Court : US Supreme Court
..... to be presumed in a case in which the deliberate purpose to abandon it does not appear. i have sought in vain in the sixtieth section of the act, in the act itself, and in the legislation and jurisprudence of ohio, for the expression of such a deliberate purpose. my opinion is that the supreme court ..... must frequently occur, according to the mutable conditions, circumstances, or policy of the state. these conditions are regulated for the time, in the sixtieth section of this act. that section comes from the lawmaker, who ordains that the officers of certain banking corporations at stated periods shall set apart from their property a designated sum as their ..... the delicate and complex arrangements for the supply of a paper currency to the state, and determines the investment of millions of capital, we find this sixtieth section. the act is enabling and permissive. it makes it lawful for persons to combine and to conduct business in a particular manner. it forms no partnership for the state .....
Tag this Judgment!Court : US Supreme Court
..... 1822, from which last period the compensation of the collector was limited by the government, for all extra services, to the sum of $400 per annum, under the 18th section of the act of may 7, 1822, which declares "that no collector, surveyor, or naval officer, shall ever receive more than $400 annually, exclusive of his compensation as collector, ..... for their examination, and was disallowed. on the foregoing evidence, the counsel for the defendant prayed the court to instruct the jury as follows: that the 18th section of the act of congress, passed on the 7th of may, 1822, further to establish the compensation of the officers of the customs &c.;, was not intended to operate, ..... the office of inspector of customs, at the same time as that of collector of michilimackinac, such office of inspector was not within the purview of the 18th section of the said act." "which instruction the court refused to give. " page 58 u. s. 127 in the above statement of the claim of the plaintiff in error there .....
Tag this Judgment!Court : US Supreme Court
..... the defendant, as collector of the port of new york, at the port of new york, as stated in his answer, under and by virtue of the 8th section of the act entitled "an act for reducing the duties on imports, and for other purposes," passed july 30, in the year 1846, were not to be treated as penalties and one moiety thereof ..... the port of new york at the port of new york, as page 58 u. s. 148 stated in his answer, under and by virtue of the 8th section of the act entitled 'an act for reducing the duties on imports, and for other purposes,' passed july 30, in the year 1846, were to be treated as penalties, and one moiety thereof divided ..... the time of the levying, collection, and payment thereof in the said port of new york, as claimed by the plaintiffs in their bill in this cause." the 8th section of the act of july 30, 1846, after requiring the collector to cause the dutiable value of the imports therein referred to to be appraised, estimated and ascertained in accordance with the .....
Tag this Judgment!Court : US Supreme Court
..... of title in the stockholders. nor is the objection to the jurisdiction of this court tenable. ten years have nearly elapsed since this trust was created. the acts of the legislature contemplated a prompt and speedy settlement. they direct the reduction of all the property into ready money and an early distribution among the parties concerned ..... a judicial sentence for a breach in its charter, any claim upon the corporate property for the satisfaction of his debt apart from the reservation in the act of the legislature which directed the prosecution? can the lands be resumed in disregard of their rights by vendors, who have received a full payment of their ..... june, 1845, the circuit court of adams county rendered a judgment against the bank upon an information in the nature of a quo warranto preferred pursuant to the act of the legislature of july, 1843. by this judgment, the bank was "prejudged and excluded from further holding or exercising the liberties, privileges, and franchises granted .....
Tag this Judgment!Court : US Supreme Court
..... jurisdiction, the writ must be denied. marbury v. madison, 1 cranch 137; 1 peters condensed rep. 267. if the latter, then it may be awarded, since the judiciary act of 1789, sec. 14, has clearly authorized the court to issue it." "this was decided in the case ex parte hamilton, 3 dall. 17; ex parte bollman & swartwout, 4 cranch ..... the 2d sec. that, in his discretion, the governor may commute or change any sentence or judgment of death into other punishment of such criminal of this state upon such terms and conditions as he shall think expedient. and if a slave, he may be transported and sold for the benefit of the state. by an act of congress ..... that fundamental law; and any modification of the power, to be exercised at the discretion of the president, must be coextensive with the constitutional power. the 8th section of the 1st article of the constitution declares that congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing .....
Tag this Judgment!Court : US Supreme Court
..... mere form, be required to surrender that subject. such a proposal should be regarded as neither equitable nor reasonable, and should be especially discountenanced by a tribunal which acts upon principles of an enlarged public policy -- less fettered perhaps than any other by narrow technical rules. this case bears a strong resemblance to that of benton v ..... known that your vessel is american." in proof of the agency of rivas, as the representative of jecker, torre, and co., and as affecting them by his acts, reference may be made to a communication from that firm, dated mazatlan, april 1, 1847, addressed to the master of the admittance, which communication was doubtless prepared ..... with the enemies of the united states whereby the said ship, her cargo, tackle, and appurtenances, became subjects of lawful prize. all which illegal intention and acts of the master more fully appear by the papers of the said ship, and by other papers received from the master by the libellant, numbered from one to .....
Tag this Judgment!Court : US Supreme Court
..... claimed under the title of francis moreau. the lot was recommended for confirmation by recorder bates in 1815 and confirmed to moreau's representatives (he being then dead) by the act of congress passed on the 29th of april, 1816. boyle alleged that a portion of the title remained in moreau's descendants until 1853, when it was levied upon ..... as there is no bar to the claim of the plaintiff by the statute of limitations. by an act "prescribing the time for commencing actions," approved march 10, 1835, revised code, 396, it is declared in the 11th section that "the provisions of this act shall not apply to any action commenced, nor to any cause where the page 60 u. s. 150 ..... right of action of entry shall have accrued, before the time when this act takes effect, but the same shall remain subject to the laws now .....
Tag this Judgment!Court : US Supreme Court
..... is referred to as affording the authority to this court to pronounce the sentence which the supreme court of missouri felt themselves constrained to refuse. that section of the act prohibits slavery in the district of country west of the mississippi, north of thirty-six degrees thirty minutes north latitude, which belonged to the ancient province ..... . the clause which enables congress to dispose of and make regulations respecting the public domain was demanded by the exigencies of an exhausted treasury and a disordered finance, for relief by sales, and the preparation for sales, of the public lands, and the last clause that nothing in the constitution should prejudice the claims ..... rightly, to a greater or less extent, the power to determine what shall and what shall not be property. but the great powers of war and negotiation, finance, postal communication, and commerce, in general, when employed in respect to the property of a citizen, refer to and depend upon the municipal laws of the .....
Tag this Judgment!Court : US Supreme Court
..... similar laws. see 7 louis.an.r. 192. congress, from an early period, and in repeated instances, has legislated in a similar manner. by the fifteenth section of the "act to lay and collect a direct tax within the united states," of july 14, 1798, the supervisor of each district was authorized and required to issue a warrant ..... the amount of the default, and. by such warrant. proceed to collect it. without a wearisome repetition of details, it will be sufficient to give one section from the massachusetts act of 1786: "that if any constable or collector, to whom any tax or assessment shall be committed to collect, shall be remiss and negligent of his duty ..... virtue of what is denominated a distress warrant, issued by the solicitor of the treasury under the act of congress of may 15, 1820, entitled, "an act providing for the better organization of the treasury department." this act having provided, by its first section, that a lien for the amount due should exist on the lands of the debtor from .....
Tag this Judgment!Court : US Supreme Court
..... , nor a willful, malicious, or oppressive abuse of authority, in order to injure the plaintiff. page 61 u. s. 147 but the declaration charges that these acts of defendants, in reducing the level of the street, removing trees, pavement &c.;, were done "unlawfully, wrongfully, and injuriously." on the pleadings and evidence in ..... might sustain thereby, was unauthorized and unlawful, and that said defendants are liable to the plaintiff for the damages sustained thereby. [refused.]" "that under the act of congress authorizing said defendants to open streets, when they have once graded and opened the same, that they have no lawful authority, without the consent of ..... regulated only by congress, directly or by such individuals or corporations as are authorized by congress. the act to incorporate the city of washington, passed may 15, 1820, among other specific powers and duties enumerated in the seventh section, has the following: "to open and keep in repair streets, avenues, lanes, alleys &c.;, .....
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