The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1859-08-17
0EEIGI 4
DECISIONS OF THE HIGH COURT
OF ERRORS AND APPEALS.
By J. z George Reporter to the High Court
Madison McAfee, Auditor, &C.,
The southern RAILROAD 90.

The Southern Railroad Co.
Three Per Cent. Fand-4ct Of 1852 con
straed.-The act of the 18th of March, A. d.
1852, session laws, p. 81 } does not absolute
ly grant the Three per cent fund, then in tn
State Treasury, to the several counties in thi'
State, but the appropriation therein made is ;
mere delegation by the Legislature Of TIN
power to the counties to expent the fund i
execution of the trust imposed by, the terInl
Of the grant made by Congress to the State
and is therefore subject to be resumed at tn
pleasure of the State. at any time before thu
actual reception or appropriation of the money
| by the counties.
2. Statutes-Repeal by implication mo-
formed.--The law does not favor repeal by
implication and hence, when two statutes an
seemingly repugnant, they must be so con.
strued if possible, that the latter shall not BE-
repeal of the former by implication
8. Same-Construction of general words
in.-General words in statute should never
be so construed as to divert a right clearly
granted by previous statute, if they be sus-
ceptible of fair construction consistent with
the right there granted.
4. Three Per Cent. Fund-Acts of 1852
and 1857 constructive act of the 18th Of
March, 1852, granted all of the Three per
cent. fund then in the State Treasury, to the
several counties of the State; the act of the
18th November, 1857, granted all of that fund
then in the Treasury to the FIVE Railroad
Companies thernin named without making an
express reference to the former act. A large
sum which was in the Treasury at the date OF
the first act was never in fact distributed to
the counties but remained in the Treasury at
the date Of the act of 1857, together with a
large sum which had been received as part
of the Three per cent. fund, since the passage
of the act of 1852. Held, that as there were
no express repeal of the act of 1852 contained
iii the act of 1857, the general words of the
latter act did not diyest the right Of the coun-
ties secured by the first act and that the two
acts should be so construed as to give effect to
both of them; and therefore, that the act of
1857, did not embrace any portion of the fund
grrnted to the counties by the act of 1852.
5. Same-Act of 1857-Right of Southern
Railroad Company to a part of the fund not
on Auditors Books.-The act of the 18th
November, A. D., 1867, which loaned the
Three per cent. fund then in the Treasury in
equal shares to five Railroad Companies there
IN named, upon their making application to
the Auditor within ninety days from its date,
also, provided, that if any of said Companies
should fail or refuse for ninety days to make
application for their distribution share, then
the share or shares SO neglected or refused to
be applied for,n should "be distributed by the
Auditor of Public Accounts to the other road
or roads applying within the ninety days,
share and share alike" All the Companies
applied for and received their distributiye
shares of the sum shown by the Auditors
Books and recognized by that officer as be-
longing to the Three per cent. fund. The de-
endant in error (being one of the Companies)
Just before the expiration of the ninety days,
applied for q further sum, which upon subse-
Iuent investigation was found to belong to
hat fund. Held, that the failure of the other
1ompNnies to.applE. within ths ninety days
Or the said sum not recognized by the Audi
tor as belonging to the fund, was not, under
the circumstances, forfeiture of their right
in it, as such failure was without fault on their
part, and occasioned by a mistake of fact over
which they had no control
6. Same-Same--How application for loan
made under Act of 1857.-The application
required by the act of the 18th November,
1857, to be made within ninety days after its
passage by the several Railroad Companies
therein named, for a loan Of the Three per
cent fund, must be made to the Auditor Of
Public Accounts, deposit Of bond with the
Treasurer within that time, and an application
afterwards to the Auditor for his warrant will
not do.