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Jiban Banerjee Vs. the State

Court : Kolkata

Reported in : AIR1959Cal500,1959CriLJ965,63CWN628

..... have since found that there are similar provisions in section 29 of the central excises and salt act (1 of 1944), section 5 of the diplomatic and consular officers (oaths and fees) act (xli of 1948), section 7 of the foreign recruiting act, (iv of 1874), section 66 of the inland steam vessels act (1 of 1917), section 134 (1) of the railways act (act ix of 1890) and section 72 of the indian stamp act (act ii or 1890) ..... . the reason for the reference is the inconvenience that arises both to the prosecution and to the defence from the fact that although at the conspiracy trial evidence of the various overt acts may go in, the trial or trials for the various overt acts themselves, if they occur outside the territorial jurisdiction of the trying judge have to be taken up by one or more other courts having territorial jurisdiction, the inevitable consequence being a multiplicity ..... 'the lower court cannot be clothed with jurisdiction to try the charge of conspiracy merely because the conspiracy and different acts of cheating might form part of the same transaction and that the charges in respect of them might be tried together ..... an offence was committed, orwhere an offence is committed partly in one local area and partly in another, orwhere an offence is a continuing one, and continues to be committed in more local areas than one, orwhere it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas. .....

Penman Vs. Wayne

Court : US Supreme Court

..... the court from any enquiry into the facts; but, he continued, that the section was not only disjoined by the words of the act (in the first place admitting proofs by affidavit or affirmation; and in the second place requiring proofs from records or otherwise) but also by the reason and propriety of the case, which will not permit a plaintiff, ..... , that the words, as the deponent believes, clearly related to the defendant's not having a sufficient estate left to satisfy the plaintiff's demand; that it is not necessary to set forth the facts in the affidavit under this act, as it is in england where a positive affidavit is required to hold the defendant to bail; that it, indeed, the whole of the second section were connected, it would amount to a condition precedent, and a positive affidavit would preclude ..... residence, above all others, as few plaintiffs comprehend the technical import of the word, this provision seems to be indispensible; and when the 3rd section says, that if the court find the defendant is such as by the act is entended to be exempted from arrest, it furnishes a conclusive argument, that they must examine the evidence produced by the parties; for, in order to find a particular object, it is clearly requisite, in the first place, to search ..... by one act of assembly it is provided, that foreign attachments shall only issue against such as are not resident within the state; 1 state .....

Respublica Vs. Cobbett

Court : US Supreme Court

..... it was answered that if the present attempt was successful, it would prostrate the authority of the individual states and render them, whenever a foreigner was an offender, and the offense was bailable, completely dependent upon the federal courts for the administration of criminal justice. ..... 55, and that whatever doubt might be raised, whether this original jurisdiction embraced the case of a plaintiff state upon a recognizance, yet the act precludes all doubt when, in the nature of an appellate jurisdiction, it provides by the 12th section for the removal of "a suit (not saying as before, a suit of a "civil nature") commenced in any state court ..... " when these exceptions were made, the concurrent jurisdiction of the state courts existed to satisfy them, and the act of congress does not, in any other section, name or describe the case of a state either upon the principle of an original, exclusive, ..... to obviate, indeed, all cavil on the nature of the actions to be removed, the 12th section of the judicial act rejects epithets and qualifications of every description, using simply the term "a suit," which is what the logicians would denominate genus generalissimum, comprehending every ..... this will appear pretty plain from a perusal of the 11th section of the same act, where it is enacted that the circuit courts shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature of a certain value where the united states is plaintiffs or .....

Willing Vs. U S

Court : US Supreme Court

..... authorities, though they relate only to the validity of the transfer as between the parties, it is said 2 east, 404 that 'if the act of parliament (dictating this measure) were to be considered as giving an indefinite time (or even a reasonable time, after the execution) for the compliance with its requisites; it would enable a transfer of property to be made to foreigners, who might remain concealed owners, until the return of the vessel to her port, which might not be for a great ..... plea, or pretext, except a plain error in fact; and, here, no error in the calculation of figures, no accidental error in the rate of duties, was assigned; but a defence was suggested, upon a principle, which would equally apply to a charge of foreign duties, made in consequence of any other description of forfeiture, and disability, under the acts of congress; though the secretary of the treasury was vested with a special power of remission and mitigation in such cases. ..... the cargo is not liable to the claim of foreign duties, until an actual sale of the ship; and why should the owner of the cargo lose his privilege, on account of the sale, which is an act of the owner of the ship alone? .....

Ex Parte Bollman and Ex Parte Swartwout

Court : US Supreme Court

..... who not only defined and limited the crime but with jealous circumspection attempted to protect their limitation by providing that no person should be convicted of it unless on the testimony of two witnesses to the same overt act or on confession in open court, must have conceived it more safe that punishment in such cases should be ordained by general laws, formed upon deliberation, under the influence of no resentments, and without knowing on ..... a party having a right to sue in this court, as a state at the time of the passage of this act or a foreign minister wishes to institute a suit against a person who is already confined by the process of an inferior court. ..... might unquestionably be employed to bring up a prisoner to bear testimony in a court, consistently with the most limited construction of the words in the act of congress, but the power to bring a person up that he may be tried in the proper jurisdiction is understood to be the very question ..... passed through new york and the western states and territories without insinuating that he had performed on his route any act whatever which was connected with the enterprise, he states their object to be, "to carry an expedition into the mexican ..... the act of congress which the prisoners are supposed to have violated describes as offenders those who begin or set on foot, or provide, or prepare the means for any military expedition or enterprise to be carried on from thence against the dominions of a foreign prince or state with whom .....

United States Vs. Willings and Francis

Court : US Supreme Court

..... owners of the said ship or vessel; or if any part of such ship or vessel has been sold or transferred since the granting of such register, that such is the case and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by way of trust, confidence, or otherwise, in such ship or vessel. ..... 146, 147, it is enacted, "that when any ship or vessel which shall have been registered pursuant to this act or the act hereby in part repealed shall in whole or in part be sold or transferred to a citizen or citizens of the united states or shall be altered in form ..... obtaining a new register before entry, and the necessity of doing so must depend upon the words of the act and upon the nature of the case. ..... the 14th section of the act of congress of 31 december, ..... the words of the act are "and in every such case ..... that it designates the precise time when a particular act must be performed in order to save a forfeiture; the defendants insist that it describes the occurrence which shall render that particular act necessary. ..... the transfer, or the repairs and alterations of the hulk or rigging are in all cases to be made in the office from which the new register is to be obtained, a reasonable interval between these acts must be allowed. ..... the particular act to be performed in order to save the forfeiture of the american character and the privileges attached to it is the obtaining a new register, and the first inquiry is whether this new register must be obtained at the .....

The St. Jago De Cuba

Court : US Supreme Court

..... on this point the material facts are these: that this vessel, although appearing under the character of a foreign vessel, was in reality in her home port, and this whether considered as the property of gunn or of maher and ..... and lastly of several materialmen who claim the payment of their bills, alleging the vessel to be foreign, and their being employed in her equipment and repairs by the captain, and one strike as his ..... the present instance, this seaman was engaged in the port of baltimore, and so far was the vessel from a want of seamen, that we find the master actually refusing recruits when offered by strike to be put on board his vessel. ..... but as to the liability of the lading found on board at the time of the seizure to forfeiture under the act, that consequence is made to depend upon the liability of the vessel herself to condemnation, and although this court is not page 22 u. ..... causes of forfeiture alleged in the libels comprise all those contained in the 1st section of the act of 1794 and those of the 2d section of the act of 1818 with the exception of the offense of being laden for the prohibited trade. ..... spanish masters, in common with all others, may commit infractions of the act of 1818 within the ports of the united states, and it is easy to conceive that engaging a crew, as well as many other acts of preparation for this trade, may be committed by a vessel coming lawfully into the ports of this ..... are thus precluded by their own act from denying her foreign character. .....

Gibbons Vs. Ogden

Court : US Supreme Court

..... by a preamble entirely explicit to this point: "whereas, the relative situation of the united states has been found, on trial, to require uniformity in their commercial regulations as the only effectual policy for obtaining, in the ports of foreign nations, a stipulation of privileges reciprocal to those enjoyed by the subjects of such nations in the ports of the united states, for preventing animosities, which cannot fail to arise among the several states, from the interference of partial ..... all the endless variety of branches of foreign commerce now carried on to every quarter of the world, i know of no one that is permitted by act of congress any otherwise than by not being ..... been said that the act of august 7, 1789, acknowledges a concurrent power in the states to regulate the conduct of pilots, and hence is inferred an admission of their concurrent right with congress to regulate commerce with foreign nations and amongst the states ..... these acts were cited at the bar for the purpose of showing an opinion in congress that the states possess, concurrently with the legislature of the union, the power to regulate commerce with foreign nations and among ..... they act upon the subject before it becomes an article of foreign commerce or of commerce among the states, and prepare it for ..... register equally entitles vessels to carry on the coasting trade, although it does not exempt them from the forms of foreign commerce or from compliance with the 16th and 17th sections of the enrolling act. .....

The Plattsburgh

Court : US Supreme Court

..... 11, the forfeiture attaches where the original voyage is commenced in the united states, whether the vessel belong to citizens or foreigners, and whether the act is done suo jure or by an agent for the benefit of another person who is not a citizen or resident of ..... 143 be carried on by americans under the disguise of foreign flags, and it is notorious that in the colonial ports of spain there is little difficulty in procuring all the apparatus for the use of ..... necessary, to incur the forfeiture under the slave trade acts, that the equipments for the voyage should be completed. ..... ) 133 syllabus a question of fact under the slave trade acts as to a vessel claimed by a spanish subject, as having been engaged in the trade under the laws of his own country, but proved to have been originally equipped in the united states for the ..... 136 in the ship's papers, since, by the act of congress, unless registered anew upon such sale, the vessel forfeits ..... vessel within any port of the united states, nor cause any vessel to sail from any port within the same, for the purpose of carrying on any trade or traffic in slaves to any foreign country, &c. ..... the almost necessary -- inference from those circumstances is that they belong to a meditated infringement of the acts prohibiting the slave trade. ..... of the equipment and voyage from baltimore was for the purpose of carrying on the african slave trade, the forfeiture equally attaches whether the schooner was then owned by american citizens or by a foreigner. .....

Cherokee Nation Vs. Georgia

Court : US Supreme Court

..... proceed to the consideration of the proceedings of the old congress, from the commencement of the revolution up to the adoption of the constitution, so as to ascertain whether the indians were considered and treated with as tribes of savages, or independent nations, foreign states on an equality with any other foreign state or nation, and whether indian affairs were viewed as those of foreign nations, and, in connection with this view, refer to the acts of the federal government on the same subject. ..... 40 within their respective limits, subject only to indian occupancy, not as foreign states or nations, but as dependent on and appendant to the state governments; that, before the convention acted, congress had erected a government in the northwestern territory containing numerous and powerful nations or tribes of indians whose jurisdiction was continued and whose sovereignty was overturned, if it ever existed, except by permission of the states or congress, by ..... to prevent the execution of certain acts of the legislature of the state of georgia in the territory of the cherokee nation, on behalf of the cherokee nation, they claiming to proceed in the supreme court of the united states as a foreign state against the state of georgia under the provision of the constitution of the united states which gives to the court jurisdiction in controversies in which a state of the united states or the citizens thereof, and a foreign state, citizens, or subjects thereof are .....