Court : US Supreme Court
..... the plaintiff produced the proprietary's warrants to make a survey of the lands in question, for a person under whom he now claimed, without showing any actual survey, but only a paper in the nature of a certificate from a former surveyor general, stating that such survey ..... it was objected, that the probate of a will is no evidence as to lands; but it was answered, that by an act of assembly passed in 1705, it is made evidence here; and the court allowed the probate to be read; though excepted to, and admitted in the ..... the plaintiff, in order to show that the persons under whom he claimed were original purchasers from william penn, the proprietary, offered in evidence a paper from the proprietary's, (or rather surveyor general's) office, containing the list of names of such persons as were original purchasers; and therein were the names of those from whom the ..... 64, 67 it was said in the course of this cause, that no act of parliament made in england, previous to the settlement of the province of pennsylvania, shall extend to the province, unless directed to be so extended either by acts of assembly, adjudications of courts, or established usage; and, therefore, the statute 32. h. ..... 's council answered, that they undertook to prove, that the defendant is no more than a lessee from the heirs of pemberton; and the possession of the lessee, is the possession of the person entitled to the reversion. ..... the spirit of the act of assembly passed in 1718 supports the ..... an act of assembly 1 .....
Tag this Judgment!Court : US Supreme Court
..... 95, 108 before the said judge, by witnesses, according to the course of the civil law;' and 'that the captain or commander of any ship or vessel of war, or prize-master, or other person, having charge of any capture or re-capture, or other property seized upon the water as aforesaid, who shall conduct or bring the same into port, shall immediately deliver the same, without diminution, to the ..... and sur-name of the master, the place she last sailed from, the port for which destined, and in case of a re-capture, by what ship or vessel taken, to the end that all persons concerned may appear and show cause, if any there be, wherefore such capture, or recapture, goods, merchandize, or other property, should not be condemned and adjudged to the libellants. ..... ' the reasonable and legal meaning of the 3rd, 4th and 6th sections of the law under which he acts, is, that in trying a cause of prize, the vessel or goods taken, must be within his jurisdiction, ..... that all vessels and goods belonging to inhabitants of great britain, taken on the high seas, by armed vessels of private persons, and commissioned, being libelled and prosecuted in any court erected for trial of maritime affairs in any of the colonies, shall be deemed and adjudged ..... of september, 1779, congress resolved, 'that in consideration of the distinguished merit of colonel silas talbot, a commission of captain in the navy be given him, and that the marine committee be directed to provide a proper vessel for him as soon as possible. .....
Tag this Judgment!Court : US Supreme Court
..... lewis said, that although he was concerned in that cause with the gentleman who cited it (mr sergeant) yet he could not remember that any such point had been adjudged, and contended that the act of assembly gave no such authority, and that no instance of such an attachment had ever been known in our practice. ..... the act of assembly giving references by rule of court in actions depending, puts the report of referrees on the same footing precisely with the verdict of a jury. .....
Tag this Judgment!Court : US Supreme Court
..... enacted a law declaring that all the estate, real and personal, of any person or persons who had joined the enemies of the united states, or had assisted them, or should thereafter do so, should be confiscated; and that, with respect to those persons who had been inhabitants of the state (the last section of the act providing for the case of persons who had never been inhabitants) the county court upon application was ..... ; in bar of which lockwood pleaded, that the confiscation, by virtue of the act of connecticut, had devested the plaintiff's property in the debt, if any was due, and vested the same in the state: and to the efficacy of this plea the present argument was confined, upon a demurrer and joinder in demurrer. ..... for forfeited estates passing from one state into another; but, on the contrary, acts of attainder have always been passed against the same person in the several states where his property was found; which would not, surely, have been necessary, if, either on general law, or under the articles of confederation, the act of one state, appropriating private property to its own use, had any effect beyond ..... the offence, which incurred the forfeiture, was not an offence against the state of connecticut alone, but against all the states in the union: and the act, which directed the forfeiture, was made in consequence of the recommendation of congress, composed of the representatives of all the states, and was a case within the general powers vested in them as conductors of .....
Tag this Judgment!Court : US Supreme Court
..... . i will only add on this objection, that the legislature probably introduced the proviso in the third section (with, i presume, a view particularly to foreigners) in order to evince, that it was not intended to abrogate all former contracts and obligations: and, as it is only the debt of the petitioning creditor that must be subsequent to the passing of the act ( for, the commission having issued, all debts prior, as well as subsequent, are included) no great mischief can ensue ..... . on the 25th of june following, a third assignment was executed by meng, goodwin, and cummings, of all the real and personal estate of the partners to trustees, for the same use; at which time the defendants were indebted to the plaintiff ( among others) and to messrs ..... . when the bond was given by the defendants to rose and dickens, no act of bankruptcy had been committed; no dividend was to be claimed; no persons, but the parties themselves, were interested; and, as nothing appears to preclude the idea that this was a voluntary exchange of securities, certain it is, that after the acceptance of the bond, rose and dickens could never ..... this is an action brought by samuel pleasants against john meng, and three other persons, in which the defendants have pleaded, that they are certificated bankrupts, and the plaintiff has replied, that the certificates were unfairly obtained. .....
Tag this Judgment!Court : US Supreme Court
..... wills in england might be revoked by any express words, without writing; and so it was in pennsylvania, until altered by positive law; but in england, since that statute, and in pennsylvania, since the act of assembly, of the 4th of anne, 'concerning the probates of written and noncupative wills, and for confirming devises of lands,' wills of lands must be revoked by writing, accompanied with solemnities similar to those necessary for ..... latter wills of lands, or a writing, revoking a former will, must be proved by two or more credible witnesses; and no testament, or will in writing, for personal estate, can be revoked by words, except the same be committed to writing and read to the testator, is allowed by him, and proved by two witnesses at least ..... is no proof that the latter will disposed of the personal estate differently, but only that it increased the legacies ..... other hand, it does not appear what became of the will of 1779, after it was sent and delivered to the testatrix, whether it was destroyed by her, or any other person, but it cannot be found. ..... shew that she never meant to give to him the whole; namely, that james lawson had arrived in cumberland county before the making of the latest will, and yet she therein bequeathed to other persons, legacies to a considerable amount. ..... no other person was interested in its destruction, from any thing i can discover, except the appellant, or his brothers, who were not in america; and charity will induce a presumption, that she herself .....
Tag this Judgment!Court : US Supreme Court
..... ' from the foregoing it appears, that a distinction has been made, as to the time when the half pay should commence, between the officers of the army in the line of this state, and those of the state-navy; the half pay of the former is confined to such of them as should continue in the service of the united states during the war, and was to commence at the conclusion of the war; but that of the latter was to ..... january term, and a verdict taken for the plaintiff, for l 298 8 1; to wit, l 41 8 1, for an uniform suit of clothes, which he claimed as a grant in 1779, from the state; and l 257 for half pay as a captain in the state-navy, from february the 13th, 1781, until july the 1st, 1783, together with interest from the said 1st of july; subject to the opinion of the court on two questions stated. ..... was to place them on a footing with the officers of the army, that the officers of the navy of this state, entitled to half pay for life, under the resolutions of the 24th of march, 1779, and confirmed by act of assembly, passed the 1st of march 1780, be allowed five years full pay in lieu thereof, to be paid at the same time, and in the same manner, that the officers of the army, in the line of this state, ..... in the 15th section it is enacted; 'that the officers, &c. ..... afterwards, by an act of assembly, a complete suit of uniform ( the particulars of which are specified in the 8th section) was allowed to be given annually to each officer gratis, during the war. .....
Tag this Judgment!Court : US Supreme Court
..... of judicature so many good and lawful men as the said judge shall order, not less than twelve nor exceeding twenty-four, and the constable or constables shall, as soon as may be, give any person or persons so drawn to serve on the jury in said court due notice thereof, and shall make due return of his doings therein to the said judge, at or before the day set and appointed for ..... any troops, arms, ammunition, clothing, provisions, military or naval stores of what kind soever, and all vessels to whomsoever belonging, that shall be employed in carrying provisions or other necessaries to the british army or armies or navy that now are or shall hereafter be within any of the united colonies, or any goods, wares, or merchandise for the use of such fleet or army shall be liable to seizure, and with their cargoes shall be confiscated." ..... any law is passed in any state in pursuance of constitutional authority, it is a law of the whole state acting in its legislative capacity, as are also executive and judiciary acts constitutionally authorized, acts of the whole state in its executive or judiciary capacity, and not the personal acts alone of the individuals, composing those branches of government. ..... court, i believe, it is the constant practice to modify a decree upon an appeal as the justice of the case requires, and in this instance it appears to me, under the 24th section of the judicial act, we are to render such a decree as in our opinion the district court ought to have rendered. .....
Tag this Judgment!Court : US Supreme Court
..... and jurisdiction of the united states and brought within the dominions and jurisdiction of the said republic for legal adjudication by vessels of war belonging to the sovereignty of the said republic, acting under the authority of the same, and of all questions incidental thereto, does of right and exclusively belong to the tribunals and judiciary establishments of the said republic and to no ..... of war arrest and seize the vessels belonging to the subjects or citizens of neutral nations and bring them into the ports of the sovereign under whose commission and authority they act, there to answer for any breaches of the laws of nations, concerning the navigation of neutral vessels in time of war, and the said vessels of war, their commanders, ..... captures, seizure, or seizures made on the high seas and brought for legal adjudication into the ports of the french republic by the said vessels of war while belonging to and acting under the authority and in the immediate service of the said republic;" "and whereas, by the laws and treaties aforesaid, the district courts of the united states have not ..... davis, was and now is a lieutenant of ships in the navy of the said french republic, and commander of a corvette or vessel of war called the cassius, then and now the property of the said republic ..... davis, was and now is a lieutenant of ships in the navy of the said french republic and commander of a certain corvette or vessel of war called the cassius, then and now the property of the said .....
Tag this Judgment!Court : US Supreme Court
..... plaintiffs below, and hugh hill and others, jointly; by which evidence, if any contract was proved in the case, it was a contract between the said bingham with the plaintiffs and diverse other persons jointly, who are not plaintiffs, or mentioned in the writ, and who are now alive within the united states. ..... dated at martinique, 6 october, 1779, and addressed to the commercial committee of congress, remonstrated against the proceeding, as he had acted bona fide, in his official character, and congress passed the following resolutions upon the subject: "november 30, 1779. ..... bingham should have an opportunity to show that he had acted throughout the business as the public agent of the united ..... a certificate of the governor of the island of martinique, acting within his legitimate authority in reference to a matter in the ..... island, possessing a high executive and superintending control, and we must presume that he acted on this occasion with legitimate authority. ..... " "resolved that the navy council at boston be directed to give such security, in the name of the united states, as the court may require, and to direct the ..... bingham, in receiving the same, only acted in obedience to the commands of the general of martinique, and in conformity with his duty as ..... the resolutions of congress on the subject, and certified copies of the same from the office of the secretary of state, are evidence in a suit against the agent instituted by individuals claiming damages for acts done as a public agent. .....
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