[city Documents, 1847-1867] 1858- No.10
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The referee was of opinion that this act did operate as an alienation in favor of the respondents. But we are of opinion, that upon the facts skoiun and referred to in the report, the construction of this ordinance ivas a question of law, and upon that question, this Court are of opinion that that act did not aii'ect such alienation, and therefore that the title still remains in the Commonwealth ; — concurring in all other respects with the referee." The judgment of the Court is rendered as fol...lows : " Report of the Referee had and accepted, subject to the opinion of the whole Court in matters of law; the Court are of opinion in point of law, that the grant from the Colonial government, to the town of Roxbury, in May, 1G3G, did not include any land bordering on the sea or tide-waters, below ordinary high-water mark, and therefore that judg- ment for their title to and possession of the demanded premises be en- tered for the Commonwealth. Judgment for the Commonwealth." This opinion delivered by the Chief Justice, and em- bracing views so unfavorable to Roxbury, so contrary to the decision of the Referee, and so directly antagonistic to the views which the inhabitants of Roxbury had for years been led to consider not only righteous, but legal, also, caused much surprise as well as disappointment among our citizens.
What to read after [city Documents, 1847-1867] 1858- No.10?
You can find similar books in the "Read Also" column, or choose other free books by Roxbury (Boston, Mass.). Municipal Government to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The referee was of opinion that this act did operate as an alienation in favor of the respondents. But we are of opinion, that upon the facts skoiun and referred to in the report, the construction of this ordinance ivas a question of law, and upon that question, this Court are of opinion that that act did not aii'ect such alienation, and therefore that the title still remains in the Commonwealth ; — concurring in all other respects with the referee." The judgment of the Court is rendered as fol...lows : " Report of the Referee had and accepted, subject to the opinion of the whole Court in matters of law; the Court are of opinion in point of law, that the grant from the Colonial government, to the town of Roxbury, in May, 1G3G, did not include any land bordering on the sea or tide-waters, below ordinary high-water mark, and therefore that judg- ment for their title to and possession of the demanded premises be en- tered for the Commonwealth. Judgment for the Commonwealth." This opinion delivered by the Chief Justice, and em- bracing views so unfavorable to Roxbury, so contrary to the decision of the Referee, and so directly antagonistic to the views which the inhabitants of Roxbury had for years been led to consider not only righteous, but legal, also, caused much surprise as well as disappointment among our citizens.
What to read after [city Documents, 1847-1867] 1858- No.10?
You can find similar books in the "Read Also" column, or choose other free books by Roxbury (Boston, Mass.). Municipal Government to read onlineMoreLess
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