement of new towns and pueblos by giving to them, and the inhabitants thereof, certain rights and easements to large quantities of land outside of the small lots to be assigned to the settlers and to which they obtained a fee simple title by four years’ use and occupation. It must, however, have been well understood by the authorities of such towns and pueblos and the inhabitants thereof that the Government reserved the right to sell or otherwise dispose of such lands, except the small allotments to the inhabitants and the necessary ground for plaza, streets, corporation buildings, ete. In 1808, a general law was promulgated, which provided that all the un- THE SPANISH ARCHIVES OF NEW MEXICO te THE SPANISH ARCHIVES OF NEW MEXICO - 220 |