manating from the Mexican government since the revolution. A late
Mexican governor of California, on being required by a magistrate to
instruct him as to the manner in which he should administer the law
within his jurisdiction, replied, "_Administer it in accordance with
the principles of natural right and justice_," and this is the
foundation of Californian jurisprudence. The local _bandos_, or laws,
are enacted, adjudicated, and executed by the local magistrates, or
alcaldes. The alcalde has jurisdiction in all municipal matters, and in
cases for minor offences, and for debt in sums not over one hundred
dollars. In cases of heinous or capital offences, the alcalde has
simply an examining power, the testimony being taken down in writing,
and transmit-to the _juez de primera instancia_, or first judge of the
district, before whom the case is tried. Civil actions, for sums over
one hundred dollars, must also be tried before the _juez de primera
instancia_, and from him there is an appeal to the prefect, or the
governor of the province. The trial by _hombres buenos_, or good men,
is one of the established legal tribunals when either of the parties
demand it, and is similar to our trial by jury; the difference being in
the number, the _hombres buenos_ usually consisting of three or five,
as they may be ordered by the magistrate, or requested by the
litigants, and our jury of twelve. With honest and intelligent
magistrates, the system operates advantageously, as justice is speedy
and certain; but the reverse of this, with corrupt and ignorant
magistrates, too frequently in power, the consequences of the system
are as bad as can well be imagined.
The policy of the Mexican government has been to encourage in certain
localities the erection of pueblos, or towns, and for this purpose they
have made grants of land to the local authorities, or municipalities,
within certain defined limits, to be regranted upon application, in
lots of fifty or one hundred varass, as the case may be, to persons
declaring their intention to settle and to do business in the town. For
these grants to individuals a certain sum of money is paid, which goes
into the treasury of the municipality. The magistrates, however,
without special permission, have no power to grant lots of land within
a certain number of feet of or below high-water mark. The power is
reserved to be exercised by the governor of the province. It being
necessary for the convenient la
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