Squires

The parties have stipulated that the affidavits on which was based the application of respondent complied neither in form nor substance with the requirements of the Act of March 28th, 1868. Respondent is not, therefore, entitled to purchase under the provisions of that act. (Hildebrand v. Stewart, 41 Cal. 387 ; Cunningham v. Crowley, 51 id. 128.) Nor does his come within the class of cases provided for in the curative Act of March 27th, 1872. (Stat. 1871-2, 622.) Even if the language of the first section of that act were ambiguous, the title illustrates its purpose—“ An act for the relief of purchasers of State lands.” It is difficult to believe, if the Legislature had intended to change the machinery by which such lands might thereafter be acquired, and to amend the law so that applications need no longer be accompanied by certain affidavits, that they would not in terms have amended the prior statute. If the Act of 1872 be construed as an amendment of the previous act, it is apparent that those applicants who have since complied with the previous act as amended, require no “ relief.” To maintain the position of respondent we must declare that the Legislature did by the act last…