Patterson V. The several statutes Georgia com law, being in ria, are to be one statute. 1826. rying and modifying the system occasionally, as policy required. But all being in pari materia, are to be looked to as one statute, in explaining Winn. their meaning and import. Under these laws, of there were various ways in which persons beposing the land came entitled to rights, and could obtain warpari mate-rants for land; such as head-rights, according construed as to the number of a family; bounties to soldiers and to citizens, and likewise for the encouragement of certain manufactures, &c. And for the purpose of ascertaining and determining whether applicants were entitled to warrants, a land Court was instituted in each county, to receive applications for lands, and grant warrants for surveys to such as should show themselves entitled to land, according to the provisions of the land laws. A county surveyor was required to be appointed by each county, who was authorized to lay out and survey, to any person who should apply to him, the land for which a warrant had been obtained. And he was required to record, in an office to be kept for that purpose, all surveys by him made, so as to enable those who had any objections to make to the passing of the grant, to enter a caveat, which was to be tried by a jury of twelve men, sworn to try the matter according to law and equity. And under the act of July 17th, 1783, (Prince's Dig. 266. sec. 36.) this was declared to be final and conclusive. An appeal was afterwards given to the Governor and Executive Council, (sec. 56. of the Dig.) who were required, and empowered to proceed to decide such caveats, in man Patterson V. Winn. ner and form as they should think most condu- 1826. cive to justice; and expressly declaring, that from their decision there should be no appeal. And this was the existing law at the time the grant in question issued. By a subsequent statute, (Dig. sec. 83.) the power of hearing and determining such appeals, and signing grants, was vested in the Governor alone. To permit an inquiry whether a warrant, obtained under such guards and checks, was authorized by law, would be opening the door to endless litigation, and against the spirit and policy of the land laws in general, as well as the letter of the statute, which provides for caveats, and which declares the ultimate decision thereon to be final and conclusive. If the validity of the warrants cannot be called in question, the issuing of the grant follows, as matter of course, and cannot be said to be without authority, un less the statute prohibits the issuing of a grant for more than one thousand acres of land. ting the quan be granted to The act relied upon on the part of the de- The prohi fendant, as containing such prohibition, is that of bition contain the 17th of February, 1783, (Dig. sec. 32.) and of 1793, limiis to be found in the proviso to the first section. tity of land to The enacting clause relates entirely to head- any one person, is coufirights, and declares, that each master or head of ued to heada family, shall be allowed, as his own head-right, and without any other or further charges than the office and surveying fees, two hundred acres ; and shall also be permitted to purchase, at the rates therein specified, a further quantity, according to the number of head-rights in such family. rights. Patterson 1826. Provided the quantity of land granted and sold to any one person shall not exceed one thousand acres, and that such person do live on and cultivate a part of the said land twelve months, before he shall be entitled to a grant for the same. V. Winn. The word granted is said to be used here in its technical sense, as synonymous with patent, and to imply a general prohibition to issue a grant to any one person for more than one thousand acres. Admitting this to be the sense in which the term is used, the consequence would not follow that is contended for. The term is here used in the proviso; the office of which is, to limit and restrict the operation of the enacting clause. The enacting clause relates entirely to head-rights, and is without limitation as to quantity; that depended on the number of the family. The master or head of the family is allowed 200 acres as his own head-right, on paying office and surveying fees, and is permitted to purchase, at the rate therein mentioned, any further quantity, according to the number of head-rights in his family. The proviso, however, limits the quantity to one thousand acres; but the limitation is upon the subject matter of the enacting clause, to wit, head-rights. The enacting clause speaks of two modes of acquiring these head rights. One, a gratuity allowed to the head of the family; the other, a purchase. And the words granted and sold, as used in the proviso, may well be construed in reference to these two modes of acquiring land. And the proviso is equivalent to saying, that no one per . Patterson V. son shall be allowed, on his own head-right, and 1826. on the purchase of head-rights in his family, more than one thousand acres. But this does not prohibit him from purchasing other warrants, and including all in one grant when it is issued. That the word granted, as here used, has reference to the warrant or incipient step towards acquiring the title, and not to the consummation of it by grant, is evident both from the subsequent part of the proviso, and from the use of the same word, as synonymous with warrant in other parts of the land laws. By the proviso, the person to whom land is granted and sold, is required to live on, and cultivate a part of the said land twelve months, before he shall be entitled to a grant for the same. To give to the word granted, in the former part of the sentence, the same meaning as to the word grant in the latter part, would involve gross inconsistency. This construction is corroborated by the enacting clause in the third section of the same act, containing, substantially, a like provision, that every person applying by head-rights as aforesaid, shall, previous to his obtaining a grant for his land, or having it in his power to dispose of the same, (otherwise than by will,) settle and improve a part of such tract or tracts as he may obtain a warrant and survey of, &c. And, in a subsequent act, passed the 23d of December, 1789, (Dig. sec. 85.) the very word granted is used as the act of the land Court, whose authority extended only to the issuing of warrants, and not grants. The enacting clause Winn. Patterson V. 1826. gives to three or more Justices of the Peace, in their respective counties, the same powers that had been exercised by four Justices, and an Assistant Justice, under a former act; provided that the said three or more Justices shall each of them sign all warrants for land by them granted. Winn. Other parts of these land laws might be referred to, to show that this word is not always used in a technical sense as synonymous with patent. And that it is not so used in the proviso to the act of 1783, we think is very evident; and throughout all these laws, so far as we have been able to discover, whenever there is a limitation to one thousand acres, it is applicable to the warrant, and not to the grant. It is clearly to be inferred, from various parts of these land laws, that warrants were transferable. Thus, in one of the earliest acts passed on the subject in the year 1777, (Dig. 261.) it is provided, that all persons who have had lands ordered them, and have not taken out grants for the same, or sold their warrants or rights, or are either dead, or left the State, such person or persons as have bought such warrants, or rights and titles, and continued in this State, shall have such lands granted them, agreeably to such order or warrant so purchased. And, the prohibition afterwards in the year 1794, (Dig. 280.) to survey or renew transferred warrants, necessarily implies, that, previous to that time, such transfers were sanctioned by the land laws; and, if so, there could be no reason why a number of such |