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 for

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 them 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. 4. 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 lands 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, and seeds 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 padre, 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.

Restrictions.

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.

General orders.

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:

As soon as the commissioners receive the order and their appointment they will present themselves in the respective missions and commence the execu tion of the plan, conforming themselves in all respects to the tenor thereof and to these orders. They will manifest their respective credentials to the priest in charge of the mission and act in concert with him, behaving towards him with the harmony, politeness, and respect which are his due.

Second. The priests will immediately deliver, and the commissioners receive, the cash books, accounts, and other documents relative to property and debts owing by and to the missions. They will afterwards proceed to make out the general inventories (agreeable to article 13 of these regulations) of all property on hand, including the buildings, church, workshops, and other premises, with distinction of what belongs to each department; that is, the utensils, instruments, or ornaments which belong to each. After enumerating all that belongs to the establishment, they will continue with the things belonging to the country; that is, landed property, such as vineyards, orchards, with the number of trees if possible, mills, fences, &c.; after this the cattle and all thereunto belonging. But, as it will be difficult to count said cattle, on account of the number, and want of horses, they shall be examined by two intelligent persons of probity, who will calculate as near as they can the number of each kind; and this shall be put in the inventory. As soon as anything is put into the inventory, it shall be taken out of the charge of the priest and placed at the disposal of the commissiner or mayordomo; but no innovation shall be made in the order of labour and servants until experience may render it necessary, excepting in such common matters as are commonly varied whenever it may be necessary.

Third. The commissioner, in conjunction with the mayordomo, will see that all superfluous expenses cease, and that a well regulated economy be established in everything which merits reform.

Fourth. Before making an inventory of the outside or country property, the commissioners will endeavour to explain to the Indians, with suavity and patience, that the missions are going to be converted into pueblos; that they will only remain subordinate to the priest in matters in relation to the spiritual administration; that the lands and property will be divided out among them, so that each one may work, maintain, and govern himself without dependence on any one; that the houses in which they live will become their own property; and that, in order to this, they must submit to what is commanded in these regulations and orders, which must be explained to them in the best possible manner. They will likewise have immediately divided out to them the lots for cultivation, agreeable to the fifth article of these regula tions. The commissioner, padre, and mayordomo, will select the locality where this is to be, choosing the best and nearest to the mission; and they will give to each the quantity of land which they can cultivate, according to their aptness and family, without exceeding the maximum stipulated. They

will likewise see that each person marks his land in the manner most conven

ient to him.

Fifth. The debts (of the mission) shall be paid out of the common mass of the property on hand; but neither the commissioner nor the mayordomos shall do this without an express order from the government, which must be informed in preference, respecting the matter, in order that it may resolve, and in view thereof determine, the number of cattle which is to be divided out amongst the neophytes, in order that it may take effect as soon as possible, according to what is stipulated in article sixth.

Sixth. The implements and tools necessary for cultivating the soil shall be divided out in the quantity mentioned in article 7, either in community or individually, as may appear best to the commissioner and the priest. The grain shall remain undivided, and be served out to the Indians in the usual rations.

Seventh. What is called the nunnery shall immediately be abolished, and the girls therein shall be delivered over to their parents, recommending to them the care which they ought to take of them, and explaining to them their obligations as parents. The same shall be done with respect to the boys.

Eighth. The commissioner, after having acquired the necessary information and acquaintance, will, as soon as may be proper, report to this government one or more individuals whom he may consider apt and honest for mayordomos, according to article 8th, whether they be the same who are actually employed in the missions or others. He will likewise suggest the amount of salary which he thinks they ought to receive, according to the labour of each mission.

Ninth. The rancherias situated at a distance from the missions, and containing more than twenty-five families, may, if they choose, form a separate pueblo, and the distribution of lands and property shall there take place in the manner pointed out for the rest. The rancherias which do not contain twenty-five families, although they remain where they now reside, will form a district or ward, and belong to the nearest pueblo.

Tenth. The commissioner will make known the number of souls in each pueblo, in order to designate the number of municipal officers, and to order the elections to be made, which shall be carried on, as far as possible, in the manner prescribed by the law of 12th June, 1830.

Eleventh. The commissioners will take all such executive measures as the state of affairs may demand, and inform the government; and in doubtful or grave affairs they will consult it.

Twelfth. In all other respects the commissioners, the padres, the mayordomos, and Indians, will act in conformity with these regulations.