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Reports of Cases Determined in the District Courts Volume 16

Reports of Cases Determined in the District Courts Volume 16


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: the purchaser shall fail or neglect to pay the interest as required by this act for the space of one year from the time such interest may become due . . . such neglect or failure shall work a forfeiture of such lands, and the same shall be resold as if no purchase had been made. In Borland v. Lewis, 43 Cal. 572, it is said, in reference to this provision, that In our judgment it was intended by the sixth section to make the failure to pay the interest for one year after it became due operate as a complete forfeiture of the purchaser's right in and to the land. Without specific reference to them, it may be said that the other statutes are similar in their requirement as to the interest, the only difference being the date from which the interest should be computed. Since 1868 the rule has been to compute the interest to the first day of January following the date of the approval, or the date of the certificate of location, or, in case of lands purchased prior to the enactment of the statute, to the first of the following January. The purpose of the change was undoubtedly to make the interest on the various locations fall due at the same time, thereby simplifying and facilitating the work of the surveyor general in his reports and of the district attorneys in their proceedings against delinquent purchasers. The suggestion is made by appellant that the practice for many years has been in accordance with his construction of the statute and it is urged that the practical interpretation of the law by those charged with its administration is entitled to great weight. In this connection the following is quoted from Sutherland's Statutory Construction, section 309: A practical construction of long standing, by those for whom the law was enacted, will not be lightly questioned, es...


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Product Details
  • ISBN-13: 9780217040709
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 366
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 0217040705
  • Publisher Date: 01 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 653 gr


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