Page:Federal Reporter, 1st Series, Volume 9.djvu/742

MANNING V. SAN JACINTO TIN CO. 727 �and the customs of miners of the district, located and claimed a large number of tin mines, some 400 claims, as I make the number, in the county of San Bernardino, and worked them in such manner as to secure the seyeral claims and entitle them to patents under the acts of oongress, — having expended on each claim over $1,000, and, in ■the aggregate, |175,000 prier to said October 27, 1867, — the landa on which said mines were located being at the time unsurveyed pub- lic lands of the United States; that in 1846 Gov. Pio Pico granted to Maria del Rosario Estudillo de Aguirre 11 leagues of land in what is now San Diego county, under the name of "Rancho Sobrante de San Jacinto Viejo y Nievo," said land being within larger exterior boundaries, and the surplus of other grants, and the survey to be oommenced from the boundaries of tw& other named ranehos, situate in a tract of land theretofore known as "San Jacinto;" that in purr suanee of the conditions of said grant said Maria entered upon said land, erected a house, and thenceforth to the present time lived thereon, and occupied and enjoyed said rancho; that on said October 27, 1867, the president of the United States issued a patent for said grant to said Maria, granting to her the said land granted by said Pio Pico by the name aforesaid, being tho surplus remaining within -the boundaries of the tract called "San Jaeinto," as shown in the espediente of Miguel Pedrorena filed in the application for confirmation before the board of land commissioners over the lands granted to Estu- dillo and Pedrorena, said patent for a more particular description of the lands referring to a survey and plat annexed to said patent purport- ing to have been made by the United States surveyor general of Oali- fornia, and approved by him and by the commissioner of the general land-office, and the secretaryof the interior; that he is informed and believes, and so charges the fact to be, that said land described in said plat and patent is not the land granted by Pio Pico and settled upon and occupied by said Maria, nor any part of the same, nor within the larger exterior boundaries from vrhioh. said mbrante was to be taken; but that said land described in said plat and patent is situate in the county of San Bernardino, more than 6 miles at the nearest point, and more than 20 miles from the furthest point, away from said land; that said land was never snrveyed in the ifield, but said plat was arbi- trarily made up in the surveyor general's office without any data other than surveys of other ranehos, and without any regp^rd- to the decree of the court or said espediente, for the fraudulent purpose of suf- reptitiously embracing and securing said large nuniber of tin mines ��� �