Page:History of California, Volume 3 (Bancroft).djvu/347

Rh Shortly before the prevenciones de emancipacion were issued, President Duran had written to Figueroa a strong letter on the subject, basing his opposition to emancipation on the state of things which he had found to exist at Los Angeles, and by which he claimed to have been undeceived and surprised. The emancipated may form a pueblo if there be a sufficient number of families. There they will be given lots of a size corresponding to the amount of land at the place, where they may build their houses so as to form streets and plaza symmetrically as provided by ancient and modern laws. Lands will likewise be assigned for egidos of the pueblo. 6. The newly founded pueblos — according to decree of May 23, 1812 — will remain for the present attached to the nearest municipality or military command, which, in accordance with laws and regulations in force and with these prevenciones, will care for the police, embellishment, order, and other objects of economical government in the pueblos intrusted to their care. 7. As the emancipated cease to be minors and enter upon the enjoyment of citizens' rights, the authorities will see that they are considered on terms of equality with others in elections and hold municipal offices according to fitness and good conduct. Still in order that they may be accustomed and taught to govern according to the federal system, there are to be appointed annually from their number an alcalde, 2 regidores, and a síndico procurator, to be intrusted with the economical government of their pueblo, but to remain subject in the administration of justice, civil and criminal, to the judges of first instance and other superior tribunals. 8. They must immediately build houses in regular order on their lots, which they must enclose with fruit trees or other useful trees. 9. The minister and comisionado will assign the best land nearest the pueblo, where there will be given to each family a field, and to the pueblo grazing lands and 2 caballerías of land for propios, all in the name of the Mexican nation. 10. Fields to be 200 varas square, and common grazing lands in proportion to the amount of live-stock up to 2 sitios or a little more. 11. Products of land and property of the propios to be applied to expense of worship, church, public buildings, schools, etc. Such property to be administered by a majordomo, elected for 4 years from the emancipated and watched by the alcalde and priest, who may remove him for cause, and who are to use the product of the property for the purposes specified, with the approval of the gefe político. Routine of annual reports and accounts. 12. The comisionado and priest to render full report with lists, etc., of the new foundations. 13. The gefe político to give titles to lands, and license to use a mark for cattle. 14, 15. Each family to receive from the mission property 2 mares, 2 cows, 2 ewes, with implements, etc., but all subject to variation according to the circumstances of the mission and judgment of comisionado and priest. 16. 100 cattle and 23 horses to be given for the propios if the mission has sufficient to do so; otherwise, what it can give. 17. Each individual will mark his animals; but for two years they are to be tended in common by persons appointed alternately by the alcalde for the purpose. For one year no animal can be killed or sold; nor afterwards all the stock of any individual. Penalty, a return to mission life. 18. They will enjoy in common the use of water, grass, wood, etc., on the lands assigned for egidos and pasturage. 19. The land to be the property of the individual to whom it is assigned, and of his heirs; but it cannot be divided nor transferred. 20. No mortgage, lien, or mortmain title can be imposed on the land, under penalty of confiscation. 21. The emancipated must aid in the common work of the pueblo on ditches, dams, corrals, rodeos, constructing church and other public buildings. They must mark the boundaries of their fields with useful trees. 22. Land left vacant by the death of the owner without heirs reverts to the nation. 23. The emancipated