Surveyors shall have three ducats per diem.

The Alguazils shall have four reals for a summons to appear, and for a demand of payment. They shall also receive the same sum for obtain-ing documents of every description. They shall have eight reals for arrest-ing and conducting to prison. The sergeant, in this case, shall have the same.

Jail Fees. —The alguazil mayor shall have twelve reals for every free person imprisoned, and eight reals for a slave.'

At New-Orleans, the 25th November, 1769.

Don Alexander O'Eeillt.

-'>g!!gtgi ii i,L,4ii iii g-i LB_ij;jiLi4L.,-»!j i !'Jl,t^^^^ ^

it of twenty-five lines

ilia for each sheet of which he shall assess.

0 OTHER ErrECTS.—

iture, houses, slaves, ippraisement may re-

1 OF Silver.— A larifs, ve a ducat for every and if the same shall imand more than four md the appraisement

have two ducats per count of the distance, igh the appraisement hall be paid as if the

be furnished with a er of silver shall have cles may be valuable, ».

n diem, and the same in the country, wood-

ons to appear, and for same sum for obtain-ei«;ht reals for arrest-) case, shall have the

e reals for every free

XANDER O'ReILLT.

APPENDIX.

289

Don Alexander O^Reilhj, Commander of Benfayan, of the order of Alcanta-ra, Inspector-General of Infantry, appointed by special commission, Gover-nor and Captain-General of this profvince of Louisiana.

Divers complaints and petitions which have been addressed to us by inhabitants of Opelausas, Attakapas, Natchitoches and other places ot this province, joined to the knowledge we have acquired of the local concerns, culture, and means of the inhabitants, by the visit which we have lately made to the German Coast, Acadian Coast, Iberyille, and Pointe Couple, with the examination we have made of the reports of the inhabitants as-sembled, by our order, in each district, having convinced us that the tran-quillity of the said inhabitants, and the progress of cultivation required a new regulation, which should fix the extent of the grants of lands, which shall hereafter be made, as well as the enclosures, cleared lands, road and bridges, which the inhabitants are bound to keep in repair, and to point out the damage by cattle, for which the proprietors shall be responsible. For these causes, and having nothing in view but the public good, and the happiness of every inhabitant., after having advised with persons well informed in these matters, we have regulated all those objects in the fol-lowing articles:

1. There shall be granted to each newly arrived family who may wish to establish itself on the borders of the river, six or eight arpents in front, (according to the means of the cultivator,) by forty arpents in depth; in order that it may have the benefit of the cypress wood, which is as neces-sary as it is useful to the inhabitants.

2. The grantees established on the borders of the river shall be held bound to make, within the three first years of possession, levees sufficient for the preservation of the land, and the ditches necessary to carry off the water. They shall, besides, keep the roads in good repair, of the width of at least forty feet between the inner ditch which runs along the levee and the barrier, with bridges of twelve feet over the ditches which may cross the roads. The said grantees shall be held bound, within the said term of three years' possession, to clear the whole front of their land to the depth of two arpents; and, in default of fulfilling those conditions, their lands shall revert to the king's domain, to be granted again ; ancl the judge of each place shall be responsible to the governor for the superintendence of this regulation.

3. The said grants can neither be sold nor alienated by the proprietors, until after three years possession, and until the above mentioned conditions shall have been entirely fulfilled. To guard against every evasion injthis respect, the sales of the said lands cannot be made without a written per-mission from the governor-general, who will not grant it imtil, on strict inquiry, it shall be found that the conditions above explained have been duly executed.

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il

ll

4

11

^s^^titaaaulit

290

APPENDIX.

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4. Tlie iwiuts formed by the lands on the Mississippi River, leaving in some places but little depth, there may be granted, in these cases, twelve arpents of front; and, on a supix)silion that these points should not be ap-plied for by any inhabitant, they shall be distributed to the settlers nearest thereto, in order that the communication of the roads may not be inter-rupted.

5. If a tract belonging to minors should remain uncleared, and the levees and the roads should not bo kept in repair, the judge of the quarter shall inquire info the cause thereof. If attributable to the guardian, he shall oblige him to conform promptly to this regulation; but if arising from want of means in the minors, the judge, after having, by a verbal process, obtained proof thereof, shall report the same to the governor-general, to the end that the said land may be sold for the benefit of the minors, (a special favor, granted to minors only;) but if no person shall, within six months, be found, the said land shall be conceded gratis.

6. Every inhabitant shall be hold bound to enclose, vdlhin three years, the whole front of his land which shall be cleared; andfor the remainder of his enclosure he will agree with his neighbors, in proportion to his cleared lands and his means. >

7. Cattle shall be permitted to go at large, from the eleventh of Novenj-ber of one year, to the fifteenth of March of the year following: and at all other times the proprietor shall be responsible for the damage that his cattle may have done to his neighbors. He who shall have suffered the damage may complain to the judge of the district, who, after having satisfied him-self of the truth thereof, shall name experienced men to estimate the value of the same, and shall then order remuneration without delay.

8. No grant in Opelousas, Attakapas, and Natchitoches shall exceed one league in from by one league in depth; but when the land granted shall not have that depth, a league and a half in front by half a league in depth may be granted.

9. To obtain in the Opelousas, Attakapas and Natchitoches, a grant of forty-two arpents in front by forty-two arpents in deptli, the applicant must make it appear that he is possessor of one hundred head of tame cattle, some horses and sheep, and two slaves to look after them ; a proportion of which shall always be observed for the grants to be made in the said places, but none shall ever be made of greater extent than that declared in the preceding article.

10. All cattle shall be branded by the proprietors; and those who shall not have branded them at the age of eighteen months cannot thereafter claim any property therein.

11. Nothing being more injurious to the inhabitants than strayed cattle, without the destruction of which tame cattle cannot increase, and the in-habitants will continue to labor under those evils of which they have so often complained to us; and considering that the province is at present

■■"^iiStiB

IMMHinMMIIiW

i River, leaving in these cases, twelve s should not be ap-the settlers nearest 3 may not be inter-

inclearod, and the idge of the quarter to the guardian, he ion; but if arising avinsr, by a verbal

0 lo the jnrovernor-r the benefit of the . if no person shall, ceded gratis. \^(hin three years, :lTor tiie remainder

1 proportion to his

eleventh of Novenj-llowing; and at ail mage that his cattle iffered the damage iving satisfied him-ostimate the value it delay.

jches shall exceed Ml the land granted by half a league in

hitoches, a grant of , the applicant must ead of tame cattle, sm ; a proportion of I made in the said than that declared

and those who shall IS cannot thereafter

than strayed cattle, ncrease, and the in-which they have so •evince is at present

mmmi'm

APPENDIX.

291

infested with strayed cattle, we allow to the proprietors until the 1st day of July, of the next year, one thousand seven hundred and seventy-one, and no longer, to collect and kill, for their use, the said strayed cattle; after which^time they shall be considered wild, and may be killed by any per-son whomsoever, and no oneTshall oppose himself thereto, or lay claim to any property therein.

11. All grants shall be made in the name of the king, by the governor-general of the province, who will, at the same time appoint a surveyor to fix the bounds thereof, both in front and depth, in presence of the ordinarj-judge of the district, and of two adjoining settlers, who shall be present at tlie survey. The above mentioned four persons shall sign the proces-verbal which shall be made thereof, and the surveyor shall make three copies'of the same; one of which shall be deposito<l in the office of the escribano of the government and cabildo, and another shall be delivered to the governor-general, and the third to the proprietor, to be annexed to the titles of his grant.

In pursuance of the powers which our lord, the king, (whom God pre-ssrve) has been pleasetl to confide to us, by his patent issued at Aranjuez, the 16th of April, 1869, to establish in the military, the police, and in the administration of justice, and his finances, such regulation as should be conducive to his service and the happiness of his subjects in this colony, with the reserve of his majesty's good pleasure, we order and command the governor, judges, cabildo, and all the inhabitants of this province, to conform punctually to all that is required by this regulation.

Given at New-Orleans, the ISth Febrmry, 1770.

Don Alexander O'Reilly.

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