s,
and of their rights, and that the said Robert Smith from his past
relations to them as members of his family, possesses and
exercises over them an undue influence in respect to the matter
of their said removal insomuch that they have been in duress and
not in possession and exercise of their free will so as to give a
binding consent to any engagement or arrangement with him. And it
further appearing that the said Hannah, is aged thirty-four
years, and her daughter, Ann, seventeen years, and all her other
children, to-wit: Lawrence, (aged from twelve to thirteen years)
Nathaniel (aged from ten to eleven years), Jane, (aged eight
years) Charles (aged six years) Marion (aged four years) Martha,
(aged two years) and said infant boy of Hannah aged two weeks, as
well as Mary (aged two years), daughter of said Ann, are under
the age of fourteen years and so under the laws of the State of
California are not competent to choose a Guardian for themselves;
and it further appearing that the said Biddy is aged thirty-eight
years, and the said Ellen is aged seventeen years, and the other
children of said Biddy, to-wit: Ann (aged from twelve to
thirteen) and Harriet (aged eight years) are under the age of
fourteen years, and so by the laws of the State of California are
not competent to choose a Guardian for themselves. It further
appearing that the said infant boy two weeks of age of Hannah is
of tender age and must be kept with his said mother Hannah, the
same is accordingly ordered, and said infant boy is entrusted to
his said mother hereby, and is ordered to appear with him before
the Judge here at the Court House in the City of Los Angeles on
next Monday January 1, 1856 at 10 o'clock A.M. of said day if
her health shall so permit and if not, as soon thereafter as may
be practicable of which the Sheriff of Los Angeles is hereby
notified to notify her the said Hannah and whereof the said
Robert Smith, being now in the Court has notice, it appearing
that she resides in his house and is under his control. And the
said Mary, child of Ann appearing to be of tender age, is
entrusted to the said Ann to be brought before the Judge here at
the time and place aforesaid to be dealt with according to law of
which the said Ann and the said Robert Smith have notice