Mr. Justice NELSON delivered the opinion of the court.
What affords some plausibility to the argument, on the part of the plaintiff, is the peculiarity of the words of the proviso. The words are, "provided, no marsh or tide lands located within five miles of the city, &c., shall be sold or purchased by authority of this act." This purchase, as appears from the certificate, was made in 1864, under the act of May 13th, 1861, and hence was not within any restriction...
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