Court : Guwahati
..... , in any view of the matter, the compromise decree in question is unlawful and is null and void under sections 4 and 12 of the pensions act, 1871. ..... drawing my attention to section 4 of the pension act, 1871, the learned counsel contends that the suit upon which the compromise decree in question was recorded was instituted in contravention of this provision since the requisite certificate was never obtained by the respondent ..... this stage, i may also incidentally take note that the provisions of pensions act, 1871 are applicable to the personnel of the armed forces. ..... in anticipation of pension, to be void--all assignments, agreements, orders, sales and securities of every kind made by the person entitled to any pension, pay or allowance mentioned in section 11, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void.13. ..... , the petitioner is not estopped from questioning the legality of the compromise decree in this proceeding and from claiming the family pension, etc. ..... payment of said family pension etc. ..... is an application under article 226 of the constitution of india filed by the petitioner for directing the union of india and other authorities to release to her the family pension etc. ..... assignments, etc ..... the nominee of the deceased, the petitioner was already paid some benefits in respect of the army central welfare fund and national defence fund, etc. .....
Tag this Judgment!Court : US Supreme Court
..... the principle, therefore, is, that every act of a public evil example, and against good morals, is an offence indictable by the common law; and this principle affects the killing a horse, as much, at least, as the burning an empty barn. .....
Tag this Judgment!Court : US Supreme Court
..... of new york (consisting of jay, chief justice, cushing justice, and duane, district judge) proceeded on 5 april, 1791, to take into consideration the act of congress entitled "an act to provide for the settlement of the claims of widows, and orphans barred by the limitations heretofore established, and to regulate the claims to invalid pensions," and was thereupon unanimously of opinion and agreed "that by the constitution of the united states, the government thereof is divided into three distinct ..... " "that neither the legislative nor the executive branches can constitutionally assign to the judicial any duties but such as are properly judicial and to be performed in a judicial manner ..... " "that the duties assigned to the circuit courts by this act are not of that description, and that the act itself does not appear to contemplate them as such, inasmuch as it subjects the decisions of these courts, made pursuant to those duties, first to the consideration and suspension of the secretary at war and then to the revision of the ..... " "as, therefore, the business assigned to this court by the act is not judicial nor directed to be performed judicially, the act can only be considered as appointing commissioners for the purposes mentioned in it by official instead of personal ..... "that as the legislature has a right to extend the session of this court for any term which it may think proper by law to assign, the term of five days, as directed by this act, ought to be punctually observed. .....
Tag this Judgment!Court : US Supreme Court
..... without the territorial limits 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 other tribunal or tribunals, court, or ..... and goods may in time 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, officers, and crews, are not ..... to answer for any capture or 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 and ought not to entertain jurisdiction ..... cause to be issued process for seizing the said vessel, called the cassius, with her tackle, apparel, and furniture, and for arresting the body of the said samuel davis so that he be, and appear," etc. .....
Tag this Judgment!Court : US Supreme Court
..... the legislature of connecticut, on the 2d thursday of may, 1795, passed a resolution or law which, for the reasons assigned, set aside a decree of the court of probate for harford on 21 march 1793, which decree disapproved of the will of normand morrison (the grandson) made 21 august, 1779, and refused to record the said will, and ..... shall not pass any ex post facto law, or, in other words, they shall not inflict a punishment for any act, which was innocent at the time it was committed, nor increase the degree of punishment previously denounced for any specific ..... it is true that some speculative jurists have held that a legislative act against natural justice must in itself be void, but i cannot think that under such a government any court of justice would possess a power to declare ..... us for a moment suppose, that the resolution granting a new trial was a legislative act, it will by no means follow that it is an act affected by the constitutional prohibition that "no state shall pass any ex post facto law. ..... 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 section 10 lays several restrictions on the authority of the legislatures of the several states, and among them "that no state shall pass any ex post ..... argued by the counsel for the plaintiffs in error that the legislature of connecticut had no constitutional power to make the resolution (or law) in question granting a new hearing, etc. .....
Tag this Judgment!Court : US Supreme Court
..... " it has been insisted at the bar, that, as the original grant of jurisdiction to the supreme and inferior courts is general, and the clause assigning original jurisdiction to the supreme court contains no negative or restrictive words, the power remains to the legislature to assign original jurisdiction to that court in other cases than those specified in the article which has been recited, provided those cases belong to the judicial power of ..... the distinction between the appointment and the commission will be rendered more apparent by adverting to that provision in the second section of the second article of the constitution which authorises congress "to vest by law the appointment of such inferior officers as they think proper in the president alone, in the courts of law, or in the heads of departments;" ..... circuits, was repealed, and a different system was established; but the question whether those persons who had been reported by the judges, as commissioners, were entitled, in consequence of that report, to be placed on the pension list was a legal question, properly determinable in the courts, although the act of placing such persons on the list was to be performed by the head of a department. ..... phraseology of the constitution of the united states confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument. .....
Tag this Judgment!Court : US Supreme Court
..... the subsequent statute of this state, declaring aliens incapable of purchasing or holding lands in this state, does not affect the plaintiff's title, otherwise than by recognizing and enforcing it, for it hath a proviso that "the act shall not be construed to work a "forfeiture of any lands, which belonged to any subjects of the king of "great britain before the late war, or to prevent proprietors of such "lands, from selling and ..... subjects who then held lands in the united states, were, so far as regarded such lands, not to be considered as aliens; but they, their heirs and assigns, were permitted to hold, enjoy and dispose of the same, in like manner as if they were natives. ..... -and both this ordinance and this section of the act, contained in them nothing more than the principle acted on throughout the war, that americans could at no period legally act against this country, but were bound to take its part from ..... lands till they first get possession of them; for all sales of land in this state, whereof the grantor is dispossessed, except to the person in possession, are, by express statute, void: so that the plaintiff is not barred of her title, or right of action, either at common law or by statute. ..... before and since the death of rebecca coxe, he has received a pension from the king of great britain, in consideration of his loyalty and attachment to the british king and government, and of ..... he has been pensioned not only for his loses, but for his loyalty and ..... receiving pensions and .....
Tag this Judgment!Court : US Supreme Court
..... were transshipped from a small sloop called the mayflower into the schooner paulina without the intervention of any other watercraft or of any intermediate landing, with intent to be transported without the united states contrary to the 3d section of the "act of congress entitled 'an act supplementary to the act entitled an act laying an embargo on all ships and vessels in the ports and harbors of the united states,' passed on 9 january, 1808, whereby the said cargo is forfeited," &c. ..... district of newport between 1 june and the last of july in the year 1808, in the night season, without a permit from the collector and without the inspection of the proper revenue officers, and contrary to the 2d section of the "act of congress entitled 'an act in addition to the act entitled an act laying an embargo on all ships and vessels in the ports and harbors of the united states, and the several ..... justice, delivered the opinion of the court as follows: the libel in this case, as amended in the circuit court for the district of rhode island, claims the schooner paulina and her cargo as forfeited under the 3d section of the act supplementary to the act laying an embargo, and under the 2d section of the act in addition to the original embargo act and its several supplements, and under the 50th section of the act regulating the collection of duties on imposts and tonnage. .....
Tag this Judgment!Court : US Supreme Court
..... that a robbery committed on the high seas, although such robbery, if committed on land, would not, by the laws of the united states, be punishable with death, is piracy under the eighth section of an act entitled "an act for the punishment of certain crimes against the united states," and that the circuit courts of the united states have jurisdiction thereof. ..... such acknowledgement, or by publicly receiving and acknowledging an ambassador or other public minister from such colony, district, or people, and whether such acknowledgement can be proved by mere inference from the private acts or private instructions of the executive of the united states when no public acknowledgement has ever been made, and whether the courts of the united states are bound judicially to take notice of the ..... death independently of the circumstance of those offenses being so made punishable when committed on land, they would have omitted those specified crimes altogether from this section, and have enacted generally that all crimes made punishable with death on land should be punishable with death if committed on the seas, without enumerating murder and robbery. ..... sovereignty not on board of any ship or vessel belonging to any citizen or citizens of the united stated be a robbery or piracy within the true intent and meaning of the said eighth section of the act of congress aforesaid, and of which the circuit court of the united states hath cognizance to hear, try, determine, and punish the same? ..... assigned. .....
Tag this Judgment!Court : US Supreme Court
..... to have been an ex parte proceeding, and if all the injuries which they describe existed, as they no doubt did, it is not certain whether they were produced by the gale spoken of, or by any other accident at sea, or by the act of the master himself, and at any rate their recommending repairs before she went to sea again was very natural, the vessel being then in port; but is no proof at all that she might not as well ..... on board, at the island of jamaica, with the knowledge of the master, 51 punisheons of rum, 23 barrels of limes, and 20 barrels of pimento with intention to import the same into the united states contrary to the provisions of an act of congress interdicting commercial intercourse between great britain and the united states, page 16 u. s. ..... been said in argument that the intention of the master's coming to the united states was altogether contingent, and depended on a repeal of the nonintercourse act, and that he accordingly did not mean to come in if that act were still in force. ..... with which it was laden on board becomes immaterial as to the cargo except so far as it might operate to cast a shade of suspicion over the act of coming into port. ..... when an act takes place which in itself and unexplained is a violation of law, and the inducements to such infraction are great, it will not be thought unreasonable in a court to expect from a party who seeks relief against its ..... from the circuit court for the southern district of new york libel under the nonimportation acts. .....
Tag this Judgment!