Appeal from the superior court of East Florida. The appellants are the heirs of Daniel O'Hara, and they claim the land in controversy, in virtue of a alleged grant, dated the 5th of September 1803. The grant was adjudged in the court below, not valid.
The memorial for the grant; order of Governor White, to the commandant of engineers, to report upon it; the report of that officer; and the decree of the governor; are as follows:
His Excellency, the Governor: Don Daniel O'Hara, lately admitted an inhabitant of this province, under the protectin of his Catholic Majesty, with due respect, represents to your excellency, that intending to settle in this province, with a considerable property and his large family, after having ascertained that all, or the greatest number of all those who had petitioned for lands, have solicited to have them located in the southern district, in the vicinity of Musquito river, and after having consulted many neighbors in reference to vacant lands, as he has no wish to enter into disagreeable litigation with other petitioners, or to injury them in any way, he begs of your excellency, be pleased to grant him 15,000 acres of land out of those lands which are vacant between the rivers St. John and St. Marys, in the place called Nassau, and in case the said vacant lands do not comprehend the number of acres he solicits, he begs your excellency to have the goodness, when the survey will take place, to grant him the deficiency on the river St. Marys, and he obligates himself to take possession of the said lands, within the term of six months; which favor, he doubts not, he will receive from the noble munificence of your excellency.
DANIEL O'HARA.
St. Augustine of Florida, 3d of September 1803.
DECREE. St. Augustine, 3d September 1803. Let the commandant-engineer inform on the subject.
Having taken cognisance of the petition, and in obedience to the preceding decree, I represent to your excellency, that the culture of the lands solicited by the petitioner does not interfere with the defence of the province, therefore, as far as the department of fortifications is concerned, your excellency may grant to him the number of acres you see fit. This is all I have to represent to your excellency, who will determine according to your pleasure.
NICOLAS BARCELO.
St. Augustine of Florida, 5th September 1803.
DECREE. St. Augustine of Florida, 5th September, 1803. The lands solicited by the petitioner are hereby granted to him in the place indicated, without prejudice to a third party, and until the time when, in conformity to the number of workers whom he may have to cultivate them, the corresponding number of acres may be surveyed to him; it being well understood, that he shall not claim indemnity for damages or losses in the case; that under the apprehension of an invasion, or other motives relating to the royal service, he be ordered to retire in the interior of the province; and that he will take possession of the said land within the term of six months from this date.
