.livl 
 
 
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 (Snrnrll Slam Srljunl Hibrarg 
 
KFC 825?A83" ""'™"">' "-Ibrary 
 
The original of tiiis book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/cletails/cu31924024625414 
 
REPORT OF THE ATTORNEY-GENERAL 
 
 CONCERNING THE 
 
 ITLE TO STATE PRISOI LANDS 
 
 AT POINT SAN QUENTIN, 
 
 IN ACCORDANCE WITH 
 
 THE JOINT KESOLUTION OF THE TWO HOUSES. 
 
13 7^ZSL\ 
 
 KEN J. P. AVEKY STATE VRINTER. 
 
REPOKT. 
 
 To the Honorable the Legislature of the State of California : 
 
 In accordance with a resolution of the Senate and Assembly, adopted 
 March second and fourth, directing me "to investigate all questions 
 affecting the title to the lands at Point San Quentin covered by or adja- 
 cent to any of the Prison buildings or improvements," I have made 
 such partial examination as the time and opportunity afforded has en- 
 Tabled me. 
 
 Accompanying this report I send you an abstract of title to the lands 
 upon which the Prison is erected, accompanied with a rough chart, in- 
 dicating the location of Prison, guard-houses, gardens, commissary store- 
 house, wells, etc. 
 
 The Surveyor-General has caused a survey to be made of the entire 
 Point, which will furnish you with an accurate map of the whole of the 
 neighboring lands, and at a glance enable you to see the extent and loca- 
 tion of the State's property. 
 
 To make a perfect abstract of title to the Point in question would in- 
 volve a great amount of labor and expense. It would be necessary to 
 search the records of the County of Marin and the Courts, through a 
 most perplexing litigation which has involved the Buckelew Eancho 
 since the earliest time ; and if the object should be a purchase of any 
 ,part of the property, I am convinced that the attainment of a quiet titles 
 would be impossible. 
 
 Again, I have seen no disposition on the part of any of the claimants 
 to these lands to treat for their sale to the State, except upon most un- 
 conscionable terms. For one hundred and three acres, Mr. George A. 
 Worn as'ks, for a litigated and unsettled title, the sum of fifty thousand 
 dollars, ($50,000,) which is at least fifty times more than it is worth. 
 
 Mr. John Simms, who has obtained from Governor Downey the patent 
 of forty acres of land made by the State upon the line of the beach, 
 actually redeemed by the labor of the State, in use by it as a brick-yard 
 for years, and once by the State purchased from John Center, has brought 
 ejectment for the same, and is now, I believe, willing to compromise his 
 claim for the sum of forty thousand dollars ($40,000.) 
 
 This suit is now pending. Another has been brought by Mr. Worn 
 against the officers of the State, to enjoin them and their Agents from 
 digging clay on his lands. Worn derives title from one Eoos, now 
 
deceased ; Eoos from Buckelew. One Wright is, I believe, contending 
 for the whole property as against the estate of Eoos, or the trust of 
 "Worn. Mrs. Buckelew, the widow and Administratrix of Benjamin B- 
 Buckelew, claims title to a part of the beach and water property on the 
 Point, and homestead in island upon which the wharf is built. 
 
 If it is deemed necessary for the State to acquire title to the lands in 
 the vicinity of the Prison, I would suggest for their consideration the 
 Act of April fifteenth, eighteen hundred and fifty-nine, entitled an Act 
 to provide for condemning and purchasing certain lands adjoining the 
 State Prison grounds, at SanQuentin, for State Prison purposes. 
 
 It may not be improper for me to suggest to the Legislature the im- 
 portance of acquiring the lands in the vicinity of the Prison. The em- 
 barrassments of not owning enough land in the neighborhood of the 
 State Prison to furnish its convicts with clay for brick making — the 
 fact of the guard houses, gardens, commissary stores, and wells, stand- 
 ing on the property of others, is not only a source of present embarrass- 
 ment in the conduct and management of State Prison atfairs, but I see 
 in the future a coming swarm of claims for compensation, damages, etc., 
 growing out of these complications. 
 
 Independent of a claim of say ninety thousand dollars, ($90,000,) for 
 one hundred and forty-three acres of land, made by Simms and Worn, 
 Mrs. Buckelew is now preferring her claim against the State for eight 
 thousand one hundred dollars ($8,100) for clay already used by the State 
 during the lifetime of her husband. 
 
 What may be the pretensions of other parties, or the claim of those 
 having improvements on the Point in vicinage of the Prison, I cannot 
 undertake to say. 
 
 In my opinion, the condemnation of the necessary lands under the 
 Act referred to is a speedy and cheap solution of the whole difficulty. 
 
 I am suddenly compelled to visit the county seat of Marin County to 
 endeavor to procure the modification or dissolution of an injunction 
 against the Governor, State Prison Directors, and their Agents, from 
 trespassing on the lands of George A. Worn — an injun6tion cutting off 
 the use of the only fresh water within three miles of the Prison. This 
 is my apology for a very hasty report touching State Prison matters. 
 
 I have the honor to be, 
 
 Tery respectfully, 
 
 FEANK M. PIXLET, 
 
 Attorney-General. 
 
ABSTRACT OF TITLE 
 
 TO THE 
 
 STATE PRISON GROUNDS 
 
 AT 
 
 i'oijN't 8^]sr •qu]E]sj"ti:n'. 
 
ABSTRACT OF TITLE, ETC. 
 
 LETTEE FROM THE RECOEDEE OF MAEIN COU]S'TT 
 
 Office, Marin Co 
 March 16th, 1863, 
 
 Eecorder's Office, Marin County, ) 
 
 Hon. F. M. Plxley : 
 
 Sir : — You will please find inclosed abstracts of title of the State Prison 
 lands, also of the Tide Land adjoining the same, claimed by Mr. Simms. 
 I thought it best to send copies in full of the two original deeds from 
 Buckelew, as they are referred to in all subsequent conveyances touching 
 that property. As to an abstract of the other lands on Point San Quentin, 
 and adjacent to the Prison lands, the same must necessarily involve the 
 whole title from Cooper down to the pi-esent day, as none of these lands 
 have ever been sold from the main body of the rancho, and of course have 
 been affected \>j all conveyances, incumbrances, etc., upon the same. 
 You must, of your own knowledge, and from an acquaintance with Mr. 
 ■ Buckelew, (in his lifetime,) be able to form some idea of the extent of 
 an abstract of this rancho. It would require a great deal of labor, and 
 at the least would be worth from one hundred and seventy-five to two 
 hundred dollars. For these reasons I concluded it would be best not 
 to commence the abstract until I heard from you again. I have also 
 furnished Captain Easkoot, our County Surveyor, with a copy of the 
 deed from Center to the State, and charged the same in the bill herewith 
 inclosed, at his request. The amount of bill, forty dollars, you will please 
 remit per express, and oblige 
 
 Per S. B. Harris. 
 
 Yours truly, 
 
 D. T. TAYLOE. 
 
 ABSTRACT OF TITLE TO STATE PEISOK LANDS. 
 
 Whereas, by an Act entitled an Act to provide for the erection of a 
 State Prison, passed at the last session of the Legislature of the State 
 of California, in the year of Our Lord one thousand eight hundred and 
 fifty-two, section first of said Act constitutes the State Prison Inspec- 
 
8 
 
 tors and the Superintendent of Public Buildings as a Board of Commis- 
 sioners to select and purchase twenty acres of land on which to erect 
 a State Prison, as provided for in said Act; and whereas, James S. Gra- 
 ham, Commissioner of Public Buildings, George McDougal, Horace W. 
 Carpentier, and James Miller, State Prison Inspectors, as such Board 
 of Commissioners on the part of the State of California aforesaid, 
 agreeably to the Act above referred to, did purchase of Benjamin E. 
 Buckelew, of the County of Marin, in the State of California, twenty 
 (20) acres of land lying in said County of Marin, on which to have 
 erected said State Prison and apjjurtenances : 
 
 Now, know all men by these presents, that I, Benjamin R. Buckelew, 
 of the Couuty of Marin, and State of California, for and in consideration 
 of the sum often thousand dollars, ($10,000,) tome in hand paid by John 
 Bigler, in his capacity as Governor of the State of California, the receipt 
 whereof I do hereby acknowledge, and for the further consideration that 
 the said State Prison shall be erected oh the piece or parcel of land herein 
 conveyed, do hereby grant, bargain, and sell, convey, and confirm unto 
 the said John Bigler, in his capacity of Governor of the State of Califor- 
 nia, and his successors in office as such Governor, and for the use of said 
 State of California, and for the erection on said parcel of land hereby bar- 
 gained and sold, of a State Prison, as aforesaid, to the use and behoof of 
 the State forever: All that certain tract or parcel of land lying in the 
 County of Marin, in the State of California, known and designated on the 
 map or plan of said parcel of land hereunto annexed, which plan is made 
 a part of this conveyance, and marked in red ink thus (A). The twenty 
 (20) acres of land hereby conveyed is bounded and described as follows, 
 to-wit : Commencing at a point about four hundred (400) feet eastwai-d 
 from and parallel to a due north and south line run from the southermost 
 point of the point of land called. San Quentin. and marked (S); north, 
 thii'teen hundred (1,300) feet from said southermost point of land at high 
 water mark, at the point of intersection of a line run at right angles to 
 the first line; due east, eight hundred (800) feet or more from ordinary 
 high water mark on the west side of said point of land, distant thirteen 
 hundred (1,300) feet north frOm the first mentioned southermost point; 
 thence, due south, in a straight line, to high •water mark; and commenc- 
 ing again at said point of intersection of the east and noi-th lines, and 
 running due west in a straight line eight hundred (800) feet to a point 
 at or near ordinary high water mark; thence, due south, in a straight 
 line, to high water mark.; the south boundary of said tract of land to run 
 in a straight line due east and west, and sufficiently far south from the 
 north boundary line to embrace within all said boundary lines twenty 
 (20) acres of land above ordinary high water mark ; the two first men- 
 tioned lines are to be subject to the correction of any error in the lines 
 of the streets of the survey of the City of Marin, a plan of which is here- 
 unto annexed, and marked in red ink thus, (B) ; which lines are bounded 
 by a street fifty (50) feet wide on the north, and a street one hundred 
 (100) feet w^ide on the east, the said streets having been already sur- 
 veyed, and are believed to be correct according to the plan of said City 
 of Marin and the Prison grounds adjoining, hereunto annexed. To have 
 and to hold the aforedescribed and granted premises to the said John 
 Bigler, in his capacity as Governor, as aforesaid, and to his successors in 
 office as such Governor of said State of California, to the sole use of the 
 State for prison purposes and buildings, as hereinbefore provided for ; 
 and I, the aforesaid Benjamin E. Buckelew, do hereby, for myself and my 
 
heirs, Executors, and Administrators, covenant with the said John Bigler, 
 in his capacity as Governor, as aforesaid, and his successors in office as 
 Governor of said State of California, for the use of the State, as aforesaid, 
 that I am lawfully seized in foe simple of the aforementioned and granted 
 premises, that they are free of all encumbrances, and that I have good 
 right to sell and convey the same to the said John Bigler, as Governor, 
 and for the use of the State, and that I and my heirs. Executors, and 
 Administrators will warrant and forever defend the said premises to the 
 said John Bigler, as Governor, and to his successors in office, as such Gov- 
 ernor, for the use of the State, as aforesaid, forever, against the lawful 
 claims and' demands of all persons whatsoever; and the aforesaid Benja- 
 min E. Buckelew herein and hereby further covenants and agrees with 
 the aforesaid John Bigler, Governor of the State of California, that the 
 two blocks of land (exclusive of the stree'ts, which streets are forever to 
 remain open) lying longitudinally in front of the eastern line of the afore- 
 mentioned State Prison ground, are herein dedicated and appropriated 
 by the said B. R. Buckelew as Public Parks, to remain as such forever, 
 and to be improved and embellished by the State of California, and to be 
 under the direction and control of the said State forever; or provided the 
 State shall refuse to improve, embellish, direct, and control sai'd grounds 
 as Public Parks, then said control shall be and the same is hereby vested 
 in the future corporate authorities of the aforementioned City of Marin ; 
 said blocks of land are each four hundred feet long, north and south, 
 and three hundred feet wide, east and west; the southern block is at 
 present nearly all covered with water, and the southeast corner of the 
 northern block is also covered with water; and the said B. E. Buckelew 
 does herein further covenant and agree with the said John Bigler, 
 Governor, etc., that the wharf which he intends building in front of the 
 said City of Marin, and to connect the same with the ship channel to a 
 depth of water not less than sixteen feet of water, at the lowest stage 
 of the tide, shall be used by the said State of California for all purposes 
 connected with the aforesaid Prison grounds free of charge to the State 
 for such use forever ; and the said B. E. Buckelew does hereby further 
 covenant and agi-ee with the aforesaid John Bigler, Governor, etc., that 
 the said wharf shall be completed ready for use on or before the first day 
 of January, A. D. eighteen hundred and fifty-three; and the said B. E. 
 Buckelew does herein and hereby grant to the said party of the second 
 part the right of way between the said wharf and Prison ground, the 
 same to conform to the survey of the streets and be in said streets when 
 the blocks are built upon and fenced in as may be necessary. 
 
 In witness whereof, I have hereunto set my hand and seal, in the City 
 of San Francisco, in the State of California, this ninth day of July, A. I), 
 one thousand eight hundred and«fifty-two. 
 
 B. E. BUCKELEW, [seal.] 
 Executed in presence of ) 
 C. Garvey. I 
 
 State of California, ) ^^ 
 
 County 6f San Francisco, J 
 
 On this ninth (9th) day, of July, A. D. one thousand eight huiadred and 
 fifty-two, (1852,) personally appeared before me, (in said county,) a No- 
 tary Public in and jfor said county, Benjamin E. Buckelew, known to me 
 
10 
 
 to be the person described in and who executed the foregoing instrument 
 of writing as a party thereto, who acknowledged to rae tbait he executed 
 the same freely and voluntarily, and for the uses and purposes therein 
 mentioned. 
 
 In witness whereof I have hereunto set my hand and 
 official seal the day and year aforementioned. 
 
 SEAL. 
 
 C. GAEVBT, 
 
 Notary Public. 
 
 Note. — There is no date of r.eeord to this deed. 
 
 EECOEDEE. 
 
 This indenture, made and concluded the tenth day of July, in the year 
 one thousand eight hundred and fifty-two, between Benjamin E. Bucke- 
 lew, of the County of Marin, in the State of California, party of the first 
 part, and James M. Estell, Eobert Allen, Fernando "Vassault, Andrew 
 Garr, and Joseph Daniels, all residents of the aforesaid State of Cali- 
 for, parties of the second part, witnesseth : That for and in part con- 
 sideration of the sum of five dollars, to me in hand paid by the aforesaid 
 parties of the second part, the receipt of which is hereby acknowledged, 
 and for the remaining further consideration of the undermentioned terms 
 and conditions, to be fulfilled by the aforesaid parties of the second part, 
 their heirs, and assigns, the said party of the first part hath granted, bar- 
 gained, sold, transferred, and conveyed, and by these presents do hereby 
 grant, bargain, sell, transfer, and convey, unto the aforesaid parties of 
 the second part, and to their heirs, and assigns, forever, all that certain 
 tract or parcel of land, lying in the County of Marin, in the aforesaid State 
 of California, the same being a part of the rancho granted to John B. E. 
 Cooper by Governor Alvarado, in the year eighteen hundred and forty, 
 and by the said Cooper sold and conveyed to the aforesaid party of the 
 first part in the month of October, A. D. eighteen hundred and fifty, the 
 same having been recorded in the County Eeeorder's office, in the County 
 of Marin, in the aforesaid State, situated on a part of the land known as 
 " Punta de San Quentin," and the same is bounded and described as fol- 
 lows, (reference being had to the, map hereunto annexed, and which 
 forms a part of this conveyance :) Commencing at or near the south end 
 of the west line of the land recently s(fld by the aforesaid party of the 
 first part to the State of California for the erection of a State Prison ; 
 thence north on said line eight hundred and fifty (850) feet to the north 
 west corner of said Prison ground ; thence east on the north line of said 
 Prison ground four hundred (400) feet ; thence north four hundred and 
 fifty (450) feet; thence west three hundred (300) feet; thence south four 
 hundred and fifty (450) feet ; thence west four hundred (400) feet; thence 
 south seventy-five (75) feet, more or less, to the water's edge, with the 
 relinquishment of all the rights and privileges of the said B. E. Buckelew 
 to improve, fill up, and occupy all the flat or shoal covered with water at 
 high tide within the boundaries of a line drawn due south from the south 
 end of the last mentioned line an additional twelve hundred and twenty- 
 
11 
 
 ■five (1,225) feel, more or less, making the length of both lines connected, 
 in all thirteen hundred (1,300) feet; and thence by a line at right angles, 
 to the last line drawn due east seven hundred (700) feet, to a junction 
 with the west line of the aforesaid Prison grounds at the point of begin- 
 ning, with the reservation and exception of all the streets which run, or 
 may hereafter run, through the above granted and described premises, 
 in strict conformity with the plan of the streets of the Uity of Marin. 
 A copy of a part of the map of said place, as drawn in connection with 
 the plan of the within granted land, hereunto annexed as aforesaid. 
 Said streets are reserved for the purpose of being conveyed as public 
 avenues to the future corporate authorities of the aforesaid Oity of 
 Marin ; provided, that until the aforesaid conveyance shall be made by 
 the said party of the first part, or in default of his making said convey- 
 ance, by his decease, the aforesaid streets, excepting the one farthest 
 north within the aforesaid boundary lines of the within conveyed and 
 described premises shall be and continue to the use, benefit, and control 
 of the said parties of the second part until the aforementioned future 
 corporate authorities shall demand the same to be thrown open by reason 
 of the necessities of the case requiring such action; and after one year's 
 notice to the parties of the second part, or to any one of them, shall 
 have been given in writing by the direction of said future corporate 
 authorities, the abovementioncd street, lying farthest to the north as 
 aforesaid, is to be and continue open and unobstructed from the present 
 time forever. It is hereby expressly provided that by the said party of 
 the first part making this conveyance, he does not in the least abridge 
 bis rights and privileges to make any alteration or improvements outside 
 the above described boundary lines of the premises herein convej-ed, 
 either on the land or in the waters; but it is also provided that in case 
 such alterations or improvements would damage or obstruct the above 
 granted premises, unless the free use of such improvements were allowed 
 the said parties of the second part, then the said parties of the second 
 part shall have in that case the free use of any and all such improve- 
 ments as may be made by the said party of the first part, such use to be 
 to the extent that no obstruction or hindrance will then exist to the 
 damage of the said parties of the second part ; and it is also expressly 
 provided that the said parties of the second part, their heirs and as- 
 signs, shall not make any alterations, obstructions, or improvements 
 outside the boundary lines of the within granted and described premises, 
 either on the land or in the flat or shoal covered with the waters of the 
 baj'', without the written consent of the said party of the first part ; and 
 it is further provided that the said parties of the second part shall con- 
 tinue the manufacturing of bricks (provided the clay for that purpose 
 shall not have been sooner exhausted} for the term of nine years from the 
 present date ; and it is also provided that all buildings, except stables, 
 sheds, and shanties, and other temporary and inferior constructions, shall 
 hereafter be erected to conform to the survey of the streets within the 
 aforesaid boundary lines of the premises herein conveyed as aforesaid. 
 To have and to hold the above bounded and described premises unto the 
 aforesaid parties of the second part, their heirs, and assigns, forever, in 
 the proportion to each as follows, viz : The one undivided half of the 
 within conveyed land, and rights and privileges, to the aforesaid James 
 M. Estell, and the remaining undivided half to the aforesaid Eobert Allen, 
 Ferdinand Vassault, Andrew Garr, and Joseph Daniels, jointly to each 
 of said parties, their heirs, and assigns, in their proper proportion of 
 
12 
 
 interest, to their sole use, benefit, and behoof forever. And I, the afore- 
 said Benjamin E. Buckelew, do hereby, for myself and my heirs, Execil- 
 tors, and Administrators, covenant with the aforesaid parties of the 
 second part, that I am lawfully seized in fee simple of the above granted 
 premises, that they are free of all incumbrances, and that I have good 
 right to sell and convey the same to the said parties of the second part ; 
 and that I and my heirs, Bxectors, and Administrators, will warrant and 
 forever defend the said premises against the lawful claims and demands 
 of all persons whatsoever. In witness whereof, I hereunto set my hand 
 and seal, in the City of San Francisco, the tenth day of July, in the year, 
 one thousand eight hundred and fifty-two. 
 
 B. E. BUCKELEW [seal.] 
 
 In presence of ] 
 
 James Pratt, i 
 
 State op Oai/Ifornia, 
 
 County of San Francisco. 
 
 i ss. 
 
 On this fourteenth day of July, eighteen hundred and fifty-two, per- 
 sonally appeared before me, a Notary Public in and for said county, Ben- 
 jamin R. Buckelew, known to me to be the person described in and who 
 executed the foregoing instrument, and who acknowledged to me that 
 he executed the same freely and voluntarily, for the uses and purposes 
 therein mentioned. 
 
 , . JAMBS PEATT, 
 
 Notary Public. 
 
 SEAL. 
 
 (deed.) 
 
 J. M. Estell, Eobert Allen, Ferdinand Vassault, Andrew Garr, and 
 Joseph Daniels, to The San Francisco Manufacturing Company. 
 
 Dated September twenty-second, eighteen hundred and fifty-two. 
 
 Consideration, ten dollars. 
 
 Conveys the same premises that were conveyed to the said parties of 
 the first part by Benjamin E. Buckelew, by deed, dated the tenth day of 
 July, eighteen hundred and fifty-two. 
 
 Recorded September twenty-eighth, eighteen hundred and fifty-two, 
 in Liber "A" of Deeds, pages 2-15-6-7, Marin County Eecords. 
 
 (deed.) 
 
 James W. Estell, President of the San Francisco Manufacturing Com- 
 pany, to Archibald Woods. 
 
 Dated June thirtieth, eighteen hundred and fifty-four. 
 Consideration, thirty thousand one hundred and fifty dollars. 
 Conveys the same premises as conveyed to said Manufacturing Com- 
 
13 
 
 pany by J. M. Estell et als., by. deed, dated September twenty-eighth, 
 eighteen hundred and fifty-two. 
 \Eecorded July fourteenth, eighteen hundred and fifty-four, in Liber 
 "X" of Deeds, pages 453, etc., Marin County Eecoi-ds. 
 
 (deed.) 
 
 Archibald Woods, to John Bigler, Governor of California, and his suc- 
 cessors in office, etc. 
 
 Dated July third, eighteen hundred and fifty-five. 
 
 Consideration, forty thousand dollars. 
 
 Conveys the same premises as conveyed to said party of the first part 
 by J. M. Estell, President of the San Francisco Manufacturing Company, 
 by deed, dated June thirtieth, eighteen hundred and fifty-four. 
 
 Recorded July tenth, eighteen hundred and fifty-five, at' five o'clock, 
 p. M., in Liber " B" of Deeds, pages 148-149, Marin County Eecords. 
 
 (deed.) 
 
 John Centre, to The State of California. 
 
 Dated June third, eighteen hundred and sixty-one. 
 
 Consideration, twelve thousand dollars. 
 
 Conveys " all the following described tract and parcel of land, situate 
 lying and being in the County of Marin, and State of California, viz : 
 Being the same heretofore occupied by the San Francisco Manufacturing 
 Company as a steam brick factory, said land being adjoining the State 
 Prison of this State, and being part of the land known as Punta de San 
 Quentin, bounded as follows." (Here follows same description as in 
 deed from Buckelew to J. M. Estell et als.) 
 
 Eecorded August twenty-second, eighteen hundred and sixty-one, at 
 four o'clock, p. M., in Liber " C" of Deeds, pages 403-404, Marin County 
 Eecords. 
 
 State of California, ) 
 
 3- J 
 
 County of San Francisco. 
 
 In the District Court of the Fourth Judicial District. 
 
 Samuel W. Haight and Theodore A. 
 Wakeman, Plaintiifs, 
 
 ve. 
 
 Archibald Woods, Defendant. 
 
 Writ of Attachment, dated May eleventh, eighteen hundred and fifty- - 
 five. 
 
 Amount sued for, ten thousand dollars. 
 Directed to the Sheriff of Marin County. 
 
 ^Sheriff's Return:') 
 "In pursuance of the above Writ of Attachment, I have this day at- 
 
14 
 
 tached the followiDg property, to wit: (after specifying personal prop- 
 erty) together with all the right, title, and interest of Archibald Woods 
 in and to the land adjoining the Prison ground, containing sixteen acres 
 or thereabouts. 
 
 " Dated at Marin City, May eleventh, eighteen hundred and fifty-five. 
 
 " D. CLINGAlSr, Sheriff." 
 
 FileJ this twelfth day of May, A. D. eighteen hundred and fifty-five. 
 
 DANIEL T. TATLOK, Eecorder. 
 
 State op California, ) 
 
 County of San Francisco. J 
 
 In the District Court of the Twelfth Judicial District. 
 
 C. K. Garrison, Plaintiff, 
 
 vs. 
 
 A. Woods, Defendant. 
 
 Writ of Attachment, dated May tenth, eighteen hundred and fifty-five. 
 Amount sued for, four thousand two hundred and ten dollars. 
 Directed to the Sheriff of Marin County. 
 
 (^Sheriff's Return:) 
 
 " In pursuance of the above attachment, I hereby certify that I have 
 this day attached the following property, to wit: "All the land adjoin- 
 ing the Prison grounds owned by as above. 
 
 " Dated at Marin City, May fifteenth, eighteen hundred and fifty-five. 
 
 "D. CLINGAJSr, Sheriff." 
 
 Jailed May fifteenth, eighteen hundred and fifty-five. 
 
 DANIEL T. TAYLOE. Clerk. 
 
 District Court, Twelfth Judicial District, } 
 
 State of California, County of San Francisco. ) 
 
 Thomas Young, 
 
 San Francisco Manufacturing Com- 
 pany. 
 
 Transcript of Judgment. 
 
 Judgment rendered December eighth, eighteen hundred and fifty-four, 
 for five thousand eight hundred and seventeen dollars and sixty-nine 
 
15 
 
 cents, and costs six hundred and . thirty-three dollars and eighty-four 
 cents. 
 
 Attested February twenty-fourth A. D. eighteen hundred and fifty- 
 five. 
 
 Received for record February twenty-second, eighteen hundred and 
 fifty-five, at ten o'clock, A. m., and recorded in Liber "A" of Transcript 
 of Judgments, page 14. 
 
 JOS. S. POIJSTDEXTEE, Eecorder. 
 
 D. T. Taylor, Deputy. 
 
 l^I'oTE. — This judgment was assigned by said Young to John Center, as 
 will appear from a deed from said Center to the State of California, hereto 
 attached; there is no assignment or record in this office. 
 
 EECOEDBR. 
 
 Marin County, ss. 
 
 I hereby certify the foregoing to be a true, full, and correct abstract 
 of the title (of the two parcels of land conveyed by B. E. Buckelew to 
 the State of California, and to J. M. Bstell et als.) from the date of said 
 first conveyance to the present time, as appears from the records of my 
 oflEice. 
 
 In witness whereof I have hereunto set my hand and 
 official seal, this sixteenth day of March, A. D. eighteen 
 SEAL. !- hundred and sixty -three. 
 
 DANIEL T. TAYLOR, Eecorder. 
 By S. B. Harris, Deputy. 
 
 •ABSTEACT OF TITLE 
 
 of forty and thirty-five one hundredths acres op tide land, and 
 adjoining the state prison grounds, in marin county. 
 
 State op California, \ 
 
 County of Marin, j 
 
 Office op the County Treasurer, ) 
 April 7th, 1860. f 
 
 Received, this day, from J. F. McCauley, forty dollars and thirty-five 
 cents in cash, being payment in full for forty and thirty-five one hundredths 
 acres of land described in the field notes of A. D. Easkoot, County Sur- 
 veyor of Marin County, as follows : Survey Number One, Tide Land, 
 Marin County, Township Number One North, Range Number Six West, 
 Sections Eleven and Fourteen, portion of meridian, being the base and 
 meridian of Mount Diablo, containing forty and thirty-five one hundredths 
 acres, surveyed for J. F. McCauley, twenty-fifth day of January, eighteen 
 hundred and sixty. 
 
 T. H. HANSON, 
 
 County Treasurer. 
 
16 
 
 Endorsed—'' Eeceived at the request of J. F. MeCauley, April seventh, 
 eighteen hundred and sixty, at eleven o'clock, a. m., in Liber "A" of 
 Swamp Lands, Marin County Eeeords, page 24. 
 
 " D. T. TAYLOR, Auditor." 
 
 (patent.) 
 
 John G. Downey, Governor, etc., to John F. MeCauley. 
 
 Dated May twenty-ninth, eighteen hundred and sixty. 
 
 Consideration, forty dollars and thirty-five cents. 
 
 Conveys forty and thirty-five one hundredths acres of Tide Land, and 
 being the same as described in foregoing Treasurer's receipt. 
 
 Recorded June second, eighteen hundred and sixty, at five o'clock, p. m., 
 in Liber " D" of Deeds, pages 206-207, Marin County Records. 
 
 (deed.) 
 
 John F. MeCauley, to John Simms. • 
 
 Dated February eighteenth, eighteen hundred and sixty-two. 
 
 Consideration, five thousand dollars. 
 
 Convoys all his right, title, and interest in the fortj"- and thii^y-five 
 one hundredths acres of Tide Lands above described. 
 
 Recorded October twenty-fifth, eighteen hundred and sixty-two, at 
 three o'clock, p. M., in Liber '■ D " of Deeds, pages 438-439, Marin County 
 Records. 
 
 There is now pending in the District Court, Seventh -Judicial District, 
 County of Marin, an ejectment suit brought by John Simma vs. J. F. 
 Chellis et als. 
 
 State of California, ) 
 
 County of Marin, j 
 
 I hereby certify the foregoing to be a true, full, and correct abstract 
 of title of forty and thirty .five one hundreths acres of Tide Lands, situated 
 in Marin County, California, and adjoining the State Prison grounds, as 
 far as the records of my office show. 
 
 ,— ^-N Witness my hand and official seal, this sixteenth day of 
 ) March, A. D. eighteen hundred and sixty-three. 
 
 SEAL. - 
 
 \ DAIS^EL T. TAYLOR, 
 
 ^-— r~-^ County Recorder. 
 
 By S. B. Harris, Deputy. 
 
17 
 
 LETTER PEOM THE SUEVEYOE-GENERAL 
 
 State or California, Office of Surveyor-General, 1 
 Sacramento, March Slst, 1863. j 
 
 To the Honorable the Legislature of the State of California : 
 
 Gentlemen: — In accordance with instructions contained in a concur- 
 rent resolution, passed the two branches of the Legislature on the second 
 and fourth instants, I have the honor to submit herewith the plat of the 
 State Prison grounds at Point San Quentin, together with the adjacent 
 country ; also the report of the person deputized to make the survey. 
 
 A complete map upon a large scale is being made for preservation in 
 the archives of the Stand Land Office. 
 
 An appropriation of one hundred and fifty dollars is recommended, to 
 pay the cost of survey and maps. 
 
 All of which is respectfully submitted for your consideration. 
 
 J. P. HOUGHTON, 
 
 Surveyor-General. 
 
 LETTER PROM B. TWITCHELL TO SURVEYOR-GENERAL. 
 
 3.} 
 
 Sacramento, 
 
 March 23d, 1863 
 Han. J. F. Houghton, Surveyor- General : 
 
 Sir : — In pursuance of instructions received from you, T have the 
 honor to report that on the seventeenth instant I proceeded to San 
 Quentin to make a survey of the lands purchased by the State upon 
 which the State Prison^is situated. 
 
 In making the survey of the boundaries of the two tracts purchased, 
 I have been governed entirely by the descriptions contained in the deeds 
 for the same, certified copies of which I had obtained. 
 
 The description of the starting point in the boundary of the original pur- 
 chase of twenty acres is very badly expressed, and in an awkward man- 
 ner ; however, from a rough plat which accompanies the deed there can be 
 no doubt but what a point thirteen hundred feet north and four hundred 
 feet east of high water mark, at the extreme southern point of what is 
 known as Point San Quentin, was intended to be the beginning point of 
 the survey, and the north east corner of the tract. This corner is de- 
 scribed as being eight hundred feet, or about that distance, from high water 
 mark on the west shore of the Point. The land in that vicinity has been 
 occupied for many years as a brick yard, and the shallow water has been 
 filled in for a distance of six hundred or eight hundred feet, out from the 
 original shore line, and it is now impossible to tell where the true high 
 water line was at the time of making the deed. 
 
 As the extreme southern point referred to above is rocky and tolera- 
 bly well defined, I determined my starting point by measuring north 
 and east from the same. 
 
 The description. of the second purchase, made of John Center, is very 
 
18 
 
 clear. Yet I am of the opinion that a considerable portion of the same 
 ■was |,he property of the State by virtue of her sovereignty, as Tide 
 Land's. Captain Van Eeynegam, who assisted the County Surveyor in 
 making a survey of these lands purchased by the State some years ago, 
 pointed out to me the corners then established. I have found it neces- 
 sary to depart materially from the lines of said survey. 
 
 The lines established by myself embrace the Prison wall and the build- 
 ings attached thereto, also the guard house near the southwest corner of 
 the wall, but exclude the other four guard houses, the stone building con- 
 taining the oiHces of the Commissary and Clerk, also the Park and the 
 two Prison gardens, all of which is clearly shown by the accompanying 
 plat. 
 
 The Center purchase embraces twelve and twelve one hundredths 
 acres. 
 
 All of which is respectfully submitted. 
 
 E. TWITCHBLL. 
 
 LBTTEE FEOM HOGE & WILSON TO ATTOENEY-GBNEEAL. 
 
 Bon. F. M. Ptxley, Attorney- General ; 
 
 San Fkancisco, ) 
 
 March 16th, 1863. j 
 
 Dear Sir : — In reply to your letter of the eleventh instant, relating to 
 the title to lands adjacent to the State Prison, we can only say that our 
 knowledge is confined entirely to what is called the sixteen acre tract, 
 sold by John Center to the State. We inclose you the petition of Center, as 
 containing the general facts, together with the reports therein referred to. 
 Center conveyed to the State, under the Act of May sixteenth, eighteen 
 hundred and sixty-one, (Statutes of eighteen hundi-ed and sixty-one, page 
 five hundred and six,) and we at that time furnished the Attorney-Gen- 
 eral very full abstracts and copies, all of which, with Center's deed, must 
 be on file in the proper office. We have no doubt of the validity of the 
 title conveyed by Center to the State. Should you need any other ex- 
 planations we will cheerfully give them. 
 
 Yery truly, 
 
 HOGE & WILSON. 
 
 MEMOEIAL OP JOHN CENTEE, 
 
 RELATIVE TO CERTAIN REAL AND PERSONAL PROPERTY OWNED BY HIM, 
 AND SITUATED AT AND NEAR THE STATE PRISON. 
 
 To the Honorahle Senate and Assembly of the State of California : 
 Your petitioner, John Center, respectfully represents that he is and 
 
19 
 
 has for several years last past been the owner of a certain tract of lajid 
 in the County of Marin, containing about sixteen acres, upon a portion of 
 which the walls of the State Prison extend, and the whole of which la 
 used in connection with the Prison, together with the improvements and 
 fixtures, and also, large and valuable machinery. 
 
 Your petitioner and the State both claim title under the late San Fran- 
 cisco Manufacturing Company — the former, immediately, by virtue of an 
 attachment, due legal proceedings, judgment, and Sheriff's deed; the 
 latter, by conveyances from the San IVancisco Manufacturing Company 
 to Archibald Woods, and by the said Woods to the State. 
 
 The writ of attachment under which your petitioner claims the prop- 
 erty was levied on the twenty-third day of June, eighteen hundred and 
 fifty -four, whilst the title was still in the San Francisco Manufacturing 
 Company. The conveyance by that company to Mr. Woods was executed 
 on the sixth day of July, eighteen hundred and fifty-four, but not placed 
 on record until the fourteenth of July, eighteen hundred and fifty-four. 
 But not only did Mr. Wood, at the time of his purchase, have the con- 
 structive notice implied from the regularity of the legal proceedings, but 
 actual notice from the officer levying the attachment ; all of which your 
 petitioner is prepared to maintain and prove. Mr. Woods, with this no- 
 tice, took a mere quit claim deed of the property, subject to the lien of 
 this attachment. 
 
 Your petitioner farther represents, that before Governor Bigler and 
 the then State Prison Directors purchased the said property from Mr. 
 Woods, they were expressly notified by your petitioner's Agent of the 
 existence and validity of the attachment liens, and they took, on 
 behalf of the State, a mere quit claim of the property, leaving it 
 subject to lien of the attachment. But so convinced were Governor 
 Bigler and the State Prison Directors of the validity of the attachment, 
 that they directed the sum of eight thousand dollars to be retained in 
 the Controller's hands until this claim was satisfied or removed ; but in 
 some unknown way, the warrants were subsequently patiji to General 
 Estell or Mr, Woods, as your petitioner is informed and believes. Yery 
 shortly after the legal proceedings ripened into judgment, a sale was 
 had by the Sheriff of the property referred to, andi^your petitioner 
 became the purchaser, and, upon the expiration of the time for redemp- 
 tion, a Sheriff's deed was executed. In the meantime, the State officers 
 had removed large and valuable improvements off the land, and carried 
 large and valuable fixtures and machinery into other portions of the 
 Prison grounds, and torn up and manufactured into bricks the main por- 
 tion of the soil. Your petitioner further represents, that at the session of 
 the Legislature of the year eighteen hundred and fifty-six, he presented 
 his claim through the Honorable Joint Committee of the Senate and 
 Assembly on the State Prison, and that Honorable Committee, after a full 
 and careful examination of the subject, reported that the claim of your 
 petitioner was perfect, good, and valid, and his title, under the attach- 
 ment, prior to and better than the State's title under said Archibald 
 Wood* Their report is contained in the Appendix to the Senate Journal 
 for the seventh session, (eighteen hundred and fifty-six,) to which your 
 petitioner prays leave to refer for a clear statement of the facts and law 
 of the case. Your petitioner is the owner of the judgment under which 
 the land and personal property was sold, and has received no satisfaction 
 of the same, nor has it in any way been paid. Your petitioner seeks no 
 speculation by the sale of the premises to the State, but is desirous of a 
 
20 
 
 fair and amicable arrangement by ■which his rights may be protected, 
 and that he may have the possession of his property relinquished to 
 him, or his judgment and costs paid, or some other fair adjustment. 
 
 All of which is repectfully submitted. 
 
 JOHN CENTER. 
 
 January, A. D. 1860. 
 

 
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