Court : US Supreme Court
..... the law by which it was instituted; or that the mayor's court acquired the right of appointment, as an incident to their jurisdiction; and the last section of the act of assembly directs the most favorable construction to be made, for the benefit of the corporation. thus, the 39th sect. enacts 'that for the well governing of ..... necessary to a court of record, and by the common law it is incidental to such a court to appoint such an officer. besides, by the 39th section of that act, the corporation have an express power given them to appoint all such officers as they shall think necessary for the well governing of the city, and the ..... ordering of the affairs thereof. it is now unnecessary to enquire, whether this section militated with the constitutional powers of the supreme executive council, or a former legislative construction .....
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..... them in the present case. we find the legislature of the united states expressing themselves in the like general and comprehensive manner; they speak in the thirteenth section of the judicial act, of controversies where a state is a party, and as they do not impliedly or expressly apply that term to either of the litigants in particular, we ..... have no force, i think, against the clear and positive directions of an act of congress and of the constitution. let us go on as far as we can; and if, at the end of the business, notwithstanding the powers given us in the 14th section page 2 u. s. 452 of the judicial law, we meet difficulties insurmountable ..... are to understand them as speaking of both. in the same section, they distinguish the cases where ambassadors are plaintiffs from those in which ambassadors are defendants, and make .....
Tag this Judgment!Court : US Supreme Court
..... some law) the law will equally interpose, to prevent its own principles from being made mere instruments, to defeat its own purposes. [335-continued.] there is no act in law, within my recollection, which fraud will not vitiate. it will vitiate a feoffment, which is a very strict conveyance, requiring no consideration, and passes by an ..... professedly a bargain and sale, is not to have its influence extended, merely that an illegal purpose should take effect, under colour of form. the intent of the act certainly was, that the want of form should not defeat the intention of an honest, but unskilful conveyance; but surely not to smooth the path of injustice, by ..... part of the constitution which concerns the judiciary, has been solicitous to preserve with the greatest caution. the strong instance of this is a provision in the judicial act, to the following effect: 'that no district or circuit court shall have cognizance of any suit to recover the contents of any promissory note, or other chose .....
Tag this Judgment!Court : US Supreme Court
..... clarendon, 1669, 19 ca. 2, c. 10, and of the bishop of atterbury in 1723, 9 geo. i, c. 17. the coventry act, in 1670, 22 & 23 car. ii, c. 1. the constitution of the united states, article i, section 9, prohibits the legislature of the united states from passing any ex post facto law, and in ..... by the conventions of massachusetts, maryland, and north carolina in their several constitutions or forms of government. in the declaration of rights by the convention of massachusetts, part 1st, sec. 24, "laws made to punish actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust. . . ." in ..... used the words in their known and appropriate signification, as referring to crimes, pains, and penalties, and no further. the arrangement of the distinct members of this section necessarily points to this meaning. i had an ardent desire to have extended the provision in the constitution to retrospective laws in general. there is neither policy nor .....
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..... it is a legal presumption. nothing remained in m'clenachan from the execution of the deed, but a mere contingency; and even that contingency, depended entirely upon the act of the creditors. until the trust was defeated, no judgment, or testatum execution, could affect the property; and, consequently, if it was a good subsisting trust on ..... mental, fraud; but it is a distinct inquiry, and the only one before the court, whether they constitute a legal fraud; so as to vitiate and destroy the act, without criminating the agent. we are sufficient impressed with the magnitude of the subject, in all its aspects; as it regards the immediate claims of a numerous body ..... just and lawful actions.' in the construction of the statute, it must, also, be remembered, that there is an essential difference between 'the end and purpose,' of an act, and the consequence and result, which naturally follow it. for, certainly, a creditor, on the eve of obtaining a judgment, may be hindered, or delayed, as the .....
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..... for a mandamus, and as presented to the legislature, evidently involve the following considerations: 1st. whether the company have complied with the condition of the 9th section of the act of april 1792? 2d. whether the reasons assigned for a non-compliance with the condition, bring their case within the proviso? 3d. whether the proviso operates ..... in the whole to two hundred dollars and six cents, and the court accordingly render judgment thereon for the plaintiff, subject to the proviso in the 9th section of the act of assembly, passed the third day of april 1792.' footnotes footnote 1 the reasons, for not embracing this opportunity to discuss the subject, are assigned by ..... lawful to and for the commonwealth to issue new warrants to other actual settlers for the said lands, or any part thereof, & c.' (act of the 3d of april 1792, sec. 8.) for the commonwealth regarded a full compliance with the conditions of settlement and residence as an indisputable part of the purchase or consideration .....
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..... virginia to remain in force in that part of the district which had been ceded by virginia. subsequent to the act of assumption, an act passed supplementary to the act entitled "an act concerning the district of columbia," the second section of which is in these words: "all indictments shall run in the name of the united states and conclude ..... fines, penalties, and forfeitures accruing to the government. this subject will perhaps receive some elucidation from a review of the two acts of congress relative to the district of columbia. the first section of the first act, declaring that the laws of the two states respectively should remain in force in the parts of the territory ceded by each, ..... u. s. 253 the defendant was indicted for suffering a faro bank to be played in his house, contrary to an act of the assembly of virginia of 19 january, 1798, ch. 2, sec. 3. the act provides that "any person whatsoever who shall suffer the game of billiards, or any of the games played at the tables called .....
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..... liable to pay it notwithstanding the repeal of the law by which it was imposed. to support the proposition that the duty did accrue, the words of the second section of the act for imposing it have been relied on. these words are "that from and after 30 september next there be levied, collected, and paid upon all sugar which ..... . in pursuance of this doctrine, they have been resorted to by the defendant in error to show that the terms used in the second section of the act under consideration are such as in all those acts import the imposition of a duty. this is not questioned. it is not denied that a tax is imposed, nor would this have been ..... 52 and paid upon all sugar which shall be refined within the united states a duty of two cents per pound." the fourth section of the act contains provisions respecting the duty on snuff, and the fifth section, after making several regulations requiring the refiner of sugars to report the building and utensils to be employed in the manufacture and to .....
Tag this Judgment!Court : US Supreme Court
..... also to actions of debt, as well as to informations and indictments. an action of debt was instituted for the penalty of $2,000 imposed by the second section of the act of congress passed 22 march, 1794, "to prohibit the carrying on the slave trade from the united states to any foreign place or country." 1 story's l ..... 2 cranch) 336 on certificate of division of opinion among the judges of the circuit court of massachusetts syllabus the provisions of the thirty-first section of the act of congress, passed 30 april, 1790, entitled "an act for the punishment of certain crimes against the united states," by which prosecutions on penal statutes are limited, is general in its provisions, ..... , and this he is ready to verify. wherefore, &c.; to which plea there was a general demurrer and joinder. this plea was founded upon the thirty-first section of the act of congress, entitled "an act for the punishment of certain crimes against the united states," passed 30 april, 1790. 1 story's l.u.s. 83. the .....
Tag this Judgment!Court : US Supreme Court
..... u.s. (2 cranch) 272 on certificate of division of opinion among the judges of the circuit court of the district of north carolina syllabus the ninth section of the act of assembly of north carolina passed in 1715 which directs that unless the creditors of deceased persons shall make their claim within seven years after the death of ..... out his writ in this suit on 5 october, 1789." the question in the case was whether the plaintiff was barred of his action by the ninth section of the act of the assembly of north carolina, passed in 1715. the laws of the state of north carolina which operated on the question certified by the circuit court ..... prevent frauds in the management of intestates' estates,' passed in 1715, and for other purposes:" "whereas doubts have been entertained whether that part of the ninth section of the said act, passed in 1715, which requires the creditors of any person deceased to make their claims within seven years after the decease of such debtor or be forever barred .....
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