Court : US Supreme Court
..... a right to the proportion of land, thus appropriated, not only against other individuals, who might thereafter attempt to appropriate the same land, but even against the proprietor himself, unless he had previously, and by some act of notoriety, evidenced his intention to withdraw such land from the general mass of property, and to appropriate it to his individual use. ..... the survey of 1768 is executed, it is argued, under a warrant of re-survey in 1762, and consequently the repetition of an act which has no validity, cannot give it validity. ..... commounicated these proceedings to the council, on the second of july 1722, it was thereupon declared, that 'so far as they concerned, or touched, with the proprietary affairs, they were not judged to lie before the board;' which acted as a council of state, and not as commissioners of property. ..... that it was a proprietary manor duly surveyed, within the true intent and meaning of the act of the general assembly. ..... october term, 1805 by an act of the general assembly of pennsylvania, passed on the 27th day of november 1779 (1 vol. ..... , was regularly deduced from the charter of charles the 2d to william penn,1 provided there was a manor called and known by the name of springetsbury, duly surveyed and returned, according to the terms and meaning of the act of november 1779. .....
Tag this Judgment!Court : US Supreme Court
..... the subsequent statute of this state, declaring aliens incapable of purchasing or holding lands in this state, does not affect the plaintiff's title, otherwise than by recognizing and enforcing it, for it hath a proviso that "the act shall not be construed to work a "forfeiture of any lands, which belonged to any subjects of the king of "great britain before the late war, or to prevent proprietors of such "lands, from selling and disposing of the same ..... is such; but the state of new-jersey, by declaring him a subject, and punishing him as such, have also taken him as their subject; and by law have only done what is commonly produced by the act of the party; that is to say, created a kind of double allegiance; a matter which happens here every day in the case of the naturalized englishmen. ..... -and both this ordinance and this section of the act, contained in them nothing more than the principle acted on throughout the war, that americans could at no period legally act against this country, but were bound to take its part from the first hour the sword ..... only by establishing the converse of the proposition, the common law idea that the natural born subject of one prince cannot, by swearing allegiance to another, or by any other act, discharge himself from his allegiance to the former, that the principle of emigration can be made a matter of doubt. ..... section of the last act which punishes treasonable acts between the 19th of april, 1775, when the civil war first broke out, and the 4th .....
Tag this Judgment!Court : US Supreme Court
..... magistrates who granted it and without the participation of wise, the other defendant, such frauds so committed by simms could not so far vitiate or avoid the said proceedings under the insolvent act and the discharge so obtained by simms as to charge wise in this action for a breach of the condition of the bond by reason of simms' having left the prison rules by virtue of such discharge. ..... without reviewing the various additional arguments which have been suggested at the bar, the court is of opinion that upon general principles, strengthened by a particular consideration of the act itself, a departure from the rules under such an authority as is stated in the proceedings, is not an escape which can charge the security in the bond for keeping the prison rules, although that ..... such a discharge might not be permitted to protect him from the original debt, even if the case had not been particularly provided for be statute; but the act of departing from the rules, after being thus discharged, could not charge him with a new responsibility to which he was not before liable, much less will it impose on his ..... 300 error to the circuit court of the district of columbia for the county of washington syllabus a discharge from the prison rules under the insolvent act of virginia, although obtained by fraud, is a discharge in due course of law, and upon such discharge no action can be sustained upon the ..... by the 1st section of the act, the escape warrant must be upon the oath of the sheriff .....
Tag this Judgment!Court : US Supreme Court
..... this position is not intended to apply to the case of a sovereign bound by particular treaties to one of the belligerents; it is intended to apply only to those neutrals who are free to act according to the general law of nations. ..... but if the res be out of the power of the sovereign, he cannot act upon it nor delegate authority to act upon it to his courts. ..... states require that a vessel which has been seized for violating them should be tried in the district where the offense is committed, and certainly it would be irregular and illegal for the tribunal of a different district to act upon the case. .....
Tag this Judgment!Court : US Supreme Court
..... legislature of new jersey; an inquisition taken under the authority of those acts; a judgment of the inferior court of common pleas for the county of hunterdon, in may, 1779, upon that inquisition, confiscating the estate; a judgment of the inferior court of common pleas for the county of sussex; an execution upon ..... it is unnecessary to notice the eleventh section of page 9 u. s. ..... 186 the act of 11 december, 1778, extends the crime of treason to acts not previously comprehended within the law, but makes no alteration in the tribunal before which this offense is to be tried, and by which final judgment is to be rendered. ..... 187 the act, since, without resorting to it, this court is of opinion that there is no error in the judgment of the circuit court. ..... this act cannot, it is conceived, be fairly construed to convert the court of common pleas into a court of limited jurisdiction, in cases of treason. ..... the act of 18 april, 1778, describes the mode of trial, and the tribunal by which final judgment shall be rendered. ..... the act of 4 october, 1776, defines the crime, and that of 20 september, 1777, prescribes the punishment. .....
Tag this Judgment!Court : US Supreme Court
..... the first section of the act of virginia differs from the 4th sec. ..... it was thought proper to notice this difference between the act of parliament and the act of virginia, although the opinion of the court is not determined by it. ..... this reasoning does not apply to the act of virginia, in which the word "promise" is introduced. ..... ; the virginia act enacts that no action shall be brought in the specified cases "unless the promise or agreement on which such action shall be brought or some memorandum or note thereof shall be in writing," &c. ..... by the act of jeofails in virginia, there is no error if any one count will support the judgment. .....
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..... that this omission on the part of the surveyor avoids the title which accrued under the survey is founded on the 6th section of an act passed in the year 1748 entitled "an act directing the duty of surveyors of land. ..... this consideration certainly deserves some weight, but if the court inspects this section, it seems in fair construction to require only the signature of the principal surveyor, who consequently judges in the first instance of the testimony which will enable him to ..... but the general object of the act, and the allusion to patenting which is made in the section, would lead to the opinion that returns to the land office were in contemplation of ..... the proviso to that section of the act of 1779, which has been considered, declares that such surveys shall be returned to the land office within twelve months after the expiration of that session of assembly or ..... to record the survey in two months would avoid it, then the omission of any other act enjoined by the same section would equally avoid it. ..... the 6th section of that act, which has been particularly referred to by counsel, prescribes the duty of surveyors, but contains no direction respecting the signature of plats and certificates except this: "every surveyor making a survey of land shall ..... the 46th section of the act, "for settling the titles and bounds of lands, and for preventing unlawful hunting and ranging," enacts "that every survey of lands intended to be patented shall be made and returned by a sworn surveyor .....
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..... and if the court are of opinion that the said state of georgia was so seised at the time aforesaid, then the jury find that the said state of georgia, at the time of passing the act aforesaid, entitled as aforesaid, as mentioned by the said fletcher, in his assignment of the breach in the fourth count of his declaration, was seised in fee simple of all the territories and tenements ..... west of a meridian line running through or near the point where that river intersects the thirty-first degree of north latitude, and shall omit the last proviso in her said act, and shall so far vary the proviso respecting the sum of one hundred and seventy-one thousand four hundred and twenty-eight dollars, and forty-five cents, expended in quieting ..... the legislature of the said state then duly and legally sitting in general assembly of the said state, that if the said members would assent to and vote for the passing of the act of the said general assembly, entitled as aforesaid, the same then being before the said general assembly in the form of a bill, and if the said bill should pass into a ..... control, took possession of said territory, granted as aforesaid to the said corporation, made a treaty with some of the native indians within said territory, in which, for and in behalf of said corporation, he made purchases of said indians of their native rights to parts of said territory, and erected forts in several places to keep up marks of possession. ..... section provides for the promulgation of the act .....
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..... if possible, rendered still more obvious by the subsequent part of the same section, which describes the jurisdiction of the district court of maine in the same ..... if, by force of this word, appeals were given only in those causes in which the district court acted as a circuit court exercising its original jurisdiction, the legislature would not have added the words, "in the same causes ..... reversal of these judgments, but not in the construction which the chief justice puts upon the third section of the act of march, 1808. ..... having made these observations on the constitution, the court will proceed to consider the acts on which its jurisdiction in the present case depends, and first to inquire whether it could take cognizance of this case had the judgment been rendered by ..... attorney general to the word "therein," as used in the last instance in the clause of the tenth section, which has been cited, is too restricted. ..... the ninth section of the judicial act describes the ..... the word, "therein," in that instance, and the circuit court of massachusetts would possess jurisdiction over causes in which the district court of maine acted as a circuit court, and not over those in which it acted as a district court, a construction which is certainly not to be tolerated. ..... may be empanelled to inquire of the facts aforesaid, should they be denied by the united states, and that these defendants may be hence dismissed with their reasonable costs and damages in this behalf most wrongfully expended," &c. .....
Tag this Judgment!Court : US Supreme Court
..... 30, 1807" "sir," in pursuance of the provisions of the act of congress "to prevent settlements on lands ceded to the united states until authorized by law," i am directed by the president to instruct you to remove immediately from the land known and called by the name of the batture in front of the .....
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