John Catron

“ This was a grant to Samuel Miles, dated 18th July 1813, for five miles square of land, or 16,000 acres, at the mouth of the river Santa Lucia. The first question is, was the grant made in property and dominion, or was it made on condition that a water saw-mill should be erected? The petitioner sets forth various merits and losses, and asks the governor to be pleased to grant to him, in virtue of these, the possession of five miles square for the construction of a water saw-mill, fit for the purpose, at a place that is vacant, at the mouth of the river Santa Lucia. ”

“ Taking into consideration the benefit and utility that will redound to the province, from a machine for sawing lumber, which the party proposes to construct in the place which he points out, and also paying attention to the services and other matters which he sets forth, let there be granted to him the five miles square of land which he solicits, without injury to a better right; and in order to prove this grant, let there be delivered to him from the secretary's office, the necessary certified copy. ”

“ The survey was a private act; the plat and certificate private papers, delivered to the grantee, of which no record was made in the surveyor-general's office; and of which the governor could take no notice, unless it was presented to him, and extrinsic proof made that it was for the land granted; and that it had been lawfully made in regard to navigable waters, roads, adjoining granted lands, and line-marks. Then he could have ordered a perfect title to issue, founded on the survey ”