4 FEDERAL REPORTER, vol. 38.
location, pre-emption and homestead." A map, showing distinctly the
A lands so withdrawn, accompanied said order. Said order of withdrawal
and map were received and Bled in the district land-oihce, and went
into effect, at latest, on January 30, 1865. This action was before any
of the lands in township 2, range 1, had been surveyed in the field, and
before any plat recognized by the department as official, of the lands
surveyed in township 3, range 3, had been Bled, but after this latter
township hadvbeen actually surveyed in the field. The road having
been fully completed and accepted by the president, the railroad com-
, pany Bled its map of deBnite location on February 1, 1870. In 1839
the Mexican governor, Alvarado, made a grant of land called " Las Poci-
tas," to one Livermore and another, who presented it to the board of
land commissioners for confirmation, and it was confirmed by the board,
February 14, 1854. The decree is in the words following, to-wit:
"The lands of which confirmation are hereby made of *Las Pocitas,’ are
bounded and described as follows, to-wit: On the north by the Lomas de las
Cuevas; on the east by the Sierra de Buenos Ayres; on the south by the divid-
ing line of the establishment of San Jose; and on the west by the rancho of
Don Jose Dolores Pacheco, containing in all two square leagues, a little more
or less. Reference for further description to be had to the map marked • C,’
and filed in the cause."
The exterior boundaries contained from 10 to 12 leagues. The dis-
trict court, on appeal, atlirmed the decree of the board, February 18,
1859, and the supreme court of the United States finally conBrmed the
grant on appeal in January, 1861.* The final decree of confirmation is
in the words following: A
"The land of which confirmation is hereby made is known as *Las P0citas,’
and is bounded and described as follows, to-wit: On the north by the Lomas
de las Cuevas; on the east by the Sierra de Buenos Ayres; on the south by the
dividing line of the establishment of San Jose; and on the west by the rancho
of Don Jose Dolores Pacheco, containing in all two square leagues, provided
that quantity be contained within the boundaries named, and if less than that
quantity be contained therein, then theless quantity is hereby confirmed.
Reference for further description to be had to the map marked * C,’ Bled in
this case.", - J ‘
, After confirmation by the board, and before the appeal, at the request
of Livermore, then the owner of the grant, on April 5, 1854, William J .
Lewis, a deputy-surveyor, was directed by the United States surveyor
general of California to make a survey. He was directed to notify any
adjoining claimants who might be interested, of the time and place when
any line would be run; to note any objections, and report any protest
that might be made. He made the survey in accordance with the in-
structions. Livermore being present, and pointing out his corners and
boundaries; and the deputy-surveyor reported that the owner, Liver-
more, "expressed himself entirely satisfied with the boundaries as I sur-
veyed them, and as represented in the accompanying map." He reports
that he has no doubt that " the survey as made fulfills the intentions of
the Mexican grant, as derived from the terms of the grant." The neigh-
{ . 'Not reported. ‘ I - _ , _