Previous Jurisdictions to land in Arizona

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(From 1846 to 1863 - New Mexico Territory land that would later become Arizona: revised wording and bullet)
(Locating Previous Jurisdictions and Record Repositories: revised and added wording)
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*In April 1860, a convention held in Tucson declared the southern portion of New Mexico Territory as a new Arizona Territory and set up a government. The county of Ewell was created where Tucson was located. Then in 1861, this territory declared itself a confederate territory and petitioned the Confederate States of America. But by 1862, the US Army had dismantled this territory before the US created its own Arizona Territory in 1863.
 
*In April 1860, a convention held in Tucson declared the southern portion of New Mexico Territory as a new Arizona Territory and set up a government. The county of Ewell was created where Tucson was located. Then in 1861, this territory declared itself a confederate territory and petitioned the Confederate States of America. But by 1862, the US Army had dismantled this territory before the US created its own Arizona Territory in 1863.
*Putting this altogether - your ancestor lived in Tucson, Ewell county, Arizona Territory, CSA. So look for records at the archives in Tucson. There also may be some Confederate records. But it is unknown where records are located for this confederate Arizona Territory or for Ewell county. More research needs to be done.
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*Putting this altogether - your ancestor lived in Tucson, Ewell county, Arizona Territory, CSA. So look for records at the archives in Tucson. There also may be some Confederate records. But it is unknown where records are located for this Confederate Arizona Territory or for Ewell county. More research needs to be done.
  
When looking for records, First learn the history of the area for the time period being researched. This will identify the jurisdictions and the repositories where the records are to be found.
+
When looking for records, First learn the history of the area for the time period being researched. This will identify the jurisdictions and therefore the repositories in the present day where the records are to be found.
  
 
Also remember, records were sometimes recorded in a county or jurisdiction next-door to where your ancestor lived. Maybe there was confusion as to where the borders lay. Or maybe it was a shorter distance to the neighboring county seat. There could be several good reasons. But treat this as the exception to the rule and check the most obvious place first.
 
Also remember, records were sometimes recorded in a county or jurisdiction next-door to where your ancestor lived. Maybe there was confusion as to where the borders lay. Or maybe it was a shorter distance to the neighboring county seat. There could be several good reasons. But treat this as the exception to the rule and check the most obvious place first.

Revision as of 18:39, 3 August 2014

United States go to Arizona go to Previous Jurisdictions to land in Arizona

Contents

Locating Previous Jurisdictions and Record Repositories

  • Find where your ancestor lived and when he lived there
  • Identify the jurisdiction covering the land when and where your ancestor lived
  • Determine the record repositories for that jurisdiction in the present day

For example, suppose you were told your ancestor lived in Tucson, Arizona Territory in 1861.

  • In the present day, Tucson is indeed located in Arizona. But the US didn't create Arizona Territory until 1863. Before that, the land officially belonged to New Mexico Territory, which was created in 1850. Therefore your ancestor lived in New Mexico Territory. This jurisdiction still exists today as the State of New Mexico.
  • In February 1860, New Mexico created Arizona county from the land in Dona Ana county. Arizona County existed totally within the present day State of Arizona and contained Tucson. Therefore your ancestor lived in Arizona County in New Mexico Territory. But Arizona county was discontinued in 1862. The records from this extinct county reverted to Dona Ana County, which still exists in the State of New Mexico.
  • Putting this altogether - your ancestor lived in Tucson, Arizona County, New Mexico Territory, USA in 1861. So look for records at the archives in Tucson, Dona Ana County, and the State of New Mexico. There may also be records held by the US.

But in Tucson in 1861, the picture was far from clear as to what jurisdiction your ancestor was a part.

  • In April 1860, a convention held in Tucson declared the southern portion of New Mexico Territory as a new Arizona Territory and set up a government. The county of Ewell was created where Tucson was located. Then in 1861, this territory declared itself a confederate territory and petitioned the Confederate States of America. But by 1862, the US Army had dismantled this territory before the US created its own Arizona Territory in 1863.
  • Putting this altogether - your ancestor lived in Tucson, Ewell county, Arizona Territory, CSA. So look for records at the archives in Tucson. There also may be some Confederate records. But it is unknown where records are located for this Confederate Arizona Territory or for Ewell county. More research needs to be done.

When looking for records, First learn the history of the area for the time period being researched. This will identify the jurisdictions and therefore the repositories in the present day where the records are to be found.

Also remember, records were sometimes recorded in a county or jurisdiction next-door to where your ancestor lived. Maybe there was confusion as to where the borders lay. Or maybe it was a shorter distance to the neighboring county seat. There could be several good reasons. But treat this as the exception to the rule and check the most obvious place first.

From the 1600s to 1846 - Spanish and Mexican land that would later become Arizona

From the 1600's, Spain laid claim to all of the land in present day Arizona. But because of the great distances and the hostilities of the Indian tribes, Spanish rule extended effectively only to the southern portion of this area, and sometimes not even that much. Tucson was the only permanent town established, because of the military garrison there.

Spain established the practice of giving land grants to encourage settlement on the fringes of their rule. Mexico continued this practice. There were no recognized Spanish land grants. And all Mexican land grants for present day Arizona were located in the Gadsden Purchase, south and east of Tucson.

Look for records in the following places

Arizona+Land+Grants.jpg

  • 1820 - San Bernardino land grant. Lieutenant Ignacio de Perez petitioned for a grant of 4 sitios of land. It was surveyed in 1821 and witnesses testified that Perez had enough livestock to start a ranch. An auction was held in Arispe, Mexico in May 1822. Perez held the wining bid of $90. A record of the grant was filed, but no title was issued. In 1900, the Court of Private Land Claims confirmed 2,3366.5 acres on the American side, the rest being in Mexico. After a survey, it was determined that this land grant was actually 2,383.86 acres.[1]
  • September 1820 - Ignacio de la Canoa land grant. Thomas and Ignacio Ortiz, residents of Tubac petitioned the intendent of Occidente for 4 sitios to raise cattle and horses. The land was surveyed by Elias Gonzalez, commander of the Tubac garrison. It was appraised at $120. At the auction held 13 - 15 December 1821, the two brothers held the wining bid of $250. No title was given at that time. In 1849 the brothers presented themselves at Ures, Sonora and were given a title for their own protection.
    Frederick Maish and Thomas Driscoll bought a controlling interest in the Canoa land grant from the Ortiz heirs. On 27 Nov 1899, the Court of Private Land Claims confirmed 17, 208.333 acres of the original grant.[2]
  • 1821 - San Jose de Sonoita land grant. Leon Herreras, rancher and resident of Tubac, petitioned for 2 sitios of land to pasture his heard of cattle. The survey was done by Ignacio Elias Gonzalez. Herreras bought the land at public auction for $105 plus fees. A title was issued in 1825 by the commissary-general of the new Mexican state of Occidente.
    In 1857, the Herreras heirs sold this land grant. After several tranfers, the grant was acquired by Matias Alsua. In 1892, the Court of Private Land Claims rejected his title to the land. But in 1898, the Supreme Court reversed the decision. Title was confirmed for 5,123.42 acres.[3]
  • 19 July 1821 - San Rafael de la Zanja land grant. Manuel Bustillo, a cattleman living in the presidio of Santa Cruz, petitioned for this land grant. It was surveyed by Captain Ignacio Elias Gonzalez and appraised for $210. At the auction held 8 Jan 1822, Don Ramond Romero held the wining bid of $1200 plus $97 in fees connected with the sale. Title was issued on 15 May 1825 at Arispe, Mexico by the Commissary General.
    Romero lived until 1873. But after his death, title to this land grant was in doubt, until Dr. Alfred A. Green obtain controlling interest. On 20 June 1880, Green sold the San Rafael land to Rollin Rice Richardson, an oil man from Pennsylvania. Then in 1883, Richardson sold this grant to Colin Cameron. Dr Green then brought suit in the Court of Private Land Claims against Cameron and Harvey L. Christie, plus other defendants. But title to the San Rafael grant was confirmed to Cameron and Christie for 17,354 acres. In 1902, the Supreme Court upheld this decision in all aspects.[4]
  • 24 Aug 1821 - The Treaty of Cordoba was signed by Spain, which recognized Mexico's independence.[5] The land in present day Arizona became part of Mexico. Land north of the Gila River was claimed by the State of Alta California and the State of New Mexico. Land south of the Gila River was in the State of Sonora. Look for records in the Spain and Mexico Archives.
  • 1826 - Maria Santisima del Carmen, also know as Buenavista land grant. Francisco Jose de Tuvera petitioned for a deserted rancho. He died during the procedings and the application was then sought in the name of his widow, Dona Josefa Morales. Title was not issued until 24 Oct 1831 because the land had to be resurveyed.
    The grant was purchased at the appraised price of $190 and occupied by Tuvera's heirs until 1851, then sold to Hilario Gabilando. In 1872, the tract was transfered to Jose Maria Quiroga for $500. In 1879, the tract was sold again to Frederick Maish and Thomas Driscoll for $2000. In 1899, the grant was confirmed to Maish and Driscoll by the Court of Private Land Claims for 5,733.41 acres. The rest of this land grant being in Mexico. [6]
  • 1827 - San Ignacio del Babocomari land grant. Don Ignacio Elias Gonzalez and Dona Eulalia Elias Gonzales petitioned for a tract of 8 sitios of land for rasing cattle and horses. The land was auctioned and purchased by the petitioners the following year. The price was $380 for slightly more than 54 square miles of land. The title was issued at Arispe, Mexico on 25 Dec 1832.
    By 1877, Dr. Edward B. Perrin had purchased all the rights to the Babocomari. On 23 June 1881, he sold the land for $16,000 to his brother Robert Perrin, who had the land recorded in Cochise County. But the Court of Private Land Claims rejected the claim. Then in 1898 the Supreme Court reversed that judgement. Title was confirmed for 34,723.028 acres. Robert Perrin sold the land back to his brother Edward. The Letter of Patent dated 16 May 1904 gave title to Dr. Perrin.[7]
  • 1827 - San Juan de las Boquillas Y Nogales land grant. Captain Ignacio Elias Gonzalez and Nepomucino Feliz applied for 4 sitios of land. They paid $240 and were issued a title in 1833. The rights of the heirs were purchased by George Hill Howard by 1880. He sold half of the claim to George Hearst and the other half to his wife Janet G. Howard. Hearst then bought the rest of the Howard claim in 1889.
    Hearst's heirs, his wife Phoebe and son William Randolph petitioned the Court of Private Land Claims. On 14 Feb 1899, their title was confirmed for 17,355,86 acres. A Letter of Patent was issued on 18 Jan 1901.[8]
  • 1827 - San Rafael del Valle land grant. Rafael Elias Gonzalez aquired this land grant for $240. In 1832, he received title. In 1862, the Elias heirs mortgaged this land grant and other land for $12,000. On 23 March 1869, they deeded their land to Joseph, Pierre, and Pascual Camou to cover their debts. The Court of Private Land Claims rejected the claim of the Camou brothers, but it was confirmed by the Supreme Court for 17,474.93 acres.[9]

From 1846 to 1863 - New Mexico Territory land that would later become Arizona

Click on thumb to enlarge map

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  • 1 Feb 1860 - New Mexico created Arizona County from land in Dona Ana County.[30] Arizona County was located entirely within present day Arizona. Look for records in Dona Ana County.
    Arizona+Land+1860P.jpg
  • 5 Apr 1860 - An unofficial convention held in Tucson declared the creation of the Territory of Arizona from the southern half of New Mexico Territory below 34 degrees north latitude and proposed 4 counties for the new territory: Castle Dome, Ewell, Mesilla, and Dona Ana. They also created a provisional constitution and established a government.[31] [32] [33] [34] But the US Congress rejected the idea of Arizona becoming a territory, just as they had eight times before.[35] So the proposed new territory was never officially created. However this time was different, because a government had been created for the intended Arizona Territory. Some records may have been created, but where found is unknown.
    Arizona+Land+1861.jpg
  • 12 Jan 1861 - New Mexico created San Juan County (original, extinct) from land in Taos County.[36] Look for records in Taos County.



Arizona+Land+1861P.jpg
  • 16 Mar 1861 - Another unofficial convention met in Mesilla and declared that the territory formed the previous year was part of the Confederacy. An ordinance was written stating the reasons Arizona had seceded from the United States.[37]
    28 Mar 1861 - Another convention held in Tucson ratified the Mesilla secession ordinance. Some government organization was made, including sending a delegate to the Confederate Congress.[38] [39]
    1 Aug 1861 - Confederate General John Robert Baylor, fresh from his victory at the Battle of Mesilla, made a proclamation declaring Arizona to be a Confederate Territory and appointed a government.[40] [41] A judicial district was formed for land around Mesilla and another one for land around Tucson. Some records may have been created, but where found is unknown
    Arizona+Land+1862.jpg
  • 18 Jan 1862 - New Mexico discontinued San Juan County (original, extinct) returning the land to Taos County.[42] Look for records in Taos County.
    18 Jan 1862 - New Mexico discontinued Arizona County returning the land to Dona Ana County.[43] Look for records in Dona Ana County.
    Arizona+Land+1862R.jpg
  • 13 January 1862 - The Confederate Congress passed a bill declaring Arizona to be a Territory of the Confederate States of America. President Jefferson Davis signed the bill, which then became law.[44] [45]
    14 February 1862 - The Confederate law creating Arizona as a Territory became effective.[46] Note: Fifty years later to the day, Arizona became a state in the United States of America.
    8 June 1862 - US General Carleton, having invaded from California driving the Confederate army toward Texas, declared in Tucson that the Territory of Arizona had been created by the United States and was devoid of all civil government.[47] [48]
    8 July 1862 - The last of the Confederate troops left Arizona Territory as Union troops from California and Colorado took over control. Some records may have been created, but where found is unknown.
    Arizona+Land+1863.jpg
  • 28 Jan 1863 - New Mexico re-created Arizona County from Dona Ana County.[49] This county discontinued when Arizona Territory was created. Look for records in Dona Ana County.

From 1863 to the Present - Arizona land

Click on thumb to enlarge map

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  • 22 Dec 1865 - Arizona created Pah-Ute County (extinct) from the northern half of Mohave County.[54] This county named for the Paiute Indians, using the spelling of that day. Both Mohave and Pah-Ute counties covered land which was later given to Nevada. Look for records in Mohave County.

    Arizona+Territory+1866.jpg
  • 5 May 1866 - The US removed the northwest corner from Arizona Territory (parts of Pah-Ute (extinct) and Mohave counties) and gave that land to the State of Nevada.[55] [56] Nevada used that land by adding to Lincoln and Nye counties. But Arizona held to its previous claim on that land and opposed this transfer, twice petitioning congress to repeal the law. Up thru 1868, representatives from Pah-Ute County (extinct) attended the Arizona Legislature. Look for records in Nevada State Library and Archives and Arizona State Library. Also the Lincoln, Nye, and Mohave counties.
    Arizona+Territory+1869.jpg
  • 18 Feb 1869 - Utah also laid claim to land in the southeastern corner of Nevada by creating Rio Virgin County (extinct) from land in Washington County, Utah; as well as land outside of Utah in Nevada and Arizona.[57] This county named for the Virgin River. Look for records in Washington, Lincoln, Nye, and Mohave counties.
    Arizona+Territory+1871.jpg
  • 14 Feb 1871 - Arizona created Maricopa County from land in Yavapai County.[58] This county named for the Maricopa Indians. Look for records in Maricopa and Yavapai counties.
    18 Feb 1871 - Arizona discontinued Pah-Ute County (extinct).[59] In effect, withdrawing claim to the southeastern corner of Nevada after exhausting all legal recourse. The remnant of Pah-Ute County (extinct) still in Arizona was returned to Mohave County. Look for records in Mohave County.
    Arizona Territory 1872.png
  • 16 Feb 1872 - Utah discontinued Rio Virgin County (extinct).[60] In effect, withdrawing claim to the southeastern corner of Nevada after exhausting all legal recourse. The remnant of Rio Virgin County (extinct) still in Utah was returned to Washington County. Look for records in Washington County.

    Arizona Territory 1875.png
  • 14 Feb 1873 - Arizona expanded Maricopa County by adding land from Pima County.[61] Look for records in Maricopa and Pima counties.
    1 Feb 1875 - Arizona created Pinal County from lands in Maricopa and Pima counties.[62] This county named for the Pinal mountains. Look for records in Maricopa, Pima, and Pinal counties.
Arizona Territory 1877.png
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Arizona State Map 1983.png

References

  1. Early Arizona: Prehistory to Civil War, by Jay J. Wagoner, The University of Arizona Press, Tucson, Arizona, pp 197-200
  2. Early Arizona: Prehistory to Civil War, by Jay J. Wagoner, The University of Arizona Press, Tucson, Arizona, pp 166-172
  3. Early Arizona: Prehistory to Civil War, by Jay J. Wagoner, The University of Arizona Press, Tucson, Arizona, pp 185-188
  4. Early Arizona: Prehistory to Civil War, by Jay J. Wagoner, The University of Arizona Press, Tucson, Arizona, pp 177-184
  5. Beers, 100; "Mexican War of Independence," New Handbook of Texas, 4:698
  6. Early Arizona: Prehistory to Civil War, by Jay J. Wagoner, The University of Arizona Press, Tucson, Arizona, pp 172-177
  7. Early Arizona: Prehistory to Civil War, by Jay J. Wagoner, The University of Arizona Press, Tucson, Arizona, pp 188-192
  8. Early Arizona: Prehistory to Civil War, by Jay J. Wagoner, The University of Arizona Press, Tucson, Arizona, pp 192-194
  9. Early Arizona: Prehistory to Civil War, by Jay J. Wagoner, The University of Arizona Press, Tucson, Arizona, pp 194-197
  10. Williams, Jerry L., ed. New Mexico in Maps. 2nd ed. Albuquerque: University of New Mexico Press, 1986, 108-109
  11. Kearny's Code 1846, "Courts and Judicial Powers,” secs. 5-7/p. 49
  12. Abel, Annie Heloise, ed. Official Correspondence of James S. Calhoun. Washington D.C.: Government Printing Office 1915, Map #2
  13. Coan, Charles F. “County Boundaries of New Mexico.” Southwestern Political Quarterly 3 (June 1922–March 1923): 252–286, 252
  14. U.S. Stat., vol. 9, pp. 922-943
  15. Parry, Clive, ed. Consolidated Treaty Series. 231 vols. Dobbs Ferry, N.Y.: Oceana Publications, 1969–1981, 102: 29-59
  16. Van Zandt, Franklin K. Boundaries of the United States and the Several States. Geological Survey Professional Paper 909. Washington DC, 11, 28-29
  17. Walker, Henry P., and Don Bufkin. Historical Atlas of Arizona. 2nd ed. Norman: University of Oklahoma Press, 1986, 19, 20A
  18. U.S. Stat., vol. 9, ch. 49[1850]/pp. 446-452
  19. Baldwin, P.M. “A Historical Note on the Boundaries of New Mexico.” New Mexico Historical Review 5 (April 1930): 117–137
  20. Van Zandt, Franklin K. Boundaries of the United States and the Several States. Geological Survey Professional Paper 909. Washington DC, 28-29, 162-165
  21. N.M. Terr. Laws 1851, 1st assy., 1st sess./p. 119
  22. N.M. Terr. Laws 1851, 1st assy., 2d sess. /pp. 266, 292
  23. N.M. Terr. Laws 1851, 1st assy., 2d sess. /p. 292
  24. U.S. Stat., vol. 10, pp. 1031-1037
  25. Van Zandt, Franklin K. Boundaries of the United States and the Several States. Geological Survey Professional Paper 909. Washington DC, 11, 29, 162
  26. U.S. Stat., vol. 10, ch. 245[1854]/p. 575
  27. Van Zandt, Franklin K. Boundaries of the United States and the Several States. Geological Survey Professional Paper 909. Washington DC, 162
  28. Walker, Henry P., and Don Bufkin. Historical Atlas of Arizona. 2nd ed. Norman: University of Oklahoma Press, 1986, 21-22
  29. N.M. Terr. Laws 1854, 4th assy. /p. 57
  30. N.M. Terr. Laws 1859-1860, 9th assy. /p. 74
  31. Early Arizona: Prehistory to Civil War, Jay J. Wagoner, The University of Arizona Press, Tucson, 1975, p 370
  32. Thomas Edwin Farish, History of Arizona (Phoenix, Ariz., 1915), 1:324. HathiTrust Digital Library edition.
  33. Sacks, B, M.D. Be It Enacted: The Creation of the Territory of Arizona. Phoenix: Arizona Historical Foundation, 1964, 36, 151
  34. Swindler, William F., ed. Sources and Documents of United States Constitutions. 10 vols. Dobbs Ferry, NY: Oceana Publications, 1973-1979, 1:244-248
  35. Be it Enacted: The Creation of the Territory of Arizona, B. Sacks, Arizona Historical Foundation, Phoenix, 1964, pp 25-30
  36. N.M. Terr. Laws 1860-1861, 10th assy. /p. 16
  37. Be it Enacted: The Creation of the Territory of Arizona, B. Sacks, Arizona Historical Foundation, Phoenix, 1964, p 59
  38. Be it Enacted: The Creation of the Territory of Arizona, B. Sacks, Arizona Historical Foundation, Phoenix, 1964, p 59
  39. Early Arizona: Prehistory to Civil War, Jay J. Wagoner, The University of Arizona Press, Tucson, 1975, p 446
  40. Be it Enacted: The Creation of the Territory of Arizona, B. Sacks, Arizona Historical Foundation, Phoenix, 1964, p 62
  41. Early Arizona: Prehistory to Civil War, Jay J. Wagoner, The University of Arizona Press, Tucson, 1975, p 372
  42. N.M. Terr. Laws 1861-1862, 11th assy. /p. 16
  43. N.M. Terr. Laws 1861-1862, 11th assy. /p. 18
  44. Early Arizona: Prehistory to Civil War, Jay J. Wagoner, The University of Arizona Press, Tucson, 1975, p 372
  45. Journal of the Congress of the Confederate States of America, 1861-1865 (Senate Document 234, 58 Cong., 2 Sess. Serials 4610-4616)
  46. Journal of the Congress of the Confederate States of America, 1861-1865 (Senate Document 234, 58 Cong., 2 Sess. Serials 4610-4616)
  47. Be it Enacted: The Creation of the Territory of Arizona, B. Sacks, Arizona Historical Foundation, Phoenix, 1964, p 68
  48. Early Arizona: Prehistory to Civil War, Jay J. Wagoner, The University of Arizona Press, Tucson, 1975, p 456
  49. N.M. Terr. Laws 1862-1863, 12th assy. /p.30
  50. U.S. Stat., vol. 12, ch. 56[1863]/pp. 664-665
  51. Ariz. Terr. Laws 1864, 1st assy./ pp. vii-viii
  52. Van Zandt, Franklin K. Boundaries of the United States and the Several States. Geological Survey Professional Paper 909. Washington D.C, 162
  53. Howell Code, Ariz. Terr. Laws 1864, 1st assy., ch. 2/ pp. 24-25
  54. Ariz. Terr. Laws 1865, 2d assy./ pp. 19-20
  55. U.S. Stat., vol. 14, ch. 73[1866]/p. 43
  56. Van Zandt, Franklin K. Boundaries of the United States and the Several States. Geological Survey Professional Paper 909. Washington DC, 158, 165
  57. Utah Terr. Laws 1869, 18th sess., ch. 10/p. 7; Atlas of Utah, 163-164
  58. Ariz. Terr. Laws 1871, 6th assy./ pp. 53-54
  59. Ariz. Terr. Laws 1871, 6th assy./ p. 87
  60. Utah Terr. Laws 1872, 20th sess., ch. 19, sec. 2/p. 28
  61. Ariz. Terr. Laws 1873, 7th assy./ p. 87
  62. Ariz. Terr. Laws 1875, 8th assy./ pp. 19-20
  63. Ariz. Terr. Laws 1877, 9th assy./ pp. 12-13
  64. Ariz. Terr. Laws 1877, 9th assy./ pp. 108-109
  65. Ariz. Terr. Laws 1879, 10th assy./ pp. 96-97
  66. Ariz. Terr. Laws 1881, 11th assy./ pp. 4-7
  67. Ariz. Terr. Laws 1881, 11th assy./ pp. 14-17
  68. Ariz. Terr. Laws 1881, 11th assy./ pp. 155-157
  69. Ariz. Terr. Laws 1883, 12th assy./ p. 171
  70. Ariz. Terr. Laws 1889, 15th assy./ pp. 49-52
  71. Ariz. Terr. Laws 1891, 16th assy./ pp. 26-34
  72. Ariz. Terr. Laws 1895, 18th assy./ pp. 96-105
  73. Ariz. Terr. Laws 1899, 20th assy./ pp. 49-57
  74. Ariz. Terr. Laws 1909, 25th assy./ pp. 43-56
  75. Ariz. Laws 1983, 36th assy., ch. 291/pp. 1089-1094