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eBook details

• Title: Railway Company v. Prescott
• Author : United States Supreme Court
• Release Date : January 01, 1872
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Mr. I. G. Mohler, in support of the ruling below: We submit as a preliminary point, worthy of consideration, whether the 21st section of the amendatory act of 1864,–requiring that before any of the lands granted by 'this act' should be conveyed to the company the cost of surveying, selecting, and conveying said lands, shall first be paid into the Treasury of the United States by the company, &c.,–is not limited to lands acquired by virtue of that act. The language is 'this act.' Independently of that the original act of 1862 required no such prepayment, and the government cannot disregard a statute which made a grant–an executed contract–and annex new conditions to the grant by a subsequent enactment. If this point is well taken, then as the title here is derived under the original act (the act of 1862), the requisition does not apply to this particular case.

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