Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-09-15
A GRANT CONfIR MED.
A Claim 10 a square League o. Lend In
bona Ana County
oPINiOJ or THK COURT.

Associate Justice William ". Murray.
OF the court OF private land claims, has
6led the following opinion In the case
entitled. the Corporation of jose Manuel
5anches Bacs graut W. the United
States:
"rhis suit was brought by the plain
till corporation claiming TO be tao owner
OF n grant made to Jose Manuel Sanches
Baca for u single league Ut land In bona
Ana county, n II .on the 81 day OF June,
1853, by one Guadalupe Miranda. u com
missioner general aud agent OF tha gov
eminent OF Mexico and the state Of Chi
huahua for emigration, u der the reguls
tions TO establish colonies on the night
bank Of the kio del Norte in the dis rict
OF Braves, in the state OF chihuahua, ami
he was authorized TO make grants VI land
to persons and colonies which might
emigrate from the territory ceded to the
United States by the treaty OF Guadalupe
Hidslgo. The grant was made under the
following provisions OF the congress OF
the state OF Chihuahua. passed the 18Th
day OF January, ls49, which was M fol-
lows.
Article /. The state grants Chihus-
hus citizenship 20 the natives OF Cali
fornia and New Mexico. who may come
to settle In its territory, In virtue OF the
call that Ia made TO them Ia articles |
aud 2 OF the general decree of August 10
last.
Article 9. Live stock. the nipple.
ments or tools for farming. or FOR any
art or industry which they may intro
duce, shall be free Of oil duty, a. shall be
also the goods they may bring for their
own consumption aud for the purpose OF
providing their servants In the cultivs-
tion OF the land that may be ad-amounts
realized from the alienation OF property
which II NAV be necessary 10 dispose OF
IN order 10 move into the state.
ARTICLE 3. There shall be granted
gratis by thu government In the places
In which they ask IL vacant lands for
cultivation by irrigation. which may DO
800 yaras In extent on both sidea. and
two suertes OF land not irrigable. Those
who, on account OF their greater worth
or their greater resources. may be able
to cultivate 4 greater amount Of land.
will make the fact known to the COM
missioner OF the general government Tor
this state. with whose report the govern.
ment thereof shall have the power to en-
large the grant TO three times the guam
tity OF land designated. In the same
manner and with the same fOrmslities u
square league (sitio do ganad0 mayor
shall be granted TO the owners OF live
stock. and II 1t should be necessary on
account OF the great number OF this
stock the grant shall be enlarged to
twice the size, and TO all shall be ad-
Indicated the land necessary for their
residences. IL the designation OF the
land should be made on the frontier
or Mt any place distant from the settle
ments. II shall always be In proportion
to the number and to the necessity OF
each petitioner, taking into considera-
tion his family; provided that 1t shall
not exceed the maximum designated by
the third part OF the first article OF the
law OF December 10, lS47. In the settle.
ments now In existence grants shall not
ba made. unless there should be- COM
mons that may be granted. and II there
should DO such commons then IL shall be
done, their value being paid by the public
excheQuer.
Article 4, Those who may desire to
establish themselves In the colonial set.
tituiVhtS uiluii w iiVt iOt iilt ytht6 tIDAii
all tax imposed by the state, 40 matter
what may be its character.
ARTICLE 5. In order to preserve the
possession Of the concessions which the
present degree grants TO the immigrants
the latter must carry into effect the cul-
tivation OF the lands adjudicated to them,
at least within two years after their 70.
m1val TO the state; and must not abandon
them. but endesvOr by constant labor TO
accomplish their advancement and pro.
gress. These conditions having been
fulfilled and n ear from the granting
OF the land having passed, the grantees
shall apply TO the government OF the
state for the titles to their properties,
and the government. with the proper for
malities, shall issue them; and after the
lapse OF four years more OF constant cul-
tiyation from that time, the said gran
tees may dispose OF them M legal owners.
Under the provisions OF this law, the
commissioner, Guadalupe Miranda.
made the grant In question. II will be
noticed from the reading OF article D OF
the law that the grant WAS nothing
more than n concession which passed To
the grantee the equitable right TO the
land, and when the conditions subse
quent we're complied with he was TO
apply to the government for title. II
will be noticed that this grant was
made only a short time before the
Gadsden treaty. IL appears from the
evidence In the case. at least TO the sat
isfacti0n Of the court. that the condi-
lions subsequent were complied with.
and that the commissioner. Miranda,
was authorized under the law TO make
the grant In 1upstIon. IL followa. I'm tina
opinion Of the court, that the claim
should be confirmed, and IL IL 40 ordered.
THE regulations and law under which
the concession IA made required the
~expediente to Oe filed or deposited In the
archives at HI Psso, district OF Braves;
the evidence shows that IL was 70 filed.
No other record OF the proceedings were
required by the law and regulations un-
der which the concession was made. The
expediente, therefore, WAS duly recorded
In the archives Of Mexico within the
meaning Of the Gadsden treaty"
NJ. ~