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definitely valid without the previous consent of the territorial deputation, to which end the respective documents (cspediontes) shall be forwarded to it.
6th. When the governor shall not obtain tlio approbation of the territorial deputation, he shall report to the supreme government, forwarding the necessary documents for its decision.
7th. The grants made to empressarios for them to colonize with many families shall not be held to be definitely valid until the approval of the supreme government be obtained; to which the necessary documents must be forwarded, along with the report of the territorial deputation. .
8th. The definitive grant asked for being made, a document signed by the governor shall be given, to serve as a title to the party interested, wherein it must be stated that said grant is made in exact conformity with the provisions of the laws in virtue whereof possession shall be given.
9th. The necessary record shall be kept in a book destined for the purpose, of all the petitions presented, and grants made, with the maps of the lands granted, and the circumstantial report shall be forwarded quarterly to the supreme government.
10th. No capitulization shall be admitted for a new town, except the capitulizator bind himself to present, as colonists, twelve families at least.
11th. The governor shall designate to the new colonists a proportionate time within which he shall be bound to cultivate or occupy the land on the terms and with the number of persons or families which he may have capitulized for, it being understood that if he does not comply, the grant of the land shall remain void; nevertheless, the governor may revalidate it in proportion to the part which the party may have fulfilled.
12th. Every new colonist, after having cultivated or occupied the land agreeable to his capitulization, will take care to prove the same before the municipal authority, in order that, the necessary record being made, he may consolidate and secure his right of ownership, so that he may dispose freely thereof.
13th. The reunion of many families into one town shall follow, in its formation, interior government and policy, the rules established by the existing laws for the other towns of the republic, special care being taken that the new ones are built with all possible regularity.
14th. The minimum of irrigable land to be given to one person for colonization shall be 200 varas square, the minimum of land called de temporal shall be 800 varas square, and the minimum for breeding cattle (cfe obsevadeso) shall be 1,200 varas square.
15th. The land given for a house-lot shall be 100 varas.
16th. The spaces which may remain between the colonized lands may be distributed among the adjoining proprietors who shall have cultivated theirs with the most application, and have not received the whole extent of land allowed by the law, or to the children of said proprietors, who may ask for them to combine the possessions of their families; but on this subject particular attention must be paid to the morality and industry of the parties.
17th. In those territories where there are missions, the lands occupied by them cannot be colonized at present, nor .until it be determined whether they are to bo considered as the property of the establishments of the neophytes, catechumens, and Mexican colonists.
APPENDIX No. 13.
Article 1. Government will proceed to secularize the missions of Upper and Lower California.
Art. 2. In each of said missions a parish shall be established under the charge of a parish priest of the secular clergy, with a salary of from $2,000 to $2,500 per annum, at the discretion of the government.
Art. 3. These parish curates shall exact no enrolment for marriages, baptisms, burials, or any other religious functions. With respect to fees of pomp, they may receive such as shall be expressly stipulated in the tariff to be formed for this object, with as little delay as possible, by the reverend bishop of the diocess, and approved by the supreme government.
Art. 4. The churches which have hitherto served the different missions, with the sacred vessels, ornaments, and different appurtenances now belonging to them, shall be assigned to these new parishes, and also such buildings annexed to the said churches as the government may deem necessary for the most decent use of said parish.
Art. 5. The government will order a burial-ground to be erected outside of each parish.
Art. 6. There are $500 per annum assigned to each parish as a donation for religious worship and servants.
Art. 7. Of the buildings belonging to each mission, the most appropriate shall be designated for the habitation of the curate, with the addition of a ground lot which shall not exceed 200 varas square; and the remaining . edifices shall be specially adjudicated for a court-house, preparatory schools, public establishments, and workshops.
Art. 8. In order to provide quickly and efficaciously for the spiritual necessities of both Californias, a vicar-generalship shall be established in the capital of Upper California, the jurisdiction of which shall extend to both territories; and the reverend diocesan shall confer upon its incumbent the necessary faculties, with the greatest amplitude possible.
Art. 9. For the donation of this vicar-generalship $3,000 per annum shall be assigned ; but the vicar shall be at all the expense of his office, and not exact under any title or pretext any fee whatever, not even f;r paper.
Art. 10. If by any motive the vicar generalship should be filled by the parish curate of the capital of any other parish in those districts, said curate shall receive $1,500 yearly, in addition to the donation of his curacy.
Art. 11. No custom obliging the inhabitants of California to make oblations however pious they may be, although they may be called necessary ones, can be introduced; and neither time, nor the consent of the citizens themselves, can give chem any force or virtue.
Art. 12. The government will efficaciously take care that the reverend diocesan himself concur in carrying into effect the object of this law.
Art. 13. When these new curates are named, the supreme government will gratuitously furnish a passage by sea for them and their families ; and besides that, may give to each one from $400 to $800 for their journey by land, according to the distance, and the family they take with them.
Art. 14. Government will pay the passage of the missionary priests who return to Mexico; and in order that they may comfortably reach their convents by land, it may give to each one from $200 to $300, and, at its discretion, what may be considered necessary for those to leave the republic who have not sworn to the independence.
Art. 15. The supreme government will provide for the expenses comprehended in this law out of the product of the estates, capitals, and revenues at present recognised as the pious fund of the missions of California.
APPENDIX No. 14.
Provisional regulations for the secularization of the missions of Upper California promulgated by Governor Jose Figueron on the 9th of August 1834.
Article 1. The governor, agreeable to the spirit of the law of the 17th August, 1833, and to the instructions which he has received from the supreme government, will, with the co-operation of the prelates of the missionary priests, partially convert into pueblos the missions of this territory, beginning in the next month of August, and commencing at first with ten missions and afterwards with the remainder.
Art. 2. The missionary priests will be exonerated from the administration of temporalities, and will only exercise the functions of their ministry in matters appertaining to the spiritual administration, until the formal division
of parishes be made, and the supreme government and diocesan provide curates.
Art. 3. The territorial government will reassume the administration of temporalities in the directive part, according to the following bases:
Art. 4. The supreme government will, by the quickest route, be requested to approve of these provisional regulations.
Distribution of property and lands.
Art. 5. To every individual head of a family, and to all those above twenty-one years of age, although they have no family, a lot of land, whether irrigable or otherwise, if not exceeding 400 varas square, nor less than one hundred, shall be given out of the common land3 of the missions; and in community a sufficient quantity of land shall be allotted them for watering their cattle. Common lands shall be assigned to each pueblo, and, when convenient, municipal lands also.
Art. 6. One half of the self-moving property (cattle) shall be distributed among the said individuals, in a proportionable and equitable manner, at the discretion of the governor, taking as a basis the last accounts of all kinds of cattle presented by the missionaries.
Art. 7. One half or less of the chattels, instruments, andjseeds on hand, and indispensable for the cultivation of ground, shall be divided proportionably among them.
Art. 8. The remainder of all the lands, landed property, cattle, and all other property on hand, will remain under the care and responsibility of the mayordomos, or other officers whom the governor may name, at the disposal of the supreme federal government.
Art. 9. From the common mass of this property the subsistence of the missionary padres, the pay of the mayordomos, and other servants, the expenses of religious worship, schools, and other objects of policy and ornament, shall be provided.
Art. 10. The governor, having under his charge the direction of temporal affairs, will determine and regulate, according to circumstances, all the expenses necessary to be laid out, as well for the execution of this plan as for the conservation and augmentation of this property.
Art. 11. The missionary minister will select the locality in the mission which may best suit him, for his own habitation and that of his servants and attendants; and he shall be furnished with the necessary furniture and implements.
Art. 12. The library, sacred dresses, ornaments, and furniture of the church, shall be put in charge of the missionary jpadre, under the responsibility of the person who acts as subscriber, and whom the priest himself shall elect, and a reasonable salary be given for his trouble.
Art. 13. General inventories shall be made of all property on hand in
each mission, with due separation and explanation of the different branches; of the books, debit, and credit, and all kinds of papers; of the amount owing by and to the missions; which document and account shall be forwarded to the supreme government.
Political government of the pueblos.
Art. 14. The political government of the pueblos shall be organized in perfect conformity with the existing laws; the governor will give the necessary instructions to have ayuntamientos established and elections made.
Art. 15. The economical government of the pueblos shall be under the charge of the ayuntamientos; but as far as regards the administration of justice in contentious affairs, they will be subject to the primary judges of the nearest towns constitutionally established.
Art. 16. The emancipated Indians will be obliged to assist at the indispensable common labor which, in the opinion of the governor, may be judged necessary for the cultivation of the vineyards, orchards, and cornfields, which, for the present, remain undisposed of until the resolution of the supreme government.
Art. 17. Said emancipated Indians will render to the missionary priest the necessary personal service for the attention of his person.
Art. 18. They cannot sell, burden, or alienate, under any pretext, the lands which may be given them; neither can they sell their cattle. Whatever contracts may be made against these orders shall be of no value: the government will reclaim the property as belonging to the nation, and the purchasers shall lose their money.
Art. 19. The lands whose owners shall die without heirs, shall revert to the possession of the nation.
Art. 20. The governor will name such commissioners as he may see fit to carry this plan and its incidents into effect.
Art. 21. The governor is authorized to resolve any doubt or matter which may arise relative to the execution of these regulations.
Art. 22. Until these regulations be put in force, the reverend missionary padres are prohibited from slaughtering cattle in large quantities, except the common and ordinary number accustomed to be killed for the subsistence of the neophytes, without allowing any waste.
Art. 23. The debts of the mission shall be paid in preference, out of the common mass of the property, at the time and in the manner that the governor shall determine.
And in order that these regulations be exactly complied with, the following order shall be observed: