St. Landry democrat., 1884-03-01

bed commenced from 1857 to 1860, ant
mostly graded by different Co., or
different corporation, and many in
stances, several miles off the line o
original location adopted by the land de
! partment and accepted by the formel
Co, the N. 0. B. R. g. V. B. r. r. Co.
and have not, complied with the eondi
tions neithAras TO location as we'll as tc
4 time. The grantee-the N. O. b. R. &
Y. r. r. Co, by Act March 3rd, 1871
who sold whatever rights it had for the
frivolous price of 81 in December 1881
as Settler Nc. 2 properly showed.
Passing over the validity of such a
! sale Of 1900, 900 acres Of land for 81. it
did not perform any acts precedent or
subsequent, from March 3rd, 1871, to
| March 3rd, 1876, when its grant lapsed
| for nonperformance of conditions. The
time within which precedent is to be
performed, is as much the essence of
the contract rs any other part or re-
qulremeut of the condition. Bishop on
contracts, 1902, Chitty on contracts, Ii
A. NJ. Ed. 1068-9i Warran VS.. Bean, 9
Wis, 19os Bank VS.. Hagner, Peters
655-665, 3 Starys Jurs, Ed. 1909; Van.
horn vs.. Dorrance, Dallas 304-817. If
a condition precedent is not performed
within the time provided, no act or de-
claration of forfeiture is necessary, and
no subsequent performance can avail.
Insurance Co., vs.. Howery, 6 ::Otto, 544;
B. & Mo. River r. r. Co. VS.. Boesther,
Is Ia. sos. Conditions precedent, must
be strictly. literally and punctually per-
formed. Vanhorn VS.. DaTance, Q Dali
las, 304-8t6; not even equity will re-
lieve against failure to perform q con-
dition precedent within the time allow
ed. Willards Edu. Jurs. 274-5; Davis
VS.. Gray, is Wall. 90s-29O. Hillard on
Vendors, 1874 Pomeroy on contracts,
$40, nor when the time of performing a
condition, whether precedent or subse-
quenf, is fixed by Statute Farmsworth |
VS.. M. & p. R. r. Co, 3 Otto, 49-6s, 2
Story Ed. Jnrs, 103. 90 nor when is of |
the essence of the condition whether
precedent or subsequent, WiIlards Ed.
Jurs. 994, nor when Just compensation
cannot be given for the breach of con-
dition, whether precedent or subse-
quent, Storys Ed. Jurs. 1924, 2 Wash
burn on real property II I'm. p., 455) nor
where parties have fixed the time Of
mo- Ahrs
sometimes in case of sale of land for
money, and damages FOR delay is mere
matter computation of interest. Board
man VS.. Mesick, 10 Cal. 95, 2 White and
puders leading cases in Equ. 1105, 2
on real property II. Were
It q grant in present., with conditions
on failure to perform the
conditions within the time stipulated
he right to declare forfeiture became
perfect. A condition not performed
within specified time, when time is
,art of the condition, can never be per-
ormed. A road to be built by March
'rd, 1876, cannot after that date, be built
within that specified time.
Timeis the essence of the condition,
because it was fixed by Statute; be-
ause the value of the property would
Increase by time; and because the OBJ
ect of the grant was complied with. /.
Time is the essence of a contract or
though it were conditions !
Pomeroy on contracts, sec )
ions 383-4-5-G the withdrawal of a large !
ody of lands from market and from
lands, retard instead of pro-
notes the development of the coun-
~, and Congress does not make grants E
f public lands to aid in constructing i
Dads, in portions of country already r
rell settled nor does it authorize lands :
D be withdrawn from market and held :
] reservation or in trust to be given as r
reward for the construction of roads :,
fter the country is we'll settled-for in 4
'ell settled regions like these, through :
,hich the N. 0. Pacific Railroad runs, 9
'ould be ample guarantee for the COM : :
any success without government aid. :.
The issuing Of patents is a ministerial ].
ct which must be performed according =
j, Law. Sloddard vs. Chamber 2 How. =
s4-31s. A patent is void at law, if the y
aicer who issued it, did so without au- ].
lority of law, Polk vs.. Wendell Q Ch. :,
'-99 in such a case, the patent is not :. :,
erely voidable, but absolutely void. = :
herman VS.. Buick, 93 u. S. 216. Y