Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-01-04

The sd degree OF north latitude crosses
the meridian of the 1929 degree of longi
tude west from London, said spot being at
the southwest corner OF the grant petit
toned for by Col. Reuben Ross from
thence it shall proceed along the parallel
OF the 32d degree of latitude as far as the
eastern limit OF New Mexico from thence
it shall ascend north on the boundary
line between the province of Coahuila
and Texas and New Mexico as far as
twenty leagues of the river Arkansas.
From thence it shall run east to the meri-
dian of the 1929 degree If longitude, which
is the western boundary OF the grant petit
toned for by the said Col. Reuben Ross;
and from thence it shall proceed south as
far as the place of beginning.
Art. 2.-Though the boundaries OF the
tract set forth in the preceding clause are
those assigned to Stephen Julian Wilson.
in grant passed by this government on
the 9th of May, 1926, yet this clrcum-
stance has not been considered an i'm
pedment to the entering into the present
contract. inasmuch as the time allotted to
the said Wilson for the completion of
said enterprise will expire in the month
of May of this present year, without his
having to this day performed the same or
any part Whatsoever. But if, however.
in the short time that has to elapse, any
number of the families of that empresario
should PR sent themselves, then, and in
that case, the present grant shall, with
due respect to part or parts performed by
the first grantee thereof, be null and void
to all intents and purposes.
Art. 3.-In consideration of the grant
hereinbefore specified, the empresarios,
or contracting parties, agree to introduce
and settle, on their own account, 200
foreign families, conforming themselves
as we'll to the general law OF the republic
as to the laws of the state in this behalf
provided
Art. ALI lands whatsoever held I'M
der legal titles, that may be included
within the limits designated in article l.,
shall be respected by the colonists who
shall hold under this contract, and it shall
be obligatory on the part of the empire
sarios to see the Observance of this clause
Art 5-The state retains to itself the
ght of property over all the surplus
lands which shall remain OF this grant,
after laying off those which belong to the
empresarios and their settlers, according
to the laws in that behalf provided.
Art, 6.-In conformity with article 8 of
the law of colonization hereinbefore re-
ferred to, the empresaros are bound to
introduce the stipulated number of 200
families within the term of six years,
which shall be computed from the date
hereof. under the penalty of being de-
barred from all the privileges and advan-
tages afforded by the said law.
Art 1T shall he obligatory on the en-
presarios not to introduce or suffer to re-
main in the colony, men guilty of afro
cions crimes or of bad conduct as also to
endeavor that no person whatsoever shall
carry on tratf" in arms and ammunition
with the barbarous tribes of Indians, in
exchange for Lorses and mules.
Art. S.-Whenever there shall be suf-
ficient number of men, the national mill
tia shsll be duly organized and regulated
according to the laws OF the state in that
respect provided.
Art. 9.-The colony shall De regulated
by the person whom this government
shall appoint to allot the respective set
Elements or possessions. and he shall duly
observe tie laws on colonization in force
throughout the state, the general law o.
the 18th OF August, 1924, and likewise
the instructions to commissioners
which have been appointed by the honor
able congress, taking care to afford pro
lection within the limits of the colony to
such persons only as shall be approved o
by the empresarios.
Art. 10.--All official communications, in
struments and other public documents
emanating from the colony, must be writ
ten in the Spanish language.
Art. II In reference to all matters
not provided for or expressed in these
articles, the empresarios, or the new set
tiers holding under them, shall abide anC
be governed by the federal constitution
and the laws of t. is state.
And his exceIlency, the governor of the
state, as also the citizens Jose Manue
Royuela and John Charles Beales, having
agreed in the articles of this contract tt
grant, and bound respectively to thu
observance and performance thereof
afterwards signed the same before me, thu
undersigned secretary of the government
And having been directed to give the
emprpsarios the certified copy of all thu
documents relating to the grant, that they
may serve them as security, and as lorna
title Cor as title in FORM thereto, tn,
originals WILL according to law remain
filed and recorded in the secretary's Office
under my charge,
Dated, CITY OF Leona Vicario, the 14tf
day of March, 1882.
JOSE MARIA DE LEToNA,
[Signed] JOHN CHARLES BEALEs,
JOSE MANUEL RoYUELA,
SANTIAGO DEL VALE, Secretary.
The foregoing is copied from the orig
inal documents tiled and recorded in tn
secretsry's office under my charge, whenc
it was ordered taken by his excellenc
the governor.
City of Leona Vicario, the 14th of March
1882.
[Signed) SANTIAGO DEL VALE,
Secretary
The same year of the grant, and on DC
tober II, Royuela conveyed by deed t
his death in 1879 He disposed of hi
property by will made in in 1878, and b
snndry conveyances from his devisees tn
title has passed to the complainant in tn
one suit and the cross complainant in tn
other, the Inter State Land company. TIL
question is presented by demurrers, s
that the genuineness and validity of tn
documents are not open to question.
The contention on the one side is, tha
this was grant passing title subject t
defeasance, that the grantor never insiste
upon any defeasance, and indeed coul
not, because before the time With
which the conditions subsequent wer
to be performed the state of Texas ha
revolted from the Mexican governme1
and established an independent natio
OF its own, and that by this action pc
Romance of the conditions Was rendere
imp ssible. On the other han
the contention is that the grant was i
the nature of a foat that by it certai
out boundaries of large tract ere desis
mated within which the grantees, upo