John Catron

“ James Mackay, and due attention being paid to his merits and good services, the surveyor of this Upper Louisiana, Don Antonio Soulard, shall put the interested party into possession of the land which he solicits, in the place designated in this memorial, and this being executed, he shall draw a plat of his survey, delivering the same to the party, with his certificate, in order that it shall serve to him to obtain the concession and title in form, from the intendant-general, to whom alone corresponds, by royal order, the distributing and granting all classes of lands of the royal domain. ”

“ By the fourth section of the act, all those asserting claims to land founded on concessions or other assumptions of right to obtain titles from the United States, and which claims originated with the French or Spanish governments prior to the 20th of December, 1803, were required, on or before the 1st day of March, 1806, to deliver to the recorder written notices of claim, stating the nature and extent thereof, together with a plat of the tract claimed, and written evidences tending to establish the right. ”

“ Whensoever it shall be proven, that any one has taken the rope of an animal fastened in the prairie, he shall pay ten pounds therefor, without prejudice to the five pounds for the taking, and the damages which he shall have occasioned, according to the estimate of the arbiters, which shall be made thereof. ”

“ The land lying south of the Chouteau mill tract was owned by the inhabitants of St. Louis, or most of them, as a common. I knew the situation of the Barriere des Noyers field,-but not the situation of the common fence in relation thereto. I cannot tell whether common fence was west of Mackay's claim. The common fence began at the windmill, which is at the upper end of the town of St. Louis, at Menard house, betwixt the windmill and ox-mill, and run up in a western direction, passing by a little mound south of Ashley's premises to the front line of the forty arpents tract ”

“ Louis, claiming four thousand two hundred and ninety-three arpents of land as a common, produce a certificate of survey of the same, dated 22d of February, 1806,-a set of regulations of the inhabitants, having for object the keeping in order or repairing of the inclosure of said commons, and imposing penalties on such as should neglect or refuse to repair the same. Said regulations, signed by the then Lieutenant-Governor, Cruzat, and dated September 22d, 1782. Auguste Chouteau, being duly sworn, says, that the inhabitants never had a concession for said commons. ”

“ If the last who shall have made the visit of examination to the inclosure shall not have given notice to the Syndic of the condition in which he shall have found them, and if, in the interval between his visit and that which is subsequently to be made, it shall be proved that the animals have escaped, and that they have done any damage, he shall be forced to pay for it ”

“ The first day of every year there shall be named publicly in the government-chamber, in the presence of Monsieur the Lieutenant-Governor, a Syndic, and immediately afterwards eight arbiters, who shall make the first examination of the inclosures of the commons. ”

“ Malefactors surprised in making a breach in the inclosures, whether to pass themselves, or to allow the animals to pass, whatsoever be the motive, shall be condemned to pay, besides the damages they may have caused, a fine of fifty pounds, and to undergo an imprisonment of fifteen days. ”

“ The act of 1833 directed the commissioners to embrace every claim to a donation of land, held in virtue of settlement and cultivation.
Plaintiffs then read in evidence, from the report of the recorder and commissioners for the adjustment of land titles in Missouri, under the acts of Congress of the 9th of July, 1832, and 2d of March, 1833, printed by authority of Congress, all under the head of No. 54 (James Mackay claiming two hundred and more arpents,) pp. ”

“ If horses or animals tied in the prairies break their rope, and come to be taken up in the fields, he who takes them up shall receive five pounds per head; and the proprietor of the land whereon they are so taken shall demand the damages, which shall be assessed to him by the arbiters. ”

“ The first duty of the Syndics, immediately after their election, shall be, to examine for themselves the interior locality of the village, and to cause without delay the streets, canals, and bridges to be repaired by the persons who are bound so to do, and whom we indicate below; and that if any one refuse to conform thereto, they have recourse to law to compel them to fulfil an object so indispensable for the public convenience. ”

“ That Mackay's survey of commons, including his claim, is good evidence to go to the jury that the claim of commons did not extend over and cover Mackay's claim. That the deed from the city to Dent conveyed no title under which defendant may justify in this action. That the deed from the city to Dillon conveyed no title under which defendant may justify in this action.'Refused,-all and each of which instructions the court refused to give; to which judgment of the court overruling plaintiff's motion, and refusing to give the said instructions, or any of them, plaintiffs excepted. ”

“ A witness is now admitted.
'Antoine Soulard, duly sworn, says that this claim was granted to claimant by C. D. Delassus, Lieutenant-Governor, on the recommendation of his successor, Z. Suedeau, who had promised the same. It was surveyed under the Spanish government, and has ever since been considered as property of claimant; that corn was raised on premises for claimant, during three or four of the last years.
'Note. No more abandoned than may fall within the commons, should they be confirmed. ”

“ ANTONIO SOULARD Particular Surveyor.'4. Proceedings of the board of commissioners established by the act of Congress, passed the 2d of March, 1805.
This act provided for the appointment of three persons, who should examine and decide on all claims submitted to them, and report the result to the Secretary of the Treasury, who was directed to communicate it to Congress. ”

“ Clement B. Penrose, commissioner, voting for a confirmation thereof under the usages and customs of the Spanish government. Board adjourned till Monday next, nine o'clock, A. M.
JOHN B. C. LUCAS.
CLEMENT B. PENROSE.
FREDERICK BATES.
'See commissioner's minutes, book No. 5, pp. 551-553.'
4. Act of Congress, passed the 13th of June, 1812 (2 Lit. & Brown's ed. 748) . ”