The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-09-16

can and must mean purchased under this
article. Here we have in the Same SEN
tence words descriptive OF two classes OF
purchasers, those who have heretofore
purchased and those who shall hereafter
purchase. The word heretofore is de-
lined as meaning lin time before the pres
ent; formerly The word hereafter is de-
fined as meaning .'in time TO come; In
some future time or state" See these
words in dictionary. believe these words
were used in the above sense. although
there is strong authority for holding that
the word heretofore" In an amen latory
statutes meant before the passage of the
amendatory act and not before the original
act" (See Endlich on Interpretation OF
Statutes, section 272.) am further
strengthened in this view when we con-
slider the following words In the same ar
ticle: And II he or his vendor has al
ready resided upon his home section for
three years the additional lands may
be patented at any time" The original
act was passed in 1895 and the amendment
in which said words quoted above, occur,
In 1897, so that at the date of the passage
of the amendatory act three years had not
then elapsed, and consequently these words
would be nugatory II 1t be held that only
purchasers under the act of 1898 were In
cluded in and embraced in the word
heretofore" in said article; while If all
purchasers of school lands under former
acts were conprehended by said words
then full force and effect can be given to
the words: And II he or his vendor has
already resided upon his home section
that Is at the time of the passage of The |
acO-the additional lands purchased may
be patented at any time" That this is the
proper Interpretation | now believe, con-
trary to my former opinion. Therefore, |
believe that under said article 421Sf, any |
pilrchnspr schpnl ASYLUM afC lands |
made under former laws, who at the date
of the purchase of additional lands, had |
already resided upon his home section for
three years Is entitled to have his add
tional lands patented at any time. Conse-
quently / advise you that 1t is my opinion /
that the purchaser mentioned in your let
ter is governed by article 421Sf and that he |
is entitled 30 have patents issued to his
additional lands at once.
Article 421Sfff of the act of 1897, page
1S5, reads as follows:
ANY bona fide owner of and resident
upon any other lands contiguous to said
lands, or within q radius of five miles
thereof, may also buy any of the afore-
said lands. but in such case a failure to
reside upon either his or other land or
upon part of the additional lands SO
purchased by him, so as to make his own
ership and occupancy thereof continuous
for three years. shall work forfeiture of
such additional lands so bought from the
State. unless he shall have sold his land
to another who may and does complete
three years continuous ownership and
occupancy of and residence upon his lands
as above stated and as is herein required
OF actual settlers"
I am of the opinion that the words in
said article ANY actual bona fide owner
of and resident upon any other lands
contiguous to said lands. or within a
radius of five miles thereof y
Ma hat q, - 1r
other than school. asylum, etc. lands,
under former laws including the
act of 1896 and amendment of 1897 can
purchase additional land under said arti-
Gle, but as to ownership and occupancy
Of such lands. adhere to my former let
ter To make myself better understood,
my opinion is that the purchaser of school I
land under any law can buy additional land
under article 421Sf and If at the date of
his purchase he has already resided upon
his home section for three years that he
Is entitled to patents to his additional
he owner of any land, other than school
land. and within the term ANY other
lands" are included railroad sections,
headlights. prescriptions, ETC., can buy
additional lands but patents can not issue
10 such additional lands until there has
been three years ownership and occu-
,ancy of the land as explained in my
'ormer letter From this it follows that
article 421sf confers the right upon pur
,hasers of school land under any and all
avs to buy additional lands. with right !
70 patent if at time of purchase of addi-
.ional lands such purchaser has already (
resided upon the home section for three
'ears, while article 421Sfff confers the
light upon owners of any land contiguous S
o school land, etc, other than school
ands, to buy additional land. but in such
,ase patents can not issue until three /
years occupancy shall have been had on
,lther the home section or the additional 4
and, from and after the purchase of the
additional land. In other words, the rights c
VI purchasers OF school land under any
md all laws to buy additional land is con- ,
rolled by article 431Sf. while the rights l.
II owners of any other lands other than
chool lands above mentioned are con- Y
rolled by article 421Sfff. BY giving the
tatute this construction believe the leg I
slative intent is given effect to, each
nd every section of the law is upheld, S
between all the provisions Sc
ured and all apparent conflicts removed /
am, very respectfully.
r. Fl. Ward. q
Office Assistant Attorney General