McLaughlin v. Menotti

Citations

• 105 Cal. 572
• 38 P. 973
• 1895 Cal. LEXIS 688

Syllabus

<p>Statutes—Evidence—Variance Between Act and Printed Volume.— A certified copy of a statute must be accepted as the authentic statute and expression of the legislative will, and, if there is any variance between an act of Congress as found in the printed volume of statutes and the original, as enrolled and deposited with the secretary of state, the latter must prevail.</p> <p>Id.—Provisions oe Statute—Question of Law.—What are the provisions of a statute is a question of law to be determined by the court upon an examination of the statute itself, and the enrolled copy of the act is the statute or legislative will by which courts are to be governed.</p> <p>Id.—Error ir Printed Volume or United States Statutes—Improvements or Bona Pide Settler on Mineral Lands.—In the printed volume of 13 United States Statutes, page 358, section 4, of the act of Congress of July 2, 1864, the word “or,” is erroneously substituted for the word “on,” and it is only the improvements of a bona fide settler “on any lands returned and denominated as mineral lands” that are protected by that section.</p>