Page:Federal Reporter, 1st Series, Volume 3.djvu/691

 684 IfJlDEpAL, EEPOBTEB, �the literalism of words and phrases, that are to govern. The , signification of the^ entire apt, and not a single clause, deter- mines the intention of the law-maker. Thus, section 6, con- sidered with other provisions of the act, is important as reserving to the state the right, through proceedings in court, to sell the road, thereby discharging it from the lien imposed by the statuts. �The fact that the state might discharge the lien in such way imports that there was no intention of the law-makers to give a beneficiai interest in the security to any one but the state. This view applies with peculiar force where the bolder of the security is a state, not amenable to the ordinary process of courts. �This view of the effect of section 6 upon the construction as to the legi8la.tive.intent is not weakened, but fortiûed, by section 14, which declares that "in the event any of the roads shall be sold under the provisions of the act it shall be the duty of the governor to: appoint an agent for the state to attend the sale, and, if necesgary, to protect the interestsof the state, buy in the road in the name of the state; and, in case the state, shall be the purchaser, the governor shall appoint a receiver, who shall take possession of the road and property, and use the same as provided for in the fifth section of this act, and said. receiver shall settle his acoounts semi-annually with the comptroller, untii the next meeting of the general assembly." �This section imports three things at least as to a sale : (1,) a third person may be a purchaser; (2,) the state may be the purehaser; (3,) that the purchaser obtains a titie discharged of the lien. It is manifest that if a stranger buys he takes title freed from ail liens imposed by the act upon the prop- erty, and there is nothing in the language of the section or in the act to indicate that the state, becoming purchaser, does not take the property equally free from such lien. �The receiver appointed by the governor is to take possess- ion of the road and "use the same as provided for in the fifth section;" that is, in like manner, viz. : "run the same and manage the entire road." This he is to do until the next ����