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The Collector of Thana Vs. Bal Patel

Court : Mumbai

Reported in : (1878)ILR2Bom110

..... and the act does not vest the right of sanctioning such a diversion of the village grazing ground in the villagers themselves, but in the revenue commissioner, whose assent it is not pretended has been obtained by the plaintiff. ..... bombay act i of 1865, section 32, enacts that the land, thereby authorized to be set apart for 'free pasturage for the village cattle' and for certain other purposes therein specified, 'shall not be otherwise appropriated or assigned without .....

Walji Karimji Vs. Jaganath Premji Et Ux

Court : Mumbai

Reported in : (1878)ILR2Bom84

..... as if they were one law, and interpreted as consistently as harmoniously as their language will fairly admit,-a rule which the indian legislature had vividly in its mind when enacting act xxvi of 1864, the last (16th) section of which expressly directs that 'this act and the said act ix of 1850 shall be read and construed as one act, as if the several provisions in the said act contained, not inconsistent with the provisions of this act, were repealed and re-enacted in this ..... but the mention of property in that section, and the special jurisdiction over houses, lands, and tenements in the case of tenants and occupiers in section 91 of the same act, fix upon the word 'demands,' used in the title of that act (and, in referring to it, repeated in the preamble of act xxvi of 1864), a meaning which includes demands for property moveable and immoveable; and the mere circumstance that the words 'value of the property in dispute' are omitted ..... in section 2 of act xxvi of 1864, would not justify us in giving to the word 'demand,' which has been substituted for them, a more limited construction than the same word in the plural certainly bore in the title of act ix of 1850, and was, as we have pointed out, placed upon it by sir lawrence peel and his colleagues in 1852 .....

Nowlaooma Vs. Bala Dhurmaji

Court : Mumbai

Reported in : (1878)ILR2Bom91

..... but the learned chief judge of the court of small causes has held that, having regard to the fact that this suit is brought under section 91 of act ix of 1850, and to the nature of the defence set up, whereby the defendant disputes the plaintiff's title on the grounds already stated, the court of small causes had not jurisdiction to try the suit, ..... to bear in mind, in considering the meaning of this clause, that the court for trial of small causes is directed to act on the same substantive law on which this court proceeds: the procedure is different, but both courts are subject to the same ..... to be permitted to treat the case as if the summons had been sued out under section 25 of that act, and to proceed with the case, although the defendant may claim against him the fee adversely. ..... person responsible for the mistaken form in which the summons has been issued, it would, we think, be fair to permit the plaintiff to amend his summons so as to render it conformable with a claim under section 25 of act xxvi of 1864, provided the court be satisfied that the room sued for does not exceed rs. ..... in value the court of small causes may, under the 25th section of act ix of 1850, combined with section 2 of act xxvi of 1864, hear such legal or equitable defence as the defendant may ..... peel in that passage to mean that if the plaintiff has sued out his summons under the 91st and following sections of act ix of 1850, he ought not, in the event of its appearing, that the property does not exceed rs. .....

In Re: Petition of Eatansi Kalianji and Six ors.

Court : Mumbai

Reported in : (1878)ILR2Bom148

..... code came into force--the facility of reconciling its third section with the 6th section of the general clauses act, which protects things done and proceedings commenced under repealed acts, and thus directly controls the provision in the new code whereby the old code is repealed--are circumstances which, taken together, completely repel and exclude the application to section 342 of the new code ..... proviso? the question raised is one of great importance affecting not merely the greater or less maximum length of the custody of all civil prisoners committed under the repealed acts before the 1st october 1877, but, in many important respects, the validity and effect of executions and other proceedings posterior to decree ordered prior to the ..... the new civil procedure code operated to effect, as on the 1st october instant, a legislative general gaol delivery throughout british india of all civil prisoners in custody under process issued by virtue of the acts repealed by section 3 of the new code, in cases where such prisoners had on the said 1st october been in custody for six months or ..... of the high court issued in the usual form for non-payment of money under the provisions of the recently repealed code of civil procedure (act viii of 1859), and as he has now been in custody for a period of nearly twelve months, he claims the benefit of sections 341 and 342 of 'the code of civil procedure,' act x of 1877, (which came into force on the 1st day of october 1877), the latter of which .....

Sinking Fund Cases

Court : US Supreme Court

..... the contrary, the state, by implication at least, has given its assent to what was done, for in 1864 it passed "an act to aid in carrying out the provisions of the pacific railroad and telegraph act of congress," and thereby confirmed and vested in the company "all the rights, privileges, franchises, power, and authority conferred upon, granted to, or vested in said company by said act of congress," and repealed "all laws or parts of laws inconsistent or in conflict with . . . ..... if this limitation be admitted, it is impossible to see how a reserved power to alter, amend, or repeal an act granting a private charter can include a right to change the stipulations of a contract made under that charter, or to sequester for purpose the property of the company acquired while the charter remains unrepealed and ..... of the clause, operating as it did to deprive the states of nearly all legislative control over corporations of their own creation, the courts have given liberal construction to the reservation of power to alter, amend, and repeal a charter; and have sustained some acts of legislation made under such a reservation which are at least questionable. ..... that nothing in this act shall be construed or taken in any wise to affect or impair the right of congress at any time hereafter further to alter, amend, or repeal the said acts hereinbefore mentioned; and this act shall be subject to alteration, amendment, or repeal, as, in the opinion of congress, justice or the public welfare .....

Railroad Companies Vs. Gaines

Court : US Supreme Court

..... the court below decided that both its capital stock and its tangible property were exempt from taxation until april 22, 1886, and as that relieved the company from taxation under the act of 1875, as amended, until after the year 1886, and the defendants in the suit were only proceeding to make an assessment for the years 1875, 1876, 1877, and ..... and the property of the company were, by the charter, exempt from all taxation until march 28, 1877; that after that date, the property of the company was taxable under the act of 1875, as amended; and that, in settlement of the taxes to be levied for the years 1877 and 1878, the company was entitled to an allowance for the sums paid in ..... declared by the supreme court of the state to be unconstitutional, it was repealed by au amendment, passed in 1877, which required such companies as had accepted and complied with its provisions to be assessed anew under the other sections of the act of 1815, credit to be given for sums paid by them and any ..... it furthermore erred in holding that the repealing act of march 20, 1877, was constitutional and valid, and not violative of ..... 11 of the act of 1875 was repealed and the railroad tax assessors were required to assess all railroads in the state for the years 1877 and 1878, under the first ten sections of the act of 1875, and where any railroads had not been assessed under such sections "by reason of having accepted and complied with the provisions of the eleventh section of said act, or for any other .....

Ford Vs. Surget

Court : US Supreme Court

..... all its departments -- legislative, executive, and judicial; that they had raised and organized an army and created a navy, elected a congress, and published a legislative act declaring that war existed between the united states and the confederate states, and providing measures for its vigorous prosecution; that they were carrying on hostilities at the time the ..... their judgment the same should be about to fall into their hands; that afterwards, on the 2d of may, 1862, general beauregard, commanding the confederate forces, in obedience to that act, made and issued a general ordered, directed to officers under his command in the state of mississippi and in the service of the confederate states to burn all cotton along the mississippi river ..... whereby the territory, property, and inhabitants of that state were held in subjection to and under the control of the confederate states; that on the 6th of march, 1862, and by an act on that day approved and promulgated by the confederate congress, it was declared to be the duty of all military commanders in the service of the confederate state to destroy all cotton, tobacco, ..... commanders in their service to destroy all cotton whenever, in their judgment, the same should be about to fall into the hands of the united states; that in obedience to that act, the commander of their forces in mississippi issued an order, directed to his subordinate officers in that state, to burn all cotton along the mississippi river likely to fall into the hands .....

Pence Vs. Langdon

Court : US Supreme Court

..... their meaning and purpose, and in the light shed upon this question of fact by these letters and telegrams, and by the history of the whole transaction, you must determine whether the defendant did undertake to act as the plaintiff's agent for the purchase of the stock from others. ..... the court submitted to the jury to determine whether from certain letters and telegrams, when considered in connection with the other evidence in the case, the defendant undertook to act as the agent of the plaintiff in the purchase of stock from other parties. ..... it does not lie in his month to complain of delay unaccompanied by acts of ownership, and by page 99 u. s. ..... when fully advised, he must decide and act with reasonable dispatch. ..... see "an act for the better observance of the lord's day," of nov. ..... the jury found, and the letters clearly showed, that he did undertake so to act. .....

Ram Chunder Ghosaul Vs. Juggutmenmohiney Dabee

Court : Kolkata

Reported in : (1879)ILR4Cal283

..... under the limitation act of 1859, the plaintiff's remedies upon the mortgage were not only barred, but the debt itself extinguished; and therefore that, although the act of 1871 may have repealed the act of 1859, and may have given mortgagees sixty years instead of twelve to bring their suits, that act would not in this case revive the plaintiff's rights, in as much as the act of 1859 had not ..... the creditor has always been considered to have a lien for his debt, where the remedy for it by suit is barred, and the 60th section of the contract act, which allows payments to be appropriated to the payment of debts barred by limitation, is perfectly inconsistent with the supposition that the debt itself is extinguished by lapse of ..... any part-payment could be proved, the presumption that would arise from lapse of time (which is the principle upon which all limitation acts are founded) would not arise, or at any rate it would not be nearly so strong as in a case where no part- ..... hand, 1st, that the mortgage-debt became payable at once; 2nd, that the debt became not only barred, but extinguished by force of the limitation act of 1859, and was not revived upon the repeal of that act by the act of 1871.11. ..... , and that no demand was made until the 13th of september 1876; and 2nd, that if the money were, by the terms of the bond, payable in praesenti, the limitation act applicable to the case would be the act of 1871, which allows a mortgagee sixty years within which to sue for foreclosure.10. .....

United States Vs. Lawson

Court : US Supreme Court

..... it is not even suggested that the acts of congress allowing fees, percentages, and commissions are repealed, and, if not, it may well be that such allowances were intended, as heretofore, to supplement the small salaries prescribed in cases like the ..... appears that the district in which the petitioner is collector was formed out of a part of a district created by the original collection act, and that it was continued as such until the passage of the act abolishing it, and that the act creating the new district provided that the collector of the page 101 u. s. ..... annum; that on the 18th of july subsequent to his appointment, the commissioner of customs wrote him, acknowledging the letter of the petitioner of a prior date, and stated that the $1,200 salary given him by the act creating his district constituted his entire compensation, and that he was required to account for all fees. ..... of the facts are stated in the findings of the court, and they also find that the petitioner, under the acts of congress, collected tonnage taxes to the amount of $11,839.23, and that he paid the same to the government. ..... had he refused to comply with the order or entered a protest, his act might have been regarded as contumacious, and have proved as injurious in its consequences to the incumbent of the office as if he had declined to discharge the ordinary duties of the ..... provision was made by the second section of the compensation act, that collectors might demand and receive the fees therein prescribed .....