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The governor therefore directs me to inform you that this act of yours is utterly null and void, no alcalde in California having authority to give any legal force whatever to any existing claims or titles to the missions, or other public lands in this territory. Very respectfully, your obedient servant,

H. W. HALLECK, Lieutenant of Engineers, and Secretary of State. DON PEDRO C. CARRILLO,

First Alcalde of Santa Barbara. NOTE.—A similar notice was served by Colonel Stevenson on Dr. R.. Den.

APPENDIX No. 27.

ALCALDE'S OFFICE, MONTEREY,

March 23, 1848. . SIR: My apology for a seeming neglect is, that I have been under the . impression that the information called for by your note of this morning had been given as desired.

The only titles which fall within the survey of Lt. Halleck are those of T.H. Green, James Doyle, a small triangle of the land of David Spence, and a claim of some twenty varas by Bernard McKenzie. Very respectfully, sir, your obedient servant,

WALTER COLTON, Alcalde. Colonel R. B. MASON,

Governor of California.

ALCALDE'S OFFICE, MONTEREY,

June 14, 1848. Sır: It is not in my power to give very definite and satisfactory answers to the inquiries proposed in your communication of the 5th instant.

You desire to be informed which are the limits of Monterey, and what law fixes the limits? The limits of the town were formerly, as I am told, restricted to half a league from the church, but that the legislature of the territory, some twelve years since, extended these to the summits of the surrounding hills.

The act involving this extension, like most others emanating from the same body, has been lost in the successive revolutions which have swept. over the country; it was passed in compliance with a memorial sent in by the inhabitants of the town.

You ask who has the right to sell or deed away lots within the town? This right vests in the municipal authority, and is exercised by the alcalde,

under the advice of the ayuntamiento—such at least has been the usage in Monterey; all lots have been granted or sold in this form.

You inquire for the right of an alcalde to sell the site of a Mexican fort or battery. No Mexican law or decree, as I can find, designates any

particular spot as sites of forts or batteries. Each military chief put up a post where he chose, or demolished those put up by his predecessors. He asked no leave to build, and none to abandon. When guns were mounted no alcalde ventured with his right to sell, but eagerly extended that right over an abandoned position.

The only rule which appears to have governed the military and civil authorities in these matters seems to have been that of Rob Roy

“ The simple plan, That they shall take who have the power,

And they shall keep who can." Copies of the titles called for, shall be made out on the return of the clerk to the office. I am, very respectfully, sir, your obedient servant,

WALTER COLTON, Alcalde. Colonel R. B. MASON,

Governor of California.

ALCALDE'S OFFICE, MONTEREY,

August 10, 1848. Sir: I have the honor to acknowledge your communication desiring certified copies of the land titles which fall within, or trench upon, the lines of Mr. Halleck's survey. They are herewith enclosed, as taken verbatim from the records of this office. I am, very respectfully, sir, your obedient servant,

WALTER COLTON, Alcalde. Colonel R. B. MASON,

Governor of California. Note.-The copies of titles forwarded by Alcalde Colton are the following, marked 1, 2, 3, 4, and 5. No copy of Bernard McKenzie's claim was received.

No. 1.

Whereas Commodore W. Branford Shubrick having applied to this court for a building lot in the municipality of Monterey, situated as follows, viz: Beginning at the southwest corner of a lot owned by Theodorus Bailey, esq., and running in a direct line with said lot south twenty-five degrees east, the distance of one hundred and thirty yards to a red-wood stake on the northern border of the ravine above the dam; thence crossing the said ravine to an oak tree on the southern side of the said dam, east five degrees and a half north, sixty-three yards; thence east twentytwo degrees south, one hundred and thirty-three yards to low-water mark; thence along low-water mark with its windings and turnings two hundred yards to the northeast angle of the said Theodorus Bailey's lot; thence along the aforesaid Theodorus Bailey's southern line of boundary, west ten degrees south from low-water mark to the place of beginning : whereas the said building lot is now vacant and at the disposal of the

municipality; and whereas the said Commodore W. Branford Shubrick has paid the sum per yard required by law, he becomes therefore fully and justly entitled to the same, to be held and owned by him in fee simple to the preclusion of all other claims whatever. In testimony whereof, I hereto set my hand and seal this 27th day of February, A. 1). 1847. [L, s.]

WALTÉR COLTON, Alcalde. WILLIAM R. GARNER, Secretary.

I certify the abome to be a true and faithful copy of the original title in the archives of the alcalde's office of this town.

WALTER COLTON, Alcalde. MONTEREY, August 10, 1848.

No. 2.

Whereas Theodorus Bailey having applied to this court for a building lot, consisting of two hundred and seventeen yards of front line, and two hundred yards depth, situated as follows, viz: commencing at a point of land on the shore of the bay, opposite a large stone, marked with a cold chisel with the letter B, and at the southeast corner of a lot of land claimed by David Spence, esq., and recorded in the magistrate's office, running from thence west ten degrees south along the line of said Spence's lot of land two hundred yards to a red-wood stake on the roadside; from thence south twenty-five degrees east along the said road two hundred and seventeen yards, more or less, to another red-wood stake on the same roadside; from thence east ten degrees north two hundred yards, more or less, passing north of, but near the old magazine, and south of the old fort, and the house near the same, to the low-water mark on the shore of the bay opposite to a red-wood stake driven in, on, or near the bank as it winds and turns, to the place of beginning, with the privilege of wharfing and improving the same by erecting piers to extend into the bay; the above land-marks being placed and fixed upon according to a survey of the said plot by Dr. Robert Semple, of San Francisco, and William R. Garner, secretary to the town of Monterey; the above lot to be held and owned by said Theodorus Bailey in fee simple:

Whereas said building lot is now vacant, and at the disposal of the municipality, and whereas said Theodorus Bailey has paid the sum per yard required by law, he becomes therefore fully and justly entitled to the same to the preclusion of all other claims whatever.

In testimony whereof, I hereto set my hand and seal this 11th day of February, A. D. 1847. (1. s.)

WALTER COLTON, Alcalde. William R. GARNER, Secretary.

I certify the above to be a true and faithful copy of the original title in the archives of the alcalde's office of this town.

WALTER COLTON, Alcalde. MONTEREY, August 10, 1848.

No. 3.

Whereas James Doyle having applied to this office for a building lot, consisting of one hundred yards square, and situated as follows, viz: on the northern side of the gulsh which runs by the fort of Monterey, the front line running nearly north-northwest and south-southeast on the western side of the main road which goes from the town of Monterey towards Muscle point, and distant from said gulsh about one hundred yards to the northward:

Whereas said lot is now vacant, and at the disposal of the municipality, and whereas said Doyle has paid the sum per yard required by law, he is therefore recognised by this court as the owner and proprietor of the same building lot herein mentioned.

In testimony of which, I hereunto set my hand and seal this 14th day of October, 1846. (L. S.]

WALTER COLTON, Alcalde. WILLIAM R. GARNER, Secretary.

I certify the above to be a true and faithful copy of the original title in the archives of the alcalde's office of this town.

WALTER COLTON, Alcalde. MONTEREY, August 10, 1848.

No. 4.

Whereas David Spence, esq., having applied to this court for a building lot, consisting of two hundred and thirty-nine yards square, and situated as follows, viz: the front line running along the coast about north-northwest and south-southeast from the first point that makes into the sea from the house on ́the hill, which house was occupied by the Mexican government as a fort, and extending from said point to the next point to the northward, being the distance of two hundred and thirtynine yards; the last point mentioned on the northernmost one is designated as having held, some twenty-five years back, one or two guns for the better defence of this harbor:

The front line being as above described, the back line will run parallel with the front line, and distant from it two hundred and thirty-nine yards; the whole of this lot forming a square containing fifty-seven thousand one , hundred and twenty-one square yards:

Whereas said lot is now vacant, and at the disposal of the municipality, and whereas said David Spence has paid the sum per yard required by law, he becomes therefore fully and justly entitled to the same to the preclusion of all other claims whatever.

In testimony of which, I hereto set my hand and seal this twentyseventh day of October, A. D. 1846. (L. S.]

WALTER COLTON, Alcalde. William R. GARNER, Secretary.

I certify the above to be a true and faithful copy of the original title in the archives of the alcalde's office of this town.

WALTER COLTON, Alcalde. MONTEREY, August 10, 1848.

No. 5.

MONTEREY, Abril 23 de 1846. Se dio titulo de propiedad al referido Talbot H. Green de un solar de 399 v. cuadradas al oeste del castillo de este puerto de Monterey y del camino real que va para la Punta de Pinos segun le esplica en la solicitad que obra en poder de dicho señor.

J. S. ESCAMILLA.

[Translation.] A title of ownership was given to said Talbot H. Green of a lot of 399 square varas on the east of the castle of this port of Monterey, and of the high road which leads to Point Pinos, as is explained in his petition in the possession of said gentleman.

MONTEREY, Junio 13 de 1846. Se dio titulo en propiedad al espresado señor del solar que comenza desde la punta del muelle al noroeste hasta en contrar el solar de Señor Deleissegues en estension de noventa y cuatro varas, y ciento y tres v. frente al solar de los S. S. Serrano y Arias, hasta abajo en la canada del castillo cuyos derechos pago.

J. S. ESCAMILLA. TALBO'T H. GREEN.

[Translation] A title of ownership was given to the said gentleman of the lot which begins from the point of the mole to the northwest, until joining the lot of Señor Deleissegues, the length of ninety-four varas, and one hundred and three varas in front to the lot of Señores Serrano and Arias, until below the ravine of the castle; the duties of which he paid.

I, William R. Garner, clerk of the first alcalde's court within and for the jurisdiction of Monterey, Upper California, do hereby certify that the two above instruments of writing are each of them a true, complete and faithful copy of the original notes of the titles as they are recorded in the (libro de solares) book of register for building lots in the town of Monterey, on pages fifty-nine (vuelta) and sixty.

In testimony whereof, I have hereunto set my hand and affixed the seal of said court at office this twenty.ninth day of September, A. D. eighteen hundred and forty-eight. L. S.]

WILLIAM R. GARNER,

Clerk of the Court.

APPENDIX No. 28.

MONTEREY, CALIFORNIA, June 20, 1848. I certify that on the 28th day of January, 1847, I pointed out to Commodore W. Branford Shubrick, Lieutenant Commanding Theodorus

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