Court : US Supreme Court
..... not be denied. the exercise of the corporate franchise, being restrictive of individual rights, cannot be extended beyond the letter and spirit of the act of incorporation. in the second section of the act, power is given to the directors to extinguish the indian title, under the authority of the united states, when obtained; to survey and locate ..... is or shall be by them respectively owned," &c.; these are the objects to be accomplished by the act of incorporation, and which could not be attained by the individual efforts of the proprietors. in the eleventh section of the act it is provided "that supplies of money which shall remain in the hands of the treasurer, after the ..... right or rights, or parts thereof, had been sold, with twelve percent, interest thereon, and costs of suit." the act contains no provision in favor of the rights of infants or femes covert. by the tenth section of this law, it is provided "that said directors shall have power and authority, and the same is hereby given .....
Tag this Judgment!Court : US Supreme Court
..... the laws of vermont, the plaintiffs are not entitled to recover any mesne profits unless so far as they can bring their case within the provisions of the third section of the act of vermont of 15 november, 1820. all of which is accordingly hereby certified to the said circuit court of the united states for the district of vermont. [ footnote ..... the laws of vermont the plaintiffs are not entitled to recover any mesne profits, unless so far as they can bring their case within the provisions of the third section of the act of 15 november, 1820. this cause came on to be heard on the transcript of the record from the circuit court of the united states for the district ..... a mere intruder without title, and no ouster can be presumed in favor of such a naked possession. and it is not unworthy of notice that the fourth section of the act of 1785 provided "that no person who hath ousted the rightful owner or got possession of any improved estate by ouster otherwise than by legal process shall take any .....
Tag this Judgment!Court : US Supreme Court
..... to patronize it, since we find in it a multitude of nisi prius decisions, obiter dicta, and certainly some striking misapprehensions, ranged on the same shelf with acts of congress. on the particular subject now under consideration, art. 1649, we find the following sentence: "citizens of the united states have a right to ..... subject containing a liberal extension of this right to individuals and prescribing the form and circumstances under which it is to be exercised, and by which the act of expatriation shall be authenticated. a want of liberality in legislating on this subject might involve the government in inconsistency; but the question here is whether ..... no proclamation of recall. the right, however, to withdraw from their natural allegiance is universally denied by the common law. it is true that without any act of her own, mrs. shanks found herself equally amenable to both governments under the application of this common law principle. but from this only one consequence followed .....
Tag this Judgment!Court : US Supreme Court
..... the district judge of pennsylvania, charging him with high treason. he was, after much deliberation, admitted to bail. this was a proceeding contemplated by the thirty-third section of the judicial act, which declares that in cases where the punishment page 28 u. s. 208 may be death, bail shall not be admitted but by the supreme or a ..... the record brought up directly by writ of error. the power, however, to award writs of habeas corpus is conferred expressly on this court by the fourteenth section of the judicial act, and has been repeatedly exercised. no doubt exists respecting the power; the question is whether this be a case in which it ought to be exercised. the ..... brought up directly by writ of error. the power of this court to award writs of habeas corpus is conferred expressly on this court by the fourteenth section of the judicial act, and has been repeatedly exercised. no doubt exists respecting the power. no law of the united states prescribes the case in which this great writ shall .....
Tag this Judgment!Court : US Supreme Court
..... district attorney for executions, and that he is not liable for omitting to do so. the next question will depend upon the construction to be given to the second section of the act of congress of 3 march, 1801, burch 233, which declares that all fines, penalties, and forfeitures accruing under the laws of the states of maryland and virginia, ..... or which it is alleged ought to have been collected by the marshal and paid over to the levy court, under the provisions of the second section of the act of congress, supplementary to the act entitled, "an act concerning the district of columbia," passed 3 march, 1801. burch's dig. 233. the account containing the claim on the part of the ..... upon the question whether it was the marshal's duty to apply to the district attorney for executions, and his duty to issue them on such application. the second section of the maryland act of 1795, ch. 74, declares, that it shall and may be lawful for the attorney general page 30 u. s. 453 of this state, or either .....
Tag this Judgment!Court : US Supreme Court
..... congress was passed, of which the following is a copy, to-wit: "an act for the relief of the owners of the ships called the good friends, the amazon, and the united states and their cargoes, and also of henry bryce." "section 1. be it enacted by the senate and house of representations of the united states of ..... vessels in the united kingdom of great britain and ireland, shall be entitled to, and may avail themselves of all the benefits, privileges, and provisions of the act entitled 'an act directing the secretary of the treasury to remit fines, forfeitures, and penalties in certain cases,' passed on 2 january last past, in like manner and on the ..... said vessels in the united kingdom of great britain and ireland shall be entitled to and may avail themselves of all the benefits, privileges, and provisions of the act entitled 'an act directing the secretary of the treasury to remit fines, forfeitures, and penalties in certain cases,' passed on 2 january last past, in like manner and on the .....
Tag this Judgment!Court : US Supreme Court
..... taken place upon a known principle of international and political law without the protection of such an article. we have an analogous case in the thirty-fourth section of the judiciary act of the united states, in which it is enacted that the laws of the several states shall be rules of decision in the courts of the united ..... claiming from kentucky, would hardly be conscious of living under the same government. if the seventh article of the compact can be construed so as to make the limitation act of virginia perpetual and unrepealable in kentucky, then i know not on what principle the same rule can be precluded from applying to laws of descent, conveyance, devise, ..... as an unaffected compliance with the compact. such are all reasonable quieting statutes. from as early a date as the year 1705, virginia has never been without an act of limitation, and no class of laws is more universally sanctioned by the practice of nations and the consent of mankind than those laws which give peace and .....
Tag this Judgment!Court : US Supreme Court
..... of the territory and make a division of it, but they do not affect the question which is made in the case under consideration. in the second section of the act of 1800, "the inhabitants of the territory shall be entitled to and enjoy all and singular the rights, privileges, and advantages granted and received by the said ..... construction of this instrument. its general provisions as to the rights of property cannot give jurisdiction to this court. they do not come within the twenty-fifth section of the judiciary act. the complaint is not that property has been taken from the plaintiff in error, in the language of the ordinance, "without the judgment of his peers," ..... the decision of the supreme court of missouri had been against aspasia, it might have been contended that the revising power of this court, under the 25th section of the judiciary act, could be exercised. in such a case, the decision would have been against the express provision of the ordinance in favor of liberty, and on that .....
Tag this Judgment!Court : US Supreme Court
..... ever refuse to seal a bill of exceptions, and none was ever refused, because none was ever tendered like this, so artificial and groundless." the judicial act, sec. 13, enacts that the supreme court shall have power to issue writs of prohibition to the district courts when proceeding as courts of admiralty and maritime ..... 225-226, opinion of the court delivered by mr. justice washington. the circuit court has unquestioned appellate jurisdiction over the district court. the fourteenth section of the judiciary act authorizes all the courts of the united states to issue all other writs not specially provided for by statute which may be necessary for the exercise ..... opinion in favor of the affirmative of the proposition, and the cases referred to have been decided in the true construction of the thirteenth section of the judiciary act, which declares "that the supreme court shall have appellate jurisdiction from the circuit courts of the several states in cases specially hereinafter provided for .....
Tag this Judgment!Court : US Supreme Court
..... which the survey was founded, was in the county of monongalia, and became part of the county of harrison by virtue of the act of assembly establishing the county of harrison. the act of assembly is dated 8 may, 1784, and took effect 20 july of the same year. the bill of exceptions further states that ..... aforesaid counties, by virtue of the first location, shall be good and valid, any act to the contrary notwithstanding." in the bill of exceptions it is stated that ..... all doubt would be removed by a reference to an act of the virginia legislature, passed in 1785, entitled an "act concerning the location of certain warrants upon waste and unappropriated lands in the counties of greenbriar, harrison and monongalia." in this act it is provided by the third section "that all surveys heretofore made in either of the .....
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