Grants

“ 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. ”

“ 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. ”

“ Private legislative grants are subject to very different considerations. These are grants of rights of property, lands, or franchises, which may be made to individuals or corporate bodies, to towns, counties, States, or Territories, and in which the grantee may have private beneficial interests. Examples are, the grant of lands to a town for the founding of a school, or of a church, or for the benefit of the poor of the town. The grantee in all such cases takes a beneficial interest in the grant, as the representative of the persons for whose benefit it is made. ”

“ To determine the extent of the grants of power, we must, therefore, place ourselves in the position of the men who framed and adopted the Constitution, and inquire what they must have understood to be the meaning and scope of those grants. ”

“ 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. ”

“ The consequence has been, that large grants of land have fallen into the hands of those who have never lived upon them, or spent anything upon their improvement, beyond a fictitious amount which they were required to specify to the Government before they could obtain possession of their deeds of grant. ”

“ The very important agency, which this grant has in carrying into effect every other grant, is a strong argument in favour of the construction contended for. All the other grants are limited by the nature of the offices, which they have severally to perform; each conveying a power to do a certain thing, and that only; whereas this is coextensive with the great scheme of the government itself. It is the lever, which raises and puts the whole machinery in motion, and continues the movement. ”

“ Standards for adjusting special furniture grants. No grants should be made unless it were evident that it would be difficult for the family to secure furniture within a reasonable time without incurring heavy debt.
4. Standards for adjusting grants in Sub-committees I, II, and III. All applications should be considered on a strictly relief basis; no grant should be made unless it would enable a family to become self-supporting. ”

“ The State shall use such funds to make other grants and loans, consistent with the purposes for which financial assistance may be used under subsection (a) , as the State considers to be appropriate.' ”

“ Grants, unaccompanied by their proper legal circumstances, were set aside regularly by scire facias, or by bill in chancery. Since the establishment of our new government, this order of things is but little changed. An individual, wishing to appropriate to himself lands still unappropriated by any other, pays to the public treasurer a sum of money proportioned to the quantity he wants. ”

“ 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. ”

“ All persons acting as the agents of absentees, for the purpose of acquiring, managing, or registering grants of land, will be required to produce their credentials, and to follow the same course of proceedings as if the grant were for themselves, with the exception of that part which relates to registration, which must be effected in the name of the real owner. ”

“ All voluntary Grants, made by the Lord or Lady of any Manor, of any Copyhold or Customary Lands or Hereditaments, for a Life or Lives, for a pecuniary Consideration, and the Copies of Court Roll of such voluntary Grants, which Grants and Copies are herein-after otherwise charged.
All Surrenders and other Instruments relating only to Copyhold or Customary Estates, whose clear yearly Value shall not exceed 20s. ”

“ 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. ”

“ 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. ”

“ The debates on the estimates in the House of Commons have become an opportunity for criticising the conduct of the administration, while the financial aspect of the matter, the question whether the grants are excessive and ought to be reduced or not, has largely fallen out of sight. ”

“ 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 ”

“ 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. ”

“ A faithful application of the undiminished proceeds of the grants to the construction and perfecting of their roads, an honest discharge of their obligations, and entire justice to all the people in the enjoyment of their rights on these highways of travel are all the public asks, and it will be content with no less. ”

“ The form adopted in making the grants has weight, in arriving at the true legislative intention, and it is worthy of consideration, that it is not unusual in the legislation of this country to grant vast powers in a short act, by referring to and adopting the provisions of other corporations, of like purposes. ”

“ Experience alone will prove which of the foregoing schemes is the most suitable in this country, or in particular cases. At present the plan largest in operation is the system of Government Grants, next in magnitude are the other funds distributed by the Royal Society, the British Association, the Chemical Society, the Royal Institution, the Birmingham Philosophical Society, and those provided by the munificence of private individuals. ”

“ Without information upon these heads, it seems difficult to imagine, if the fact of grants having been made were to be conceded, what should be the extent of the equivalent to be substituted for them. ”

“ Thus from the beginning private munificence rather than the public treasury fostered and sustained the college, and with steadily increasing preponderance all through its history have its supplies and endowments come from the generosity of individuals. Grants from the colony, province, and State, of small sums for salaries and incidental purposes, made annually or at intervals, wholly ceased more than sixty years ago. ”

“ Owing to the large grants made by the government, the municipality, etc., at the time of the creation of the 'Liceo,'—grants which have been for the most part continued annually and in some cases increased—the institution has been enabled to extend its sphere of operations. ”

“ 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. ”

“ By subsequent provisions of the act and the amendatory act of 1864, three grants were made to the company thus created: a grant of a right of way over the public lands of the United States for the road and telegraph line; a grant of ten alternate sections of land on each side of the road, to aid in its construction and that of the telegraph line ”

“ We hear of grants on such occasions consisting of a κλῆρος in the plain, a house, and a garden free of taxes; a half-κλῆρος in the plain, a house and a garden of half the area of the preceding grant, &c. In the fourth century B.C. a similar grant takes the form [pg 097] of so many plethra as a patrimony or ever. Sometimes, as at Sparta in the second century B.C., the estate was allotted to the newly-made citizen only on condition of residence within the borders of the State.227
§ 3. ”

“ 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. ”

“ Provided nevertheless that all such Conveyances, Grants or Assignments so omitted to be registred as aforesaid, shall notwithstanding such omission be good and effectual against the Grantors, or the Persons making the same, and all other Persons whatsoever, except the Persons claiming under the said Conveyances, Grants or Assignments, which shall be so Registred as aforesaid, as fully and effectually to all Intents and Purposes, as if this Act had never been made. ”

“ If they want to continue receiving federal grants in such areas as transportation, education, and social services, they can use their trust fund money to pay for the grants or, to the extent they choose to forego the federal grant programs, they can use their trust fund money on their own, for other purposes. ”

“ In answer to the question, Mr Chief Justice Marshall, in delivering the opinion of the court, said, 'In the nature of the thing, we perceive no reason why the grant should not be good for land which it might lawfully pass, and void as to that part of the tract, for the granting of which the office had not been opened. It is every day's practice to make grants for lands, which have, in fact, been granted to others. ”

“ There were always unexpended balances to confuse the accounts; and when the figures of the original grants had been on a too generous scale, as was often the case, these balances accumulated from year to year in immense surpluses, sometimes of many millions, of whose use no account was given, and which consequently afforded means for all sorts of extravagance and peculation. ”

“ 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. ”

“ Wherefore should any such gifts or grants have been made, considering their terms to have been suffi­ ciently expressed and inserted in our present decree, we through similar accord, knowledge, and fullness of our power do wholly revoke them and as regards the countries and islands not actually taken into possession, we wish the grants to be considered as of no effect, notwithstanding what may appear in the aforesaid letters, or anything else to the contrary. ”

“ Fell in with a pleasing intelligent young man; now that they were out of debt I said they might improve the public roads—he said grants were occasionally made, but were objected to as unconstitutional. ”

“ Provided, That the Administrator may certify out of the funds made available by this subsection additional grants to States applying therefor to aid needy persons who have no legal settlement in any one State or community, and to aid in assisting cooperative and self-help associations for the barter of goods and services. ”

“ The whole of the lands adjoining those Villages were before the passage of the above Resolve the private property of Individuals who claimed the same by Virtue of old grants made to them and their ancestors during the time of the French government so that the Governor could not cause the said donation to be laid off in the form and manner designated by the said Resolve. ”