Court : US Supreme Court
..... treasury note law deemed important "to promote the public interests and convenience, and secure the united states and the holders of said notes against fraud and losses." sec. 12 of the act of 1837, before cited. the neglect to do this is a manifest and injurious breach of his bond. the judgment below, then, must, for both of ..... us, it must be done by congress and not the courts of law. anything less than this -- any less strict rule, in the public administration of the finances, would leave everything loose or unsettled and cause infinite embarrassments in the accounting offices and numerous losses to the government. the argument which has been pressed to exonerate him ..... had retired, the counsel for the defendants aforesaid requested and prayed the court to charge the jury as follows:" " that the defendant, t. g. morgan, when acting as collector of the customs, not being under the law a disbursing officer, and the payment of the drafts drawn on him by the treasurer of the united states .....
Tag this Judgment!Court : US Supreme Court
..... strict rules of morality. but they do sit to enforce what has not inaptly been called a 'technical morality.' if confidence is reposed, it must be faithfully acted upon and preserved from any intermixture of imposition. if influence is acquired, it must be kept free from the taint of selfish interests and cunning and overreaching ..... often found some intermixture of deceit, imposition, overreaching, unconscionable advantage, or other mark of direct and positive fraud. but the principle on which courts of equity act in regard thereto stands, independent of any such ingredients, upon a motive of public policy, and it is designed in some degree as a protection to the ..... thankful do i feel for being made the simple instrument of accomplishing the will of him who has so kindly and generously placed his confidence in me, and in acting thus, convince the world that my devoted affection for him was pure, disinterested, and unbiased by any future expectation." "i am, dear sir, your most affectionate .....
Tag this Judgment!Court : US Supreme Court
..... . this case comes before us from the district of maryland, upon a writ of error to the court of baltimore county, prosecuted under the twenty-fifth section of the judiciary act. the facts from which the questions to be adjudged arise are the following: the legislature of maryland, by a law of 18 february, 1828, incorporated ..... legislature, and a subsequent arbitrary divestiture of that property by the latter body, in order to constitute their proceeding an act impairing the obligation of a contract. the mode of proceeding prescribed by the fifteenth section of the charter of incorporation, for the acquiring of land and other materials for constructing the road, has been already ..... stated. let us now inquire by what acts to be performed by the company, and at what period of time, the .....
Tag this Judgment!Court : US Supreme Court
..... refused and returned, for the following reasons, viz.: "i further certify that credit for said receipt was and is refused for the reason that, by the ninth section of the act of 2 july, 1836, it is made the duty of the postmaster general to prescribe the manner in which postmasters shall pay over their balances; that the ..... . 30, 1840 . . . . . 921.40 to balance on postages estimated to have arisen at his office, from oct. 1, 1840, to feb. 7, 1841, and doubled agreeably to the 32d section of the act approved 3d march, 1825, relating to the post office department. . . . . . . . . . 2,852.72 --------- $4,146.70 interest from 7th february, 1841. "i certify that the ..... states v. roberts 50 u.s. (9 how.) 501 error to the circuit court for the united states for the district of illinois syllabus by the ninth section of the act of congress passed in 1836, 5 stat. 81, it was enacted that the postmaster general was authorized to give instructions to postmasters for accounting and disbursing the public .....
Tag this Judgment!Court : US Supreme Court
..... had been allowed with the other colonies of england was cut off by our separation; that with the mother country was subjected to the rigid exclusions of the third section of the navigation act of charles ii, ch. 12. the english system, too, in respect to navigation, had been adopted by the other nations of europe, with very slight ..... was to secure to portuguese vessels the direct carrying trade of such merchandise to the ports of portugal. the united states did the same by the eleventh section of the act of 30 august, 1842, two years after the treaty was made. it placed an additional duty of ten percentum above the rates of duty fixed in the ..... same terms upon which they are introduced in american vessels. these classes of cases are left open to the legislation of each country. the tariff act of congress, passed on 30 july, 1846, has the following section: "schedule i. exempt from duty coffee and tea, when imported direct from the place of their growth or production, in american vessels, .....
Tag this Judgment!Court : US Supreme Court
..... conditions, one of which was that the indian title should have been extinguished. a person by the name of jane matthers, claimed a right of preemption, under this act, to the southeast quarter of section one, township eighteen south, range one west, containing 168 96/100 acres, lying south of the arkansas river. on 24 august, 1818, the indian title to ..... as soon as a regular title for the premises should be obtained. goodloe, on 15 february, 1839, proved a preemption in his own name under the act of june 22, 1838, to the quarter section, and paying the purchase money into the land office, he obtained a patent in his own name. prior to this, on his contract with rhodes, he ..... 26 may, 1824, preemption rights were given north of the arkansas river to all who were entitled to such rights under the act of 1814, and by the third section of the act of 1 march, 1843, every settler on the public lands south of the arkansas river was entitled to the same benefits page 53 u. s. 38 under the provisions .....
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..... the directors of the company passed the following resolution: "a communication was received from the chief engineer representing that the contract of s. & h. howard for section no. 9 was not in due progress of execution, and recommending that it should be forfeited, which was read, and on motion of mr. gilpin the following ..... in that action, which was assumpsit, founded on the paper first spoken of by the witness, which did not bear the seal of the corporation; that by the act of assembly of 1837, c. 30, the baltimore & susquehannah company, the baltimore & port deposit company, and the philadelphia, wilmington & baltimore company were consolidated, under ..... the admission was made, being brought before the union of the corporations, was necessarily in the name of the original corporation; but as, by virtue of the act of union, the wilmington & susquehannah company, the baltimore & port deposit company, and the philadelphia, wilmington & baltimore company were merged in and constituted one body .....
Tag this Judgment!Court : US Supreme Court
..... may, 1828, into that of 1844, would not only be a forced construction, but a manifest perversion. it follows that the law as found in the thirteen first sections of the act of 1824, furnishes all authority the district court had, to proceed, and to decree an equivalent, and that the true mode of proceeding, according to the law ..... general of louisiana, with "special power to establish in this new part of the king's dominions with regard to the military force, police, administration of justice and finances, such a form of government as might most effectually secure its dependence and subordination, and promote the king's service and the happiness of his subjects." 2 mart. 2 ..... as intendants, but that would not alter the power conferred. it was in their capacities as governors they were authorized to make grants, and not as superintendents of the finances. the first intendant seems to have come to the country with o'reilly. his name was francisco de loyola. 2 mart. 2. he died in 1670, and .....
Tag this Judgment!Court : US Supreme Court
..... , authorizing the erection of kentucky into a state, has fully regulated the navigation of the ohio river. and how is this position sustained by fact? by the 7th section of her act of 1789, virginia declares that, so far as her own territory and that of the proposed state shall extend upon the ohio, the navigation of that river shall be ..... shall be liable to abatement upon the same principles and in the same manner that other public nuisances are." and in the act of 19 march, 1847, to revive the first act, it is declared in the 14th section "that if the bridge shall be so erected as to obstruct the navigation of the ohio river in the usual manner by ..... the structure of the bridge so as to obstruct navigation, it could afford no justification to the bridge company. the act of virginia under which the bridge was built with scrupulous care guarded the rights of navigation. in the 19th section, it is declared "that if the said bridge shall be so constructed as to injure the navigation of the .....
Tag this Judgment!Court : US Supreme Court
..... than forty years and claiming to hold the same in his or their own right, and which possession shall have been adverse, open, peaceable, notorious, and exclusive." "sec. 2. this act shall take effect at the end of one day from and after its approval by the governor." this action was commenced on the fourteenth of april, 1846, and, ..... the supreme court in the case referred to, which adjudication was understand to contain an established principle in the fundamental law of that state. the thirty-fourth section of the judiciary act, 1 stat. 92, as well as the rule of general jurisprudence, as to the operation of the lex loci upon titles to land, requires us to ..... every citizen the right of "acquiring, possessing, and enjoying property," page 55 u. s. 504 and that, by the true intent and meaning of this section, property cannot, by a mere act of the legislature, be taken from one man and vested in another directly; nor can it, by the retrospective operation of law, be indirectly transferred from .....
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