[Paragraph 1]
Frontier of Baja California, belonging to the Mexican Republic. In St. Tomas, on the 18th day of March, 1857, by authority of the decree of the Lieutenant Governor1 and Military Commander of the Northern Baja California district,2 that at the present 8th day of the month, I took possession of the two sites, Ganado Mayor.3 I complied and executed the same, consequently producing the following measurements and business. For that reason, Mr. Pedro Franco, the sole interested party, will present his title and the rest of the conducive papers. Not being able, in this possession, to cite those adjacent properties, newly described by the interested party, so it is with his witness it will proceed with identifying information and to the witnessing of said lands, as well as its demarcation and measurement. And so, the Judge of these Frontiers mandated and signed before the witnesses in my attendance with the parties, I act by lack of a notary public attesting as to my right.
Present
Dolores Lucero
Sacramento Valenzuela
Jose Maria Gutierrez4
1
The term "Lieutenant Governor" is applied here to provide a possibly clearer historical understanding ofMexican Land Grant - Rancho del Agua Caliente
Translated Version
Page 2
[Paragraph 2]
And being satisfied, I, the same judge at the present time, gave notice of the former decree to Mr. Pedro Franco, to whom I attest to knowing and having heard and understood, declares that his compliance exhibits the titles and papers of the lands, San Jose de la Agua Caliente, that is so named, and as the interested party, solicits in this jurisdiction in so far as he conforms to them, the surveying of the two sites, Ganado Mayor. This is so moved by his signed response with the judge and the same witnesses for attendance, I so certify.
Present
Mextcan Land Grant - Rancho del Agua Caliente
Translated Version
Page 3
[Paragraph 3]
Frontier of Baja California, belonging to the Mexican Republic. In St. Tomas, on the 18th day of March, 1857, by the authority of the mandate that goes before those proceedings, and having examined the documents presented on behalf of Don Pedro Franco, by virtue of the Notification that was made by the aforementioned, it is shown that said lands that are comprised of the two sites of Ganado Mayor under the terms and, boundaries that they anticipate, in order to proceed with the survey that this party requested or is ordering to be carried out, I reviewed identity information and the witnesses that were examined being those that have knowledge of said lands, its conditions and boundaries having eye witnessed the expected lands, accompanying me for said purpose that having arranged to point out to me said lands, its conditions, states, boundaries and furnished the suitable measurements, I therefore make the determination, and sign in their presence and so certify.
PresentMexican Land Grant- Rancho del Agua Caliente
Translated Version
Page 4
[Paragraph 4]
On the 8th day of the month of April of the year 1857. I, the same judge of preceding decrees, being in the house of Rancho de San Jose de la Agua Caliente, Frontier of Baja California, with the witnesses examined by me in the preceding information, and present Don Pedro Franco, I proceeded to look at and become familiar with the lands of said rancho, and from horseback in company with the party and the heretofore mentioned witnesses, according to that which they have declared, and, in agreement with their wishes, the southern gully from where there is a water supply and 100 varas5 beyond, we returned to the house of the Rancho de la Agua Caliente, and, from there we journeyed along the gully that runs north as far as the place named la Toya. It divides into two deep gullies and returning the awaiting house, we followed the gully that runs to the West, Santo Tomas' main road, and having acquainted myself with the terrain to the point where I perceived, I, the judge, with the witnesses present, carrying with me the titles and presented papers, found it suitable to have surveyed the Rancho named San Jose de la Agua Caliente, as so declared by said witnesses, and so that it be certain, I place for diligence that I authorize and so certify.
Dolores Lucero
5
The Spanish term for this measurement is vara [varas, plural], literally a bar that measures 2.8 feet or 83.5 centimeters. No equivalent term in American measuring terms but is slightly !ess than a meter; also slightly less than a yard; could also literally represent a rod that measures 16.5 feet. Therefore, rather than translate the use of the term as a "bar," this author elected to leave the Spanish term as it was used in the original writing.Mexican Land Grant - Rancho del Agua Caliente
Translated Version
Page 5
[Paragraph 5]
In the house of Rancho de San Jose de la Agua Caliente, on the 9th day of the month of April of the year 1857, I, the same acting judge of the aforementioned proceedings, overseeing the proceedings carried out in the aforementioned decrees, proceed to carry out the survey of that in question, to whose and purpose is to notify the interested party that is Don Pedro Franco to name surveyors that are skilled6 in matters of measurements, and those that are to be named present themselves accept, and so sign. The judge that subscribes to make it so, mandates and signed with those present so certifying.
Present
6
The actual phrase used was medidores que settn inteligentes en materia de medidas; literally "measurers who are intelligent in matters of measures"; In context, the intent is clear that these persons were "surveyors who are skilled in their craft."Mexican Land Grant - Rancho del Agua Caliente
Translated Version
Page 6
[Paragraph 6]
In the same day, month and year, as cited above, and the same Judge noted in the preceding decree to Mr. Pedro Franco, whom I know; and having heard and understood that which was said, name on his behalf, as surveyors for verifying these measurements, Loreto Osuna and Jose Antonio Villa, skilled men and with confidence in those, I notified so present themselves, accept and sign and proceed to take measurements as mandated. They gave their answer and so signed with me and the witnesses present so certifying.
Present
Mexican Land Grant- Rancho del Agua Caliente
Translated Version
Page 7
[Paragraph 7]
In the Rancho de San Jose de la Agua Caliente, the 9th day of April of the year 1857, before me the judge was read and notarized the naming as surveyors, for Don Pedro Franco, Loreto Osuna and Jose Antonio Villa, neighbors of this frontier and persons that I know, and having heard and understood, said that they accept said obligating task, taking measurements, and swearing to God raising their right hand, that they will carry out well and true said task to their loyal knowledge and understanding, and having completed said survey well and legally, as is their obligation, without fraud nor deceit, against none of the parties, they so declared and they signed making the sign of the cross for their not knowing how to sign (signature) and they made it with the judge and the witnesses present. I so certify .... Among these that came.
PresentMexican Land Grant - Rancho del Agua Caliente
Translated Version
Page 8
[Paragntph 8]
On the Rancho de San Jose de la Agua Caliente, on the l0th day of April of 1857, overseeing the acceptance and swearing spoken by Loreto Osuna and Jose Antonio Villa, surveyors named by don Pedro Franco, for surveying the said two site of Ganado Mayor, in order to proceed to that so specified (the survey) the day, tomorrow, the 11th of the current month at 5 in the morning, which was made known to Don Pedro Franco as the sole interested party, not being neighbors for not having any, as was desired in the preparation of the survey, made by myself, the judge, place by diligence that I authorize and sign with the witnesses in attendance so certifying.
PresentMexican Land Grant - Rancho del Agua Caliente
Translated Version
Page 9
[Paragraph 9]
At the Rancho de San Jose de la Agua Caliente, on the 11th day of April, in the year 1857, at the house of one Mr. Pedro France, I, the same assigned judge, in the former decrees, and on behalf of the interested party, I ordered to appear Loreto Osuna and Jose Antonio Villa, whom I have ordered to encircle a line and measure of 50 varas with a measuring bar from four palm trees, and in effect, the above mentioned, in my presence, measured with a tight and twisted rope with a bar, in effect, until the number of 50 varas was reached, which measured true and legally and by patient observation and knowledge of the interested party, Mr. Pedro France, who paid diligent attention and conducted said measurements as ordered so it was on record and I certify and sign because there were not more witnesses present, I so attest.
Present
Mexican Land Grant - Rancho del Agua Caliente
Translated Version
Page 10
[Paragraph 10]
At the Rancho de San Jose de la Agua Caliente, on the 11th day of April 1857, I, the judge of the former decrees, the interested party, Mr. Pedro Franco being present, ordered that Loreto Osuna and Jose Antonio Villa, named surveyors, proceed to measure the two sites of Ganado Mayor, in the land encompassed by San Jose de la Agua Caliente that touches and belongs to Mr. Pedro Franco, according to the presented titles, having obediently measured again the cord starting at said measurement from said ranch house that is situated at Agua Caliente, that is to say, next to the water supply of Agua Caliente a the top of a hill where it joins the southern gully and the northern gully as shown on the attached drawing. I drew the line7 for the southern gully and it measured 5 thousand varas that ends 100 varas beyond a water supply covered with miro8 trees, giving him possession of all the expanse from the gully that, in total length, contains breadth wise 150 varas of surface9 not counting its latitude, of which I relinquish possession to him. And concerning said ranch house, the line was drawn, being impossible a number of times to draw a straight line due to the unevenness of the land, it was measured by using the gully that was noted, 5 thousand varas that end above where the two gullies divided, and where was placed a stone monument10 including a wooden cross, the sign of the nunnery. Including within a straight line from gully to gully and running to said ranch, I draw the boundary from along the gully that was to the west, and measuring 10 thousand varas, that terminated at the foot of a hill that formed a high lookout, where a stone marker11 was placed, including a wooden cross, the sign of the nunnery, in these gullies the widest of which was 150 varas, and as the immense elevation and the unevenness of the lands and its steepness did not allow the two sites at Ganado Mayor to be aligned, it was granted to him, in any case, and in the name of national Mexican sovereignty and, by the power that is conferred on me by the Lieutenant Governor and Military Commander of the northern portion of Baja California by the authority entrusted to me, it is granted to Mr. Pedro Franco all of the extent of the above mentioned gullies to the top of the mountains from one to the other side to where the measurements end that are marked, to the present knowledge of Mr. Pedro Franco, and at the faith and knowledge of the surveyors, that declared before myself, the judge and witnesses and before the interested party, of the real and present possession of the lands of Agua Caliente, known and named San Jose de la Agua Caliente, at which he is able to freely and exclusively enjoy the joy of legal and peaceful ownership for himself and his subsequent heirs, as acquired property by just title, destining these lands to the use and cultivation that most suits him, and that his tenants and beneficiaries, as sole and legal owner without being obstructed
7
The phrase here was le tiro la cuerda, literally "the string was thrown or shot." The term tiro derives from the verb tirar; literally meaning to throw or to shoot; here understood as shooting a line or actually drawing a straight line.Mexican Land Grant - Rancho del Agua Caliente
Translated Version
Page 11
by being dispossession of this, his property before being compensated first in judgement. And being in conformance with the survey declared by the surveyors and witnesses, testified in the presence of the interested party and sole owner, being satisfactorily in conformance with the survey that was done at the two sites at Ganado Mayor, and with faith of truth and perpetual proof the surveyors signed with me, making the sign of the cross, and making before the judge and those of those normally present, I so certify.
Present
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