What I Saw in California eBook

Edwin Bryant
This eBook from the Gutenberg Project consists of approximately 256 pages of information about What I Saw in California.

What I Saw in California eBook

Edwin Bryant
This eBook from the Gutenberg Project consists of approximately 256 pages of information about What I Saw in California.
and in cases for minor offences, and for debt in sums not over one hundred dollars.  In cases of heinous or capital offences, the alcalde has simply an examining power, the testimony being taken down in writing, and transmit-to the juez de primera instancia, or first judge of the district, before whom the case is tried.  Civil actions, for sums over one hundred dollars, must also be tried before the juez de primera instancia, and from him there is an appeal to the prefect, or the governor of the province.  The trial by hombres buenos, or good men, is one of the established legal tribunals when either of the parties demand it, and is similar to our trial by jury; the difference being in the number, the hombres buenos usually consisting of three or five, as they may be ordered by the magistrate, or requested by the litigants, and our jury of twelve.  With honest and intelligent magistrates, the system operates advantageously, as justice is speedy and certain; but the reverse of this, with corrupt and ignorant magistrates, too frequently in power, the consequences of the system are as bad as can well be imagined.

The policy of the Mexican government has been to encourage in certain localities the erection of pueblos, or towns, and for this purpose they have made grants of land to the local authorities, or municipalities, within certain defined limits, to be regranted upon application, in lots of fifty or one hundred varass, as the case may be, to persons declaring their intention to settle and to do business in the town.  For these grants to individuals a certain sum of money is paid, which goes into the treasury of the municipality.  The magistrates, however, without special permission, have no power to grant lots of land within a certain number of feet of or below high-water mark.  The power is reserved to be exercised by the governor of the province.  It being necessary for the convenient landing of ships, and for the discharging and receiving of their cargoes, that the beach in front of the town of San Francisco should be improved with wharfs, etc., etc., and that titles should be granted to individuals who otherwise would make no durable improvements.  As magistrate of the town, in compliance with the request of numerous citizens, I solicited from General Kearny, the acting governor, a relinquishment, on the part of the general government, of the beach lands in front of the town in favour of the municipality, under certain conditions.  This was granted by the Governor, who issued a decree dated 10th March, permitting the sales by auction of all such grounds adjacent to the water-side as might be found adapted to commercial purposes, with the exception of such lots as might be selected for the use of the United States government, by its proper officers.  The sales accordingly took place, the lots were eagerly purchased, and the port has already become a place of considerable commercial activity.

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What I Saw in California from Project Gutenberg. Public domain.