Court : US Supreme Court
..... of office, already acquired a vested title, inchoate, or consummate, in the forfeiture. this construction is fortified by a recurrence to other provisions in the 91st section of the act. it is, in the first place, provided that in all cases of forfeitures recovered in pursuance of information given to such collector (pointing to the collector ..... to remain in full force. the bond was in fact given to john shore, the collector of the district of petersburg, in pursuance of the second section of the embargo act of 22 december, 1807, ch. 5. a suit was afterwards brought by the said collector on the same bond in the district court for the district ..... to the treasury an account of all the moneys received by him for fines, penalties, and forfeitures during such quarter. the 91st section declares that all fines, penalties, and forfeitures recovered by virtue of the act and not otherwise appropriated shall, after deducting all proper costs and charges, be disposed as follows, viz., "one moiety shall .....
Tag this Judgment!Court : US Supreme Court
..... therefore always been construed strictly against the plaintiff, and no case has been excepted from its operation unless within the strict letter or manifest equity of some exception in the act itself. the statutes of kentucky allowing page 15 u. s. 325 further time to owners to survey their entries is made with a different aspect. it is to ..... plaintiffs is that the survey on miller's entry was not executed and returned within the time prescribed by law. page 15 u. s. 324 the act of 1797, taken in connection with preceding acts, declares that entries for land in general shall become void if not surveyed before the first day of october, 1798, with a proviso allowing to ..... a due north course, having on each side of a due north line, drawn through the center of the base, an equal moiety. the act of kentucky of 1797, taken in connection with preceding acts declaring that entries for land shall become void if not surveyed before the 1st day of october, 1798, with a proviso allowing to infants and .....
Tag this Judgment!Court : US Supreme Court
..... clause in the constitution of the united states which was drawn in question in the court from whence this transcript has been sent is that part of the tenth section of the first article which declares that "no state shall pass any bill of attainder, ex post facto law, or any law impairing the obligation of contracts." ..... persons who sustained the offices of secretary and treasurer page 17 u. s. 549 of the trustees of dartmouth college, next before the passage of the act, entitled, 'an act to amend the charter and enlarge and improve the corporation of dartmouth college,' shall continue to hold and discharge the duties of those offices, as secretary and ..... of december, a.d. 1816, the legislature of said state of new hampshire made and passed a certain other act, entitled, 'an act in addition to an act, entitled, an act in addition to, and in amendment of an act, entitled, an act to amend the charter and enlarge and improve the corporation of dartmouth college,' in the words following: " page .....
Tag this Judgment!Court : US Supreme Court
..... to the tenor and purport thereof, and shall be executed accordingly until the same shall be undone or altered by the lord chancellor of england," &c.; subsequent sections of the act direct these decrees, &c.;, to be certified to the chancellor, who is to take such order for their execution as to him shall seem proper, and ..... cause which can be assigned. if, as has been contended, charitable trusts, however vague, could then, as now, have been enforced in chancery, why pass an act to enable the chancellor to appoint commissioners to inquire concerning them and to make orders for their due execution, which orders were to be revised, established, altered, or ..... denomination, who shall appear promising for the ministry, always giving a preference to the descendants of my father's family." in 1792, the legislature of virginia passed an act repealing all english statutes, including that of the 43 eliz., c. 4. in the year 1795, the testator died. the baptist association which met annually at .....
Tag this Judgment!Court : US Supreme Court
..... and essential instrument in the prosecution of its fiscal operations is not now a subject of controversy. all those who have been concerned in the administration of our finances have concurred in representing its importance and necessity, and so strongly have they been felt that statesmen of the first class, whose previous opinions page 17 u. ..... it. the propriety of this remark would seem to be generally acknowledged by the universal acquiescence in the construction which has been uniformly put on the 3d section of the 4th article of the constitution. the power to "make all needful rules and regulations respecting the territory or other property belonging to the united states ..... enough to think of breaking down the lines which separate the states, and of compounding the american people into one common mass. of consequence, when they act, they act in their states. but the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures .....
Tag this Judgment!Court : US Supreme Court
..... favorable. it must be recollected we are now construing a penal statute. and the criminality of the person charged depends altogether on the 5th section of the act of 1795. the 1st section of the act of 1814 makes no difference in this particular, inasmuch as it does no more than create a tribunal for the trial of crimes, and ..... have already been made, the answer to another proposition stated by the defendant is necessarily included. the offense to which the penalties are annexed in the 4th section of the act of 1795 is not an offense against state authority, but against the united states, created by a law of congress in virtue of a constitutional authority and ..... service of the united states, shall not be compelled to serve more than three months after his arrival at the place of rendezvous, in anyone year. the 8th section of the act of 18 april, 1814, declares, that the militia, when called into the service of the united states, if, in the president's opinion, the public interest .....
Tag this Judgment!Court : US Supreme Court
..... all the rest was calculated to prove that these lines were marked at an early day, and engrafted upon a general survey of the county, made under an act of the legislature, for the purpose of exhibiting the relative position of estates claimed in the county. this showed the early and continued claim of the defendant, and ..... accustomed to consider as constituting immutable rules of property. the legislature of tennessee has certainly not supposed that any individual possessed this power of fixing vagrant grants. in the act of 1807, ch. 2, they have enacted, that any person claiming under a grant from the state of north carolina, issued "on a good and valid warrant, ..... , and a copy of the entry on which the survey was made, are admissible in evidence for this purpose. a general plan made by authority conformably to in act of the local legislature may also be submitted with other evidence to the jury to avail, quantum valere potest, in ascertaining boundary. but a demarcation, or private survey .....
Tag this Judgment!Court : US Supreme Court
..... deemed necessary and proper for carrying into execution the foregoing powers, and all other powers vested in the corporation, or any of its officers, either by this act, or any former act." " sec. 7. and be it further enacted, that the marshal of the district of columbia shall receive, and safely keep, within the jail for washington county, ..... depends on the construction of either. congress seems to have intended to give its own construction of this part of the constitution in the twenty-fifth section of the judiciary act, and we perceive no reason to depart from that construction. the jurisdiction of the court, then, being extended by the letter of the constitution to ..... otherwise, to control the whole nation, is no sound argument in support of its constitutional page 19 u. s. 390 inability to preserve itself against a section of the nation acting in opposition to the general will. it is true that, if all the states, or a majority of them, refuse to elect senators, the legislative powers .....
Tag this Judgment!Court : US Supreme Court
..... be reversed and the cause remanded with directions to the court to order a venire facias de novo. [ footnote 1 ] see the statute in revised laws of conn., tit. 59, sec. 1, p. 309; 1 swift's system 335. [ footnote 2 ] see the statute in revised laws of conn. tit. 59, 1, 309; 1 swift's system 335. [ footnote ..... intestate could not possess if living, and that a lien created by operation of law should have a more permanent duration of efficacy than if created by the express act of the party. the convenience of mankind, the public policy of protecting innocent purchasers, and the repose of titles honestly acquired require some limitation upon powers of this ..... will consider every possession lawful the commencement and continuance of which is not proved to be wrongful. and this upon the plain principle that every man shall be presumed to act in obedience to his duty page 20 u. s. 108 until the contrary appears. when, therefore, a naked possession is in proof, unaccompanied by evidence as to its .....
Tag this Judgment!Court : US Supreme Court
..... than one, as that will dispose of the case finally and fix the most important point which it presents, to-wit the correct construction of the first section of the act in question. we are unanimously of opinion that the construction insisted on by the claimant's counsel is the only correct construction. it is perfectly clear that ..... voyage is fairly broken. this was an allegation of forfeiture in the district court of delaware, against the british sloop pitt, under the nonintercourse act of april 18, 1818, c. 65, the first section of which provides "that from and after 30 september next, the ports of the united states shall be and remain closed against every vessel ..... or place as aforesaid, and every such vessel so excluded from the ports of the united states that shall enter or attempt to enter the same in violation of this act shall, with her tackle, apparel, and furniture, together with the cargo on board such vessel, be forfeited to the united states." the vessel in question, belonging .....
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