Grant

“ The grant does not convey power, which might be beneficial to the grantor, if retained by himself, or which can enure solely to the benefit of the grantee; but is an investment of power for the general advantage, in the hands of agents selected for that purpose; which power can never be exercised by the people themselves, but must be placed in the hands of agents, or lie dormant. We know of no rule for construing the extent of such powers, other than is given by the language of the instrument, which confers them, taken in connexion with the purposes, for which they were conferred. ”

“ When a grant was made to a man and one or more of his sons by name, the sons were originally, at the time of the investiture, capable, or supposed capable, by the lord’s admission, of doing the services of the feud ”

“ A deed also, or other grant, made without any consideration, is, as it were, of no effect; for it is construed to enure, or to be effectual, only to the use of the grantor himself [10] . The consideration may be either a good, or a valuable one. A good consideration is such as that of blood, or of natural love and affection, when a man grants an estate to a near relation; being founded in motives of generosity, prudence, and natural duty: a valuable consideration is such as money, marriage, or the like, which the law esteems an equivalent given for the grant [11] ”

“ The grant is of all the lands, soils, rivers, &c., and of all other regalities. 'Soil is the appropriate word to pass land under water. It is not a general term, but an apt and proper one to pass soil under a river; and therefore, when used, passes, by the king's grant, all that is the prerogative right of the king. It is to be holden by the Duke of York and his heirs, in fee-simple, in free and common socage. Now, suppose the deed stopped here, would there be any doubt of its contstruction? It then grants the powers of government, civil and military. ”

“ To grant is to put into one's possession in some formal way, or by authoritative act; as, Congress grants lands to a railroad corporation. To speak of granting a favor carries a claim or concession of superiority on the part of the one by whom the grant may be made; to confer has a similar sense; as, to confer a degree or an honor ”

“ I make no doubt that there are at this moment thousands of grants lying unclaimed in the land office, every one of which has been copied into the register. The truth is, the grant is a separate thing, from the true original; and the facsimile of it (if it may be so called in the register,) is nothing more than a copy; so that the paper here dignified with the epithet of an exemplification is nothing more than a copy of a copy, and therefore always considered in practice as evidence of an inferior order. ”

“ The applicable principles of English law then well understood, the object of the grant, contemporaneous construction of it and usage under it for more than a century, all are to be given consideration and weight. ”

“ He would not repeat what had escaped him; but alluding to what was in the knowledge of every member, he considered himself allowed to urge the probability that the House would be called upon for a grant of money. Now, sir, can gentlemen expect that either we or the nation will in any case be satisfied to make a large grant of money, while no information is given of the grounds upon which the grant is required? When money is asked for, information ought never to be denied; and, for his part, he never would consent to give a cent, while information, which ought to be communicated, was withheld. ”

“ I quote from the opinion:
'Nothing can be clearer than that if a grant is made for a specific, limited, and defined purpose, the subject of the grant cannot be used for another, and that the grantor retains still such an interest therein as entitles him, in a court of equity, to insist upon the execution of the trust as originally declared and accepted. ”

“ Every such grant shall specify the mode of determining any valuation therein provided for, and shall make adequate provision by way of forfeiture of the grant, or otherwise, to secure efficiency of public service at reasonable rates, and the maintenance of the property in good order throughout the term of the grant. ”

“ The recipient of a competitive grant that is awarded by the Secretary under a covered law shall provide funds, in-kind contributions, or a combination of both, from sources other than funds provided through such grant in an amount at least equal to the amount of such grant. ”

“ The grant, with exclusive privileges, of a right thus appertaining to the government, is a very different thing from a grant, with exclusive privileges, of a right to pursue one of the ordinary trades or callings of life, which is a right appertaining solely to the individual. ”

“ A grant designating some natural object only, such as the head or sources of a river, as the place where the tract should be located. These two classes constituted no inconsiderable portion of the claims filed in the offices of the register and recorder, and afterwards presented before the commissioners. Among the incomplete grants, they probably constituted at least one half of the number. Of the first fifty in the report of the 27th of November, 1833, twenty-eight are of this description; it is fair to presume the same proportion exists throughout. ”

“ His language is this, 'But the king's grant shall not enure to any other intent than that which is precisely expressed in the grant. As, if he grants lands to an alien, it operates nothing; for such grant shall not also enure to make him a denizen, that so he may be capable of taking by grant.' And the authority referred to is Brooke's Abr. Patent, 62. ”

“ If this be true as to one part of the grant of 1864, why is it not equally true as to another portion of the grant, all of it being to the same grantee? When congress makes a grant of a specific number of sections in aid of any work of internal improvement, it must be assumed that it intends the beneficiary to receive such amount of land; and, when it prescribes that those lands shall be alternate sections along the line of the improvement, it is equally clear that the intent is that, if possible, the beneficiary shall receive those particular sections. ”

“ Where the grant is of a tract by specific boundaries, there would be some force in the argument, because in that class of cases it is incumbent upon the court not only to determine the question of confirmation, but also, if it be decided to confirm the claim, to determine the boundaries of the grant as a part of the original adjudication. ”

“ Such rights may be proved either by producing a specific grant from the owner of the manor or by long usage. It is seldom that an actual grant is produced, although it would seem likely that such grants were not uncommon at one time. ”

“ And where any such Grant, Lease, or Tack, shall be made for what shall be deemed and intended as a full and adequate Consideration for the same, either in Money paid at once or in Rent, or in Lands or Hereditaments given in Exchange or otherwise
The Same duty as on a Grant, Lease or tack of the like description made by any of His Majesty's Subjects.
GRANT, or Conveyance, under the Seal of the Duchy of Lancaster, made in pursuance of the Act passed in the 19th Year of His Majesty's Reign, c. 45. ”

“ It is necessary that the credit of Grant and Ward should deservedly stand very high. These notes, as I understand it, are given for no other purpose than to raise money for the payment for grain, etc., purchased to fill government contracts. Under the circumstances, my dear General, you will see that it is of most vital importance to me particularly that the credit of the firm shall always be untarnished and unimpaired. ”

“ This consideration is of great importance in construing a frame of government; and a fortiori a frame of government, the free and voluntary institution of the people for their common benefit, security, and happiness. It is wholly unlike the case of a municipal charter, or a private grant, in respect both to its means and its ends. When a person makes a private grant of a particular thing, or of a license to do a thing, or of an easement for the exclusive benefit of the grantee, we naturally confine the terms, however general, to the objects clearly in the view of the parties. ”

“ Free text books may be issued at the discretion of the local authorities, but in most cases are provided by parents. Every school, public, separate or high, shares in the provincial grant, but the chief financial burden falls on the local authorities. ”

“ Where a grant was of a specific quantity within exterior limits embracing a much larger quantity, there was no obligation on the part of the former government, nor is there any obligation on the part of the present government, to allow the quantity to be selected in accordance with the wishes of the grantee. The duty of the government is discharged when the right conferred by the grant to the quantity designated is attached to a specific and defined tract. ”

“ It has provided, that when a grant is made for a valuable consideration to one person, and the consideration paid by another, no trust shall result in favor of the person paying the consideration, but the title shall vest in the person named as grantee, subject only to two exceptions: 1. ”

“ The words 'be, and the same hereby are, extended,' in the principal provision, and the words 'the grant hereby made,' in the proviso, signify an immediate extension to these new states of the grant in praesenti made to other states in 1850. ”

“ In determining whether to make a grant, and in fixing the amount thereof and the terms and conditions on which it will be made, the Commissioner shall take into consideration the amount available for grants under this section and the other applications which are pending before him; the financial condition of the applicant and the other resources available to it; the nature, extent, and gravity of its problems incident to desegregation; and such other factors as he finds relevant. ”

“ A grant in present terms, subject to a condition precedent, is familiar to the law, and is not unknown in grants of the present kind. Dunlap v. United States, 173 U.S. 65, 43 L. ed. 616, 19 Sup. Ct. Rep. ”

“ All the cases establish the power of the king to make the grant, or the right of the subject to hold by prescription, which pre-supposes a grant from the crown as the only lawful commencement of the title. ”

“ The general rule is positively against it, for the books, old and new, uniformly represent the king as a competent grantor in all cases in which an individual may grant, and any person in esse, and not civiliter mortuus, as a competent grantee. ”

“ No grant will be made to servants under indenture, nor will persons receive grants who shall appear to have come to the Settlement at the expence of other individuals, without sufficient assurance of their having fulfilled the conditions of any agreement under which they may have come. ”

“ If it be conceded that the ordinance is in terms a grant, yet since every grant implies and requires a grantee, when the company refused to accept it the grant necessarily failed. It is obvious and elementary that no person or corporation can be made a grantee against his or its will. ”

“ The original deeds or grants of land to abbeys are seldom met with among private documents. [95] The wording differs little from that of an ordinary grant, except that the donor gives for the good of his soul and the souls of his ancestors. Sometimes very interesting details may be gathered from the foundation deeds of chantries, with the appointment of a priest to celebrate Mass and offer up prayers for the dead, receiving in return a salary derived from lands or else given at once in money. ”

“ While it is incumbent upon those claiming under a public grant, as we have already stated, to make out the rights contended for by terms which clearly and unequivocally convey them, and it is enough to deny the privileges contended for if, upon considering the act, the mind rests in doubt and uncertainty as to whether they are intended to be conferred, we think this act can be given a construction which shall give some meaning and effect to the words 'during the life hereof.' Literally construed, the phrase would mean for the life of the act. ”

“ This event puts an end to all considerations as to any immediate contingencies to affect our decision of the point which relates to me. It is therefore not necessary to take any immediate steps upon it, till we can find some satisfactory solution. You see that my mind leans at present to taking the Rolls at the diminished value, but for life; thinking, as I do, more and more, every day, that such a grant would be perfectly legal and maintainable against all the world, on the ground of precedent, of authority, and on the words of the statute itself. ”

“ It is a general rule that all public grants are to be construed strictly and in favor of the public, and that nothing passes but what is granted in clear and explicit terms. [6]
3. That the acts of Congress were not per se a grant in presenti to the State of all the lands therein described, and that a present right, estate, and interest in the same, did not pass by the terms of the acts, is settled by the case in this court of Rice v. Railroad Company. ”

“ It is a well-settled rule of construction of grants by the Legislature to corporations, whether public or private, that only such powers and rights can be exercised under them as are clearly comprehended within the words of the act or derived therefrom by necessary implication, regard being had to the objects of the grant. ”

“ It is wonderful a great minister should make no difference between a grant, and a promise of a grant; and it is as strange that all I could say would not prevail on him to give me leave to solicit the finishing of it at the treasury, which could not have taken the least grain of merit from him. Had I the least suspected it had been only a promise, I would have applied to lord Wharton above two months ago; and so, I believe, would the archbishop of Dublin from Ireland ”