"Any Portions Of Public Lands, Surveyed Or Otherwise, Which Have Been Actually Selected As Sites For Cities Or Towns, Lotted

Into smaller quantities than eighty acres, and settled upon and occupied for the purposes of trade, and not of agricultural

Cultivation and improvement, or any land specially occupied or reserved for town lots, or other purposes, by authority of the United States." (v Stat. at Large, p. 251.)

Here the "selection" generally, and the "selection" by authority are each provided for eo nomine. It is obvious that the provision in the latter case is made for certainty only; since, by the general rules of statute construction, no ordinary claim of preemption could attach to reservations made by authority of the United States. The effective provision in the enactment quoted, must be selections not made by the authority of the United States.

In point of fact the provision was construed by the Department to include all voluntary selections: lands, says the circular of the General Land Office of July 8, 1838, "which settlers have selected with a view of building thereon a village or city."

It seems to me that the same considerations which induced this construction of the word "selection" in the act of 1838, dictate a similar construction of the same word in the subsequent act. Besides which, when a word or words of a statute, which were of uncertain signification originally, but which have been construed by the proper authority, are repented in a subsequent statute, that is understood as being not a repetition merely of the word with the received construction, but an implied legislative adoption even of such construction.

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