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§ 361. “Vested in the Commonwealth.”

The effect of this expression is to vest the property in the Commonwealth when the department is transferred—i.e., from the time of transfer—without the need of any legal assurance (see Conv. Deb., Adel., p. 871); and the result of the vesting would seem to be that the Commonwealth acquires the property to exactly the same extent as if it had been acquired under the next sub-section, or under sec. 51, subs. xxxi. The difference is in the mode of vesting, not in the nature of the interest acquired. Compare the phrase used in sec. 125, which provides that the seat of Government shall be within territory “which shall have been granted to or acquired by the Commonwealth and shall be vested in and belong to the Commonwealth.” The substantial difference between the two expressions is that under this section the property is vested, and under sec. 125 the territory only. The effect of this section, considered by itself, seems to be to transfer only the proprietary rights of the State, and not its territorial rights; but sec. 52 supplements this by giving the Federal Parliament “exclusive power to make laws” with respect to places acquired by the Commonwealth for public purposes.




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