Court : US Supreme Court
..... transient visit, to boston; and, being there arrested by the defendant in error, for the old debt, he caused the suit to be removed from the state into the circuit court, and pleaded his certificate in bar to the action: but the court (consisting of judge iredell, and the district judge) over-ruled the plea, and gave judgement for the plaintiff below: whereupon the present writ of error ..... to the second maxim; because while he was in holland, though but for a temporary purpose, he was bound by the law of the place, and an act good, where done, ought to prevail every where, according to the third maxim, and that, without any distinction between moveable and immoveable estate, and so the ..... a frizian becomes a debtor in holland on account of merchandize sold there, and is sued in friezeland after the expiration of two years; the act of limitation is pleaded which bars such actions with us after a lapse of two years; the creditor replies that in holland, where the contract was made, such prescription and limitation do not exist ..... fields and houses in the province of groningen, cannot make a will disposing of them, because it is prohibited there to make a will of real estate; the frisian law not affecting lands which constitute integral parts of a foreign territory. ..... a resident citizen of the state, took the benefit of her bankrupt law (which, in its terms and operation, was analogous to the bankrupt laws of england) and duly obtained a certificate of conformity from the commissioners. .....
Tag this Judgment!Court : US Supreme Court
..... aforesaid, whether by warrant or patent, good and effectual in law against this commonwealth, or any person claiming under the act aforesaid, in cases where such titles have issued on the authority, and have been grounded upon the certificates of two justices of the peace, usually called 'prevention certificates,' without any other evidence being given of the nature, and circumstances of such prevention, whereby, as is alleged, the conditions of settlement, improvement, and residence, ..... cannot dispense with their injunctions; and it cannot be said that this case falls within the meaning of the 9th section of the second article of the constitution ..... ? it was stated in evidence on the motion for the mandamus, and proved on this trial, that the board of property being desirous of settling a formal mode of certificate, on which patents might issue for lands north and west of the rivers ohio and alleghany, and conewango creek, required ..... . [ footnote 3 ] in the argument in that case, it was insisted by the counsel for the plaintiffs, that the board of property in their resolves, and the governor by his patent, represented the commonwealth pro hac vice; and that interests vested under them, which could ..... . the received opinion of the supreme executive magistrate, the attorney-general, the board of property, and of a respectable part of the bar, (whose sentiments on legal questions will always have great and deserved weight) at that day, certainly was, that if a warrant-holder was prevented by force of arms .....
Tag this Judgment!Court : US Supreme Court
..... at the time of her capture, the mercator was navigated as a bona fide danish vessel, and had on board every paper and document which the law required to prove her neutrality, and especially that she had, 1st, the king's passport, in the usual form; 2d, the certificate of measurement; 3d, her muster-roll, or official list of her crew; 4th, the bill of sale; 5th ..... ) at the time of his meeting and taking possession of the said schooner mercator as aforesaid, nor has it so appeared at any time since, that the said jared shattuck, the libellant, had by any lawful act of expatriation or otherwise at any time become a subject or citizen of any other government or nation and ceased to be a citizen of the said united states, owing fidelity and allegiance thereunto, but admitting it to ..... said united states, voluntarily carried or suffered to proceed to a french port or place as aforesaid, and to be employed as aforesaid, contrary to the intent and in defiance of the prohibitions of the said act of the congress of the united states entitled 'an act further to suspend the commercial intercourse between the united states and france and the dependencies thereof. ..... and in violation of the law of nations, for he avers, propounds, and says that since the passing of the act of the said united states of america entitled 'an act further to suspend the commercial intercourse between the united states and france, and the dependencies thereof,' and before the said 15 may, 1800 -- that is to say on the .....
Tag this Judgment!Court : US Supreme Court
..... directly by the owner, they are in effect paid and supported by the charterer), with the avowed knowledge and necessary intent that she should resist every enemy; that he can take on board hostile shipments on freight, commissions and profits; that he can stipulate expressly for the benefit and use of enemy convoy and navigate during the voyage under its guns and protection; that he ..... covenanted that the said vessel, being in all respects seaworthy, well manned, victualed, equipped, provided, and furnished with all things needful for such a vessel, should take on board a cargo to be provided for her, that the master should sign the customary bills of lading, and that the said ship being laden and dispatched, should join and sail ..... practical application of this principle so as to form the rule, the propositions that the neutral flag constitutes no protection to enemy property and that the belligerent flag communicates no hostile character to neutral property ..... lawfully ship his goods on board the armed ship of an enemy, it will be of little avail unless he is exempted from the consequences of all the acts of such enemy. ..... cooperates in all these important transactions, and thus far manifestly sides with the belligerent and performs, as to him, a meritorious service -- a service as little reconcilable with neutral duties as the agency of a spy or the fraud of a bearer of hostile dispatches. ..... act of the master may be and very often is conclusive upon the cargo, although no general agency .....
Tag this Judgment!Court : US Supreme Court
..... the merchandise sold on credit and appearing on the books of the company," which instruction the court refused, and instructed the jury, "that the evidence did not in law justify an inference that the directors, acting as a board under the articles, had authorized the agent to sell the merchandise aforesaid on credit, and that the agent could not in law be justified in selling on credit by any direction of the directors, individually made, when not ..... and perform the duties assigned to him as agent, according to the terms and meaning of the articles of association, and also such other duties as are, or from time to time should be, assigned to the office of agent by the board of directors, and should from time to time, when called upon, render a just and true account of all money, page 14 u. s. ..... in his third plea, the defendant states that john macleod was appointed agent on 13 february, 1810, and that for one year from the time of such appointment and during the time the plaintiffs acted as directors, he had faithfully executed and performed his duty, &c. ..... by public notice in the alexandria and washington newspapers, to meet in the courthouse of alexandria, either in person or by proxy duly authorized, at which meeting the stockholder, either personally or by proxy, shall elect by ballot seven of their own body to act as directors of the said company for one year. .....
Tag this Judgment!Court : US Supreme Court
..... state or sovereignty or upon the person of any subject of any foreign state or sovereignty not on board of any ship or vessel belonging to any citizen or citizens of the united stated be a robbery or piracy within the true intent and meaning of the said eighth section of the act of congress aforesaid, and of which the circuit court of the united states hath cognizance to hear, ..... upon the high seas, out of the jurisdiction of any particular state, on the fourth day of july now last past, did piratically and feloniously set upon, board break, and enter a certain ship called the industria raffaelli, then and there being a ship of certain persons (to the jurors aforesaid unknown), and then and ..... publicly receiving and acknowledging an ambassador or other public minister from such colony, district, or people, and whether such acknowledgement can be proved by mere inference from the private acts or private instructions of the executive of the united states when no public acknowledgement has ever been made, and whether the courts of the united states are bound judicially to ..... in the ordinary mode of defining crimes, and so far the constitutional power of defining and punishing piracies and felonies on the high ..... certificate from the circuit court for the massachusetts district syllabus a robbery committed on the high seas, although such robbery if committed on land would not by the laws of the united states be punishable with death, is piracy, under the eighth section of the act ..... certificate .....
Tag this Judgment!Court : US Supreme Court
..... prisoners being citizens of the united states, on the fourth day of july then last past, with force and arms, upon the high seas, out of the jurisdiction of any particular state, in and on board a certain schooner or vessel, the name whereof being to the jurors unknown, in and upon a person known, and commonly called by the name of reed, a mariner, in and ..... it follows, therefore, that murder or robbery committed on the high seas may be an offense cognizable by the courts of the united states although it was committed on board of a vessel not belonging to citizens of the united states, as if she had no national character, but was possessed and held by pirates or persons not lawfully sailing under the flag of any ..... in the same case and under the same act, if the offense be committed on board of a foreign vessel by a citizen of the united states or on board a vessel of the united states by a foreigner or by a citizen or foreigner on board of a piratical vessel, the offense is equally cognizable by the courts of the united ..... that the said circuit court had jurisdiction of the offense charged in the indictment, although the vessel on board of which the offense was committed was not at the time owned by a citizen or citizens of the united states and was not lawfully sailing under its flag ..... ) 412 on certificate of division of opinion among the judges of the circuit court of massachusetts syllabus the courts of the united states have jurisdiction under the act of 30 april, 1790, ..... certificate .....
Tag this Judgment!Court : US Supreme Court
..... fifty dollars, and in case of neglect or refusal to take out such license, shall be subject to the same penalties and forfeitures as are prescribed by the original act to which this is a supplement" is repugnant to the constitution of the united states and void; wherefore the said court of appeals, before whom the said judgment of the said city court of baltimore was brought by appeal, ..... for which they shall pay fifty dollars, and in case of neglect or refusal to take out such license subjecting them to certain forfeitures and penalties is repugnant to that provision of the constitution of the united states which declares that "no state shall, without the consent of congress, lay any impost or duty on imports or exports, except what maybe absolutely necessary for executing ..... but while we admit that sound principles of construction ought to restrain all courts from carrying the words of the prohibition beyond the object the constitution is intended to secure, that there must be a point of time when the prohibition ceases and the power of the state to tax commences, we cannot ..... of baltimore against the plaintiffs in error upon the second section of an act of the legislature of the state of maryland, passed in 1821, entitled, "an act supplementary to the act laying duties on licenses to retailers of dry goods, ..... so far as they act upon articles for exportation, are generally executed on land, before the article is put on board the vessel; so far as they act upon importations, they are .....
Tag this Judgment!Court : US Supreme Court
..... is also testimony in the case from several witnesses of the confessions of venable as to the object of the deeds and of subsequent acts of control over the estate to some extent from which unfavorable inferences have been deduced at the argument against the validity of the deeds. ..... the bill charges that these constituted the whole estate of venable, and this fact is not attempted to be denied in the ..... there was no sale made, so far at least as we have any evidence, under the general act of kentucky on this subject passed 3 february, 1813, and therefore that may be laid out of the question, though it is page 27 u. ..... it has been said at the bar that these confessions and acts, being subsequent to the execution of the deeds, ought not to be permitted to prejudice the title of mcdonald, and are not evidence to bind ..... yieser, and charles humphreys are appointed commissioners under the act of assembly of the last session for the sale of the estate mentioned in said law as belonging to the heirs of george adams deceased, situated in ..... 115 observable that a guardian is not authorized under that act to sell without an order of court and giving a bond with sufficient ..... to the amount of what it shall be worth, to board, school and clothe" his wards. ..... to the amount of what it shall be worth to board, school, and clothe" them. ..... whether this payment was authorized by the act is left uncertain, and indeed whether security was not directed to be taken from the commissioners on the sale, as in ordinary .....
Tag this Judgment!Court : US Supreme Court
..... that under such deed an interest still remained and continued in david burns, which on his death descended to and now remains vested in the complainants; that the said acts of congress were passed without their concurrence or consent, and that the constitutional power of congress and the rights of complainants will not permit or sanction the sale of the premises to private parties without such assent and concurrence. ..... out the city, those reservations and streets were forever to remain for public use, and without the consent of the proprietors could not be otherwise appropriated or sold for private use; that the act of congress was a violation of the contract; that by such sale and appropriation for private use the right of the united states thereto was determined, or that the original proprietors reacquired a ..... lifetime, and particularly on 6 july, 1790, seized and possessed of a considerable tract of land within the limits of the present city of washington; that a part of this land constitutes so much of the land mentioned in the second section of an act of congress of may 7, 1822, c. ..... the corporation, answering for itself, further said that without delay a board of five commissioners was organized for the purpose of carrying into execution the act of 1822 according to certain directions in the act and in the ordinance of the corporation; that the commissioners did proceed to lay off the parcels of ground into squares and building lots, and proceeded to make sale of some of them, .....
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