Court : US Supreme Court
..... bounty land or scrip, long before any scrip or land warrants were issued by the government [a fact of which there appeared, indeed, by the evidence, to be no great doubt]; that this was an illegal traffic, forbidden by the act of congress of february, 1847, above referred to, and against public policy; that accordingly, the plaintiff could have no relief in a court of equity against his co-partner, even if it were made to appear that the latter realized a ..... said that the danger that soldiers would seek to reclaim the warrants, or the lands on which they had been located, under the provisions of the act of 1847, already mentioned, must have detracted largely from the amount which any prudent man would have given for martin's interest in the concern. ..... briefly; on the ground that the partnership, having been formed for the purpose of speculating in soldiers' claims to warrants, the original transaction was a fraud upon the act of congress, violating public policy, and that in such a case equity does not interfere. ..... was decided by lord chancellor cottenham and from his opinion we make the following extracts: "the answer to the objection appears to me to be this -- that the plaintiff does not ask to enforce any agreement adverse to the provisions of the act of parliament. ..... taylor, [ footnote 6 ] a case in the english chancery the plaintiff and defendant were partners in a vessel, which, being american built, could not be registered in great britain, according to the navigation laws of .....
Tag this Judgment!Court : US Supreme Court
..... abandoned and deserted in fact, and stood possessed by the united states, no judicial forfeiture thereof having been, under the circumstances, necessary; that none of the parties in interest had ever complied with any of the acts of congress, prescribing in what way claimants of lands in that region should indicate their possessions; that thus, in fact, as well as of right, the fief so abandoned and deserted was reunited to the ..... the 26th of may, 1824, "enabling the claimants to lands within the limits of the state of missouri and territory of arkansas to institute proceedings to try the validity of the same," an act which directed that the claims should be heard and determined in conformity with the principles of justice, and according to the laws and ordinances of the government under which the titles originated; ..... 217 " the governor of new france to the minister of marine and the colonies" "quebec, canada, october 5, 1751" "my lord: by my letter of the 24th august, of last year, i had the honor to let you know that in order to thwart the movements that the english do not cease to make in order to seduce the indian nations of the north, i had sent the sieur chevalier de ..... that is to say, in the year 1800, this same gaspard, then residing in the island of martinique, made, before two notaries there, what in france and its colonies is known as an acte de notoriete, a solemn and recorded declaration of right, intended to keep alive a claim not capable of enjoyment at the moment .....
Tag this Judgment!Court : US Supreme Court
..... , in august, 1852, by deed reciting the legislative proceeding, and purporting to be made in virtue of their said capacity of trustees and agent and of the powers conferred by the act, sold and conveyed, with special warranty, to one colt, "all the right, title, and interest that said second ecclesiastical society &c ..... than thirty years before the expiration of the same, and said trustees and their successors shall have full power to let and lease said estate and to do all other legal acts for the well ordering and management of said estate under the limitation and restrictions as herein is before expressed ..... that the said trustees and their successors shall have full power to lease the estate, and "do all other legal acts for the well ordering and management of said estate under the limitations and restrictions as hereinbefore expressed ..... the legislature of connecticut has the powers of an english court of chancery to direct a sale of real estate devised to charitable purposes, even though it be provided by the devise that the estate shall never be sold in cases where lapse of time or changes in the condition ..... as chief justice wilmot observed, are never imperative; they leave the act to be done at the will of the party to ..... , and pay them over to the society, to protect the possession, prevent waste, see that the taxes are paid, and in the words of the testator, "do all other legal acts for the well ordering and management of the estate ..... . lord langdale, the master of the rolls, .....
Tag this Judgment!Court : US Supreme Court
..... and her husband were well acquainted with des granges, and with a person whom he married "before he imposed himself on zulime," and that reproaching him for his baseness in the latter act, "he endeavored to excuse himself by saying that at the time he married zulime, he had abandoned his lawful wife, and never intended to see her again. ..... said that she desired to state as she now did, under the solemnities of her oath, that a certain deposition of hers taken in 1835 was, as it had been translated, to her from the english copy filed, in very material parts a garbled and mistranslated statement of what she had really said. ..... some measure for the errors of his past life, for he not only made a public acknowledgment, in the last solemn act of his life, that his child was legitimate, but a short time previous to his death frequently repeated the declaration to ..... philadelphia, on his return in july following, he encloses to him a communication which, "in case of accident or misfortune to me," he directs davis to open, and to act in regard to the contents as "i directed you with respect to the other affairs committed to your charge before leaving new orleans. ..... disposition of property to take effect after death is one of the most solemn acts in the life of a man, and in itself is the highest evidence ..... jones, key, reverdy johnson campbell, lawrence, cushing, and perin representing, at different times, the complainant, and ..... and mary zulema carriere, in the year of our lord 1808, august 2. .....
Tag this Judgment!Court : US Supreme Court
..... right of choice is, indeed, one, but not the only reason why the law in general makes the master responsible for the acts of his servant -- and in many cases where the responsibility is allowed to exist, the servant may not in fact be the ..... in the course of his learned and elaborate opinion, he said: "the english legislature has thought it expedient that only certain persons, under certain restrictions, shall be allowed to act as pilots in british waters; and that it shall be compulsory upon all masters of ships to place the navigation of their vessel under the ..... case, [ footnote 3 ] it was held by the court of exchequer that the case was to be determined under the liverpool pilot act, and that the statute containing the clause of exemption did not apply; that, the vessel being at anchor, it was optional with the master to take a pilot or ..... york, it may be observed -- differing from certain acts of great britain, known as the "general pilot acts," though agreeing with others, sometimes called local pilot acts, to-wit, the liverpool pilot act and the newcastle pilot act, and also in its main features with a pennsylvania pilot act (though this inflicts no penalty of imprisonment, and provides only for a money fine of half pilotage, in case of refusal) -- does not ..... , it is sufficient to observe that lord ellenborough and mr. ..... lord stowell, overlooking the statute, ..... lord stowell's mind, furnished as it was with the principles of jurisprudence, rejected the argument for the immunity .....
Tag this Judgment!Court : US Supreme Court
..... but the present practice is to file a libel in rem, upon which the court directs the registrar to write to the lords of the admiralty requesting an appearance on behalf of the crown -- which is generally given -- when the subsequent proceedings to decree are conducted as in ..... 162 prize jurisdiction and its jurisdiction as an instance court of admiralty from the constitution and the acts of congress, and is but one court with these different branches of admiralty jurisdiction, as well as cognizance of other ..... "the mere fact," said the court, "of the ownership of the cotton by the government, in the act of being carried to its port of destination for the purposes of a market as merchandise, we think did not exempt it from the lien in case ..... footnote 4 ] in the case of the athol, [ footnote 5 ] the court refused to issue a monition to the lords of the admiralty to appear in a suit for damage by collision, occasioned to a vessel by a ship of page 74 ..... , although there is certainly some difficulty in distinguishing between that and a proceeding against the vessel itself, but that the fund which belongs to the government is not liable at all for the wrongful acts of its officers, which wrongful acts lie at the foundation of the judgment rendered in the case. ..... 157 in a case in the english admiralty court, a libel having been filed to enforce a claim for seamen's wages against a packet ship employed in the service of the general post office, sir william scott declined to take jurisdiction .....
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..... reverses the judgment rendered by the former majority of five to three, in pursuance of an opinion formed after repeated arguments, at successive terms, and careful consideration, and declares the legal tender clause to be constitutional -- that is to say, that an act of congress making promises to pay dollars legal tender as coined dollars in payment of preexisting debts is a means appropriate and plainly adapted to the exercise of powers expressly granted by the constitution, and not prohibited itself by the constitution ..... . the notion that contracts for the payment of money stand upon any different footing in this respect from other contracts appears to have had its origin in certain old english cases, particularly that of mixed money, [ footnote 5/18 ] which were decided upon the force of the prerogative of the king with respect to coin, and have no weight as applied to powers possessed by congress under our ..... bills were generally made a legal tender for the payment of all debts, public and private, until, by the influence of english merchants at home, parliament prohibited the issue of bills with that quality. ..... for these results they will be remembered and honored so long as the english language is spoken or read among men ..... 569 lord alvanley the energetic expression: "thank god, few such creditors as the present plaintiff have been found since the passing of the act. ..... [ footnote 2/7 ] it is to be presumed that he was the last that ever showed himself in an english court. .....
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..... general assembly, synod, and presbytery of the presbyterian church were all subject, in the exercise of their functions, to constitutions (the standards mentioned at the beginning of this report); that when they violated these, their acts were beyond their jurisdiction and void; that whether they had violated them or not was a matter which the civil courts, on an examination of the constitutions, could properly pass on, and deciding further and finally ..... it is quite obvious from an examination of the series of cases growing out of the organization of the free church of scotland, found in shaw's reports of cases in the court of sessions, that it was only under the pressure of lord eldon's ruling, established in the house of lords, to which final appeal lay in such cases, that the doctrine was established in the court of sessions after no little struggle and resistance. ..... have said that these views are supported by the preponderant weight of authority in this country, and for the reasons which we have given, we do not think the doctrines of the english chancery court on this subject should have with us the influence which we would cheerfully accord to it on others. ..... the principles which induced a different rule in the english courts examined and rejected as inapplicable to the relations of church and state in this country, and an examination of the american cases found to sustain the principle above ..... the leading case on this subject in the english courts of the attorney general v. .....
Tag this Judgment!Court : US Supreme Court
..... the fourth section provides that he shall cause to be published at the close of every session of congress copies of the acts of congress at large, including all amendments to the constitution adopted and all public treaties ratified since the last publication of the ..... done at the city of washington this twenty-fourth day of june, in the year of our lord one thousand eight hundred and sixty-five, and of the independence of the united states of america the eighty ..... [ footnote 6 ]" proclamations for various purposes are mentioned in the english authorities, but it could serve no useful end particularly page 84 u. ..... that a man should, on the 24th of june, perform an act lawful and commendable, that by an official declaration on the 27th this lawful act should be rendered unlawful at the time it was performed, and punishable, is in violation of every idea of constitutional law and of ..... here he had not, on the 24th of june, exercised the last act of authority, nor did he exercise it until the 27th of that ..... an ex post facto law is one which imposes a punishment for an act which was not punishable at the time it was committed or which imposes additional punishment to that ..... the court held that when the last act of authority on the part of the executive had been completed his power was at an end, and the right to the office ..... in the english law, the instrument is thus defined: "proclamation -- proclamatio -- is a notice publicly given of anything whereof the king thinks fit to advertise his .....
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..... and slaughter-house company shall have the sole and exclusive privilege of conducting and carrying on the livestock landing and slaughterhouse business within the limits and privileges granted by the provisions of this act, and cattle and other animals destined for sale or slaughter in the city of new orleans, or its environs, shall be landed at the livestock landings and yards of said company ..... and keeping, within the parishes named, cattle intended for sale or slaughter, which was lawful for them to pursue before the first day of june, 1869, is made by that act unlawful for anyone except the corporation named, and that the business of slaughtering cattle and preparing animal food for market, which it was lawful for them to pursue in these parishes ..... subtitle, at the head of this report, but which are reported together also under the general name which, in common parlance, they had acquired -- grew out of an act of the legislature of the state of louisiana, entitled "an act to protect the health of the city of new orleans, to locate the stock landings and slaughterhouses, and to incorporate 'the crescent city live-stock landing and slaughter-house company ..... that, in the form of apprenticeship for long terms, as it had been practiced in the west india islands, on the abolition of slavery by the english government, or by reducing the slaves to the condition of serfs attached to the plantation, the purpose of the article might have been evaded if only the ..... ..... in the lords of the .....
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