348
I'BDERAL REPORTER.
U. S. 412; Block v. Commissioners, 99 U. S. 686; Anthony v. Ja8per Co., 101 U. S. 693; Town of Cbloma v. Eaves, 92 U. S. 4M; Douglas Co. v. Bolles, 94 U. S. 104; County of Warren v. Marcy, 97 U. S. 96. The defendant makes several objections to the court-house bonds. These bonds recite both the acts of Ib68 and 1872. There is some authority for holding that county buiJdings are included in "works of internal improvement" under the latter act. Township of Burlington v. Beasley, 94 U. S. 310. This question was rather incidentally referred to in said case, and also in the case of Learenworth Co.v. Miller, 7 Kan. 479, but the question was not really before the court in either case, and the latter case was decided before the act of 1872 was passed. On a careful reading of the acts of 1872 and 1868, I am impressed with the beliefthat it was not the intent of the legislature to include county buildings under the head of"internal improvements," in the act of 1872; and in the case of Osborne v. County of Adams, 106 U. S. 181,1 Sup. Ct. Rep. 168, Mr. Justice HARLAN. speaking for the court, refers to this question as still in doubt. But whatever view may be taken of this question, the recitals on these bonds are sufficient to bring them under the provisions of the act of 1868, which did authorize the issuing of bonds for county buildings, and therefore it answers no purpose to further discuss this pobt. It results from the views above set forth, that the plaintiff is entitled to recover upon the coupons clipped from the court-house bonds ani bridge bonds, and is not entitled to recover on the coupons clipped from the general expense bonds. Judgment will be entered accordingly.
JoNES 11. MARTIN SAME
et al.
v.
MOLL
(O{qo/Juit OQurt, 8. D. Oalifornia. June 11,1888.) PIJ»L:<'
Where a patent confirming a Mextean grant describes the land as follows: "Beginning on the sea-shore at station number 18 of the Ballonarancho," the plat of the survey annexed to the patent reprosenting this common corner of the two ranchos as commencing on the sea-shore, it is to be construbd that the land is at that point bounded by the sea, i. e., ordinary hill'h-water mark. Under a description of a rancho in part as follows: "Thence south 41 ete grees and 15 minutes east. * * * at 40 chains and 89 links, Santa Monica bath-house on the left, " etc., the left being- within the rancho, a line cutting through the Santa Monica bath-hOuse, leaving more than 20 feet of it ·outside of the rancho, is not a true location of the boundary of the rancho.
GRA.NTS-PATENTB-Bou:mARy-ON SEA·SHORE.
2.
SAME-CA.LLS-LOCATION OF LINE.
At Law. Ejectment. Well8, Van Dyke &- Lee, for plaintiff. George W. KnfYi;, for defendants.
JONES tI. MARTIN.
349
Ross, J. TheSe actions involve·the same question and by agreement of counsel were tried and submitted together. The question is, what is the true location of the westerly boundary of the Rancho San Vicente y Santa Monica, which was a Mexican grant, confirmed and patented by the government of the United States. The rancho is described in the field-notes embodied in the patent as "beginning on the l'ea-shore at station numberS1 of the Ballona rancho, and running thence, according to the true meridian, the variation of the magnetic needle being from 14 degrees and 30 minutes east, to 14 degrees 35 minutes east, north 49 degrees, east along the line of the BaUona rancho; at 2 chains and 10 links east, bank of arroyo, bearing north and south; at 3 chains and 50 links, top of bank, bearing north and south; at 3 chains and 80 links, a fir post, 48 by 4 by 2 inches, marked'S. V. S. M. 1. W. C.,' from which the north-east corner of H. Hancock's house bears south 40 degrees and 30 minutes east, 204 links distant," and thence by various courses, distances and calls to the easterly boundary of the Rancho Boca de Santa Monica, along which the line, according to the field-notes, runs" south 23 degrees west; at 15 chains and 24 links, a road, course north-east; at 27 chains Imd30 links, a road, course north and south; at 53 chains and 40 links, a road, course north-east and south-west; at 54 chains and 35 links, a trail, course north-east and south-west; at 59 chains, sumac stake, marked 'B. S. M.;' at 89 chains and 80 links, Arroyo Santa Monica, 75 links wide, runs south-west; at 92 chains and 35 links, the brow of the Canada Santa 'Monica. bearing north 56 degrees east and south-west; at 96 chains leaves dense sage brush, bearing east and west; at 104 chain& enters grain field, bearing north-west and south-east; at 111 chains and 85 links leaves grain field, bearing north-west; at 120 chains, the brow of the canada, north 20 degrees west; at 123 chains and 85 links, Marquez' house,bears north 74 degrees west; at 129 chains a grain field on the left; at 139 chains a redwood post, 48 by 4 by 2 inches, 12 inches deep, marked' B. S. M.,' from which an old adobe house, built by Reyes, standing on the brow of the Canada Santa Monica, bears south 68 degrees and 30 minutes· west, 187 links distant, and Marquez' house bears north 17 degrees and 30 minutes west; at 139 chains and 35 links, a road, course east and west; at 140 chains and 80 links, a road, ·course north 20 degrees west, and south 20 degrees east; at 145 chains and 85 links enters grain field east and west; at 176 chains and 50 links, a sycamore post, 48x4x4 inches, marked' B. S. M. 11 W. C.,' set 12 inches deep in earth, and surrounded by a mound 24 inches high; on top of bluff, leaves grain field; at 188 chains, foot of bluff; 190 chains to Ii stone mound at the south-east corner of the Rancho Boca de Santa Monica station; thence along the coast of the Pacific ocean south 59 degrees and 30 minutes east, 3 chains and 30 links to station; thence south 48 degrees and 30 minutes east; at 33 chains a barranca in bluff to left the south-east.comer of the juridical possession of the Ranoho Boca de Santa Monica, 60 chains to station; thence south 41 degrees and 15 minutes east; at 16 chains and 25 links a stairway runs north-east up the bluff; at 18 chains and ·30 links a small bath-house on the left; at 20 chaiM
S50
FEDJllR:A:L REPORTER.
and 70 a small on the left;' at·40 chains and 89 links, Santa Monica bath-house on theleftjaf 42 chains and 47 links a walk runs north..;east up the bank. to the town of Santa Monica, about half a mile distant; at 48 chains and 50 links, the old wharf of the Los Angeles and Independence Railroad, bearing north-east and south-west; the town of Santa Monica is on the bluff"which is about 75£eet high; at 51 chains and 35 links, It road running north-east up the bluff to Santa Monica 77 chains, to the place of beginning." Annexed to the field notes embodied in the patent is a plat of the survey, which shows the Pacific ocean to be the westerly boundary of the Ranchos San Vicente y Santa Monica, Boca de Santa Moniea; and Ballona. Upon the trial of the case, one surveyor on the part of the plaintiff and two on the part of the defendants' testified that they recently ran the westerly line of the Rancho San Vicente y Santa Monica according to the field-notes of the official survey, which survey was made in the year 1881. The surveyor for the plaintiff took as his point of commencement the post upon the bluff on the line of the Rancho Boca de Santa Monica, and in running the meander line down the coast by the field-notes of the official survey it was found to leave a narrow strip of sand beach of rying width between the line and the water-mark at ordinary high tide until nearing the initial point of the rancho, which, according to the line as thus run, would be located 8 few feet below low tide. The line as thus run,.however, leaves to the left the barranca in the bluff, the two smaU bath.houses, the Santa Monica bath-house, and the other objects stated in the patent to be to the left of the line, and includes within the lines of the rancho the premises occupied by the defendants. The surveyors on the part of the defendants took as their point of commencement the initial point of the Rancho' San Vicente y Santa Monica, which they located, not on the sea-shore, but a short distance from it, and, reversing the courses and distances given in the patent, rau the line up the coast. The line thus run cut through the Santa Monica bath-house, leaving more than 20 feet of it to the seaward, and leaving the premises occupied by most of the defendants, which is a part of the sand beach, and most of the possessions of the other defendants, also a portion of the sand-beach, without the lines of the rancho. I consider it very clear that the line as located by the defendants'surveyors is not the true location of the westerly boundary of the ranchoFirat, because their starting point was not correct. The rancho in question is described in the field-notes of the patent as beginning on the sea-shore, at station No. 31 of the Ballona rancho, and the plat of the survey annexed to the patent, and forming part of it, represents this common corner of the two ranchos as commencing on the sea-shore. When it is declared that the point of commencement is a given point on the seatmmistakable meaning is that there is nothing between that shore, point and the shore of the sea. In other words, that the land described is'at that point bounded by the sea; that is to say, by ordinary highwater mark. Secondly. The line as located by the defendants'surveyors cuts through the Eanta Monica bath-house, leaving more than 20
KInD· t1. GRJjlENWICH
CO.
851
feet of it outside of the rancho, whereas it is distinctly declared in the field-notE's of the patent that that bath-house, as also two smaller ones to the north of it, all of which it was shown by the evidence were in existence when the official survey was made, were to the left of the line as run by the government surveyor, and consequently within the lines of the ranchoj and they are so represented on the plat. In view of these facts, it is unnecessary to consider the improbability of the government survey having been run through the Santa Monica bath-house, which, it is shown, was at the time of the official survey, and yet is, a large and prominent structure, conducted for bathing purposes, in front )fthe town of Santa Monica, which the patent declares and. shows to be located on the bluff, about half a mile distant. If it be conceded that the westerly boundary of the rancho does not extend to ordinary high-water mark, the evidence leaves no doubt in my .mind that the line run in accordance with the courses and distances given in the patent includes the premises occupied by the defendants; and therefore, in view of conceded facts in the case, the plaintiff is entitled to recover. But I am of the opinion that the true westerly boundary of the rancho is not the meander line of the surveyor, but the ,Pacific ocean, which means the line of ordinary high tide. As has been seen,the rancho begins on the sea-shore at the north-westerly corner of the Rancho Ballona j thence the line runs easterly, and by various.other courlles, until it strikes the coast again, and thence along the coast by various courses and distances to the place of beginning on the sel;t-shore. The meander line down the coast was necessary for the purposeQf ascertaining the quantity of land embraced within the survey. But that the ocean, and not the meander line, as actually run on the grounQ., .was intended to be the westerly boundary of the rancho is clearly shown by the fact that upon the official plat, made from the field-notes, and annexed to and forming part of them, the meander line is represented as the line of the ocean. See Railroad 00. v. &hu1"TMir, 7Wall. 278. There must be judgment for the plaintiff in each case, and it is so ordered.
KInD
INs. Co.
(Ofretnt Oourt, 8. D. New York. June 21, 1888.) mURANOB-CONDITI()NS oJ' POLICY.
A condition in an open policy of insurance on the excess of value above '20 per barrel of spirits to be forwarded by carrier, that the assured, upon payment of loss thereunder, should assign all his claim against the carrier, and that any act of the assured, waiving or tending to defeat or decrease any such claim before 01' after the insurance should avoid the policy is not broken by the shipment of 75 barrels of spirits covered by the policy, of the actual value of $7,808at a stipulated valuation with the carrier of $20 per barrel. as Ule condition provides only that an existing liability of the camer when perfected, shallJiot be waived or diminished by the assured, but not that he should jlerfect such liability.
