Court : US Supreme Court
..... course of his learned and elaborate opinion, he said: "the english legislature has thought it expedient that only certain persons, under certain restrictions, shall be allowed to act as pilots in british waters; and that it shall be compulsory upon all masters of ships to place the navigation of their vessel under the control of one of ..... mere right of choice is, indeed, one, but not the only reason why the law in general makes the master responsible for the acts of his servant -- and in many cases where the responsibility is allowed to exist, the servant may not in fact be the ..... that if she had been under way and the pilot had been taken under the liverpool act, there would have been no such compulsion as upon general principles would have exonerated the vessel ..... case, [ footnote 3 ] it was held by the court of exchequer that the case was to be determined under the liverpool pilot act, and that the statute containing the clause of exemption did not apply; that, the vessel being at anchor, it was optional with the master to take a pilot or not, ..... york, it may be observed -- differing from certain acts of great britain, known as the "general pilot acts," though agreeing with others, sometimes called local pilot acts, to-wit, the liverpool pilot act and the newcastle pilot act, and also in its main features with a pennsylvania pilot act (though this inflicts no penalty of imprisonment, and provides only for a money fine of half pilotage, in case of refusal) -- does not contain any .....
Tag this Judgment!Court : US Supreme Court
..... which makes united states notes a legal tender for private debts nor whether, if constitutional, the provision is to be limited in its application to contracts made subsequent to the passage of the act, the court refused to decree a conveyance of real estate on the tender in such notes where the estate had greatly risen in value, where at the time of the contract gold and silver coin were ..... although the contract in this case was not completed until the proposition of the defendant was accepted in april, 1864, after the passage of the act of congress making notes of the united states a legal tender for private debts, yet as the proposition containing the terms of the contract was previously made, the contract itself must be construed as if it had ..... nothing further could have been reasonably required of him under the circumstances, even if we should assume that the act of congress, making the notes of the united states a legal tender, does not apply to debts created before its passage, or, if applicable to such debts, is to that extent unconstitutional ..... they were received and paid out by the government, and the validity of the act declaring them a legal tender had been sustained by nearly every state court before which the question ..... the answer concluded with an allegation, that "by the great national acts and events which had occurred when the complainant filed his bill, and which were still influencing all values and interests in the country, such a state of things bad arisen and .....
Tag this Judgment!Court : US Supreme Court
..... by which the facts in equity suits and in cases of admiralty and maritime jurisdiction should be ascertained and embodied in the record, and it was accordingly provided in the 19th section of the judiciary act that it should be the duty of the circuit courts in such cases to cause the facts on which they founded their sentence or decree fully to appear upon the record in someone of the modes ..... and, from thence, until the end of the next session of congress thereafter, it was suffered to expire, but it was renewed by the act of the 31st of march, 1796, and was continued in force two years longer, and to the end of the next session of congress. ..... viewed in the light of the repealing clause in that act, and the requirement that the transcript shall embrace the depositions as well as the pleadings and proceedings in the case, it is evident that congress intended ..... allowed to this court by the amendatory act in all such cases where the matter in dispute, exclusive of costs, exceeds the sum or value of $2,000, and so much of the 19th section of the judiciary act as provided for the finding of the facts in the circuit court, and so much of the 20th section of the same act as provided that such cases should be removed into this court by writs of error, are repealed. ..... under that act as if it was in force long after it had expired, but it never furnished any authority to charge counsel fees in the district courts; but if it did, and if it had not expired, it would be repealed by the present .....
Tag this Judgment!Court : US Supreme Court
..... legislation, however, did not stop there, but the sixty-eighth section of the act of the thirteenth of july, 1866, repealed the fiftieth section of the act of the thirtieth of june, 1864, altogether, subject to the proviso contained in the same repealing section, which enacts that any case removed, from a state court, into the circuit court, under the former regulations upon the subject, shall be remanded unless the justice of the circuit court ..... footnote 8 ] jurisdiction in such cases was conferred by an act of congress, and when that act of congress was repealed, the power to exercise such jurisdiction was withdrawn, and inasmuch as the repealing act contained no saving clause, all pending actions fell, as the jurisdiction depended entirely upon the act of congress. ..... since the passage of that act and the repeal of the fiftieth section of the prior act, the circuit courts have no jurisdiction of cases arising under the internal revenue laws to recover back duties illegally assessed and paid under protest unless the plaintiff and defendant therein are citizens of ..... shall be of the opinion that the same, if pending in the state court, might be removed into the circuit court under the new provision contained in the sixty-seventh section of that act. .....
Tag this Judgment!Court : US Supreme Court
..... the two are repugnant in any of their provisions, the latter act, without any repealing clause, operates to the extent of the repugnancy as a repeal of the first, and even where two acts are not in express terms repugnant, yet if the latter act covers the whole subject of the first and embraces new provisions plainly showing that it was intended as a substitute for the first act, it will operate as a repeal of that act. ..... the act of 1868 repealed in terms [ footnote 3 ] "all acts and parts of acts in consistent" with its own provisions, enacting, however, "that all the provisions of said act shall be in force for levying and collecting all taxes properly assessed, or liable to be assessed, or accruing under the provisions of former acts, the right to which has already accrued or which may hereafter accrue under said acts, and for maintaining, continuing, and enforcing liens, fines, penalties, and forfeitures, ..... 653 imposing taxes on distilled spirits and tobacco, did not repeal the proviso to the 25th section of the internal revenue act of march 2, 1867, which limits to twenty days the time for commencing proceedings to enforce ..... although a former statute is impliedly repealed by a subsequent one plainly repugnant to it or so far as the later statute's' making new provisions is plainly intended for a substitute for the earlier one, yet a repeal is not to be implied where the powers or directions under the later acts are such as may well subsist together with those under the .....
Tag this Judgment!Court : US Supreme Court
..... upon the stock of culver for his indebtedness to it, without any special agreement on the subject, by virtue of the provisions of the 36th section of the currency act of 1863, restricting a shareholder from transferring his stock as long as he owes the bank, which remained in operation, although the section was repealed by the act of 1864, by means of a bylaw adopted when the section was in force, declaring that the stock of the bank shall be transferable only on the books ..... by the section in the act of 1864, repealing the act of 1863, it is "provided that such repeal shall not affect any act done or proceedings had, or any organization, acts or proceedings of any association organized or in process of organization under the act aforesaid. ..... national banks as governed by the national currency act of june 3, 1864, which act repeals the national currency act of 1863, can make no valid loan or discount on the security of their own stock unless necessary to prevent loss on a debt previously contracted in good faith. 2. ..... the 12th section of the national currency act of june 3d, 1864, which expressly repealed this act of 1863, [ footnote 2 ] gives to the banks the right, either by laws or in their articles of association, to prescribe the manner in which stock shall be transferable on their books. ..... at the time this proceeding took place, the currency act of 1863 had been superseded by the act of june 3, 1864, which expressly repealed the former act. .....
Tag this Judgment!Court : US Supreme Court
..... corporate franchises of the two institutions were contracts of the description protected by that clause of the constitution which ordains that no state shall pass any law impairing the obligation of contracts, but the contract involved in such an act of incorporation is a contract between the state and the corporation, and as such the terms of the contract may, as a general rule, be altered, modified, or amended by the assent of the corporation, even though ..... . such a power also -- that is the power to alter, modify, or repeal an act of incorporation -- is frequently reserved to the state by a general law applicable to all acts of incorporation or to certain classes of the same, as the case may be, in which case it is equally clear that the power may be exercised whenever it appears that the act of incorporation is one which falls within the reservation and that the charter was granted subsequent to the passage of the general ..... petition of the trustees, the legislature passed an act which repealed that clause of the charter and provided that all the citizens residing within the limits of the township should be entitled to vote at all such elections, and the supreme court of the state held unanimously that the act of assembly was a valid act even though it was not accepted by the ..... the legislature, in granting an act of incorporation for a private purpose, either make the duration of the charter conditional or reserve to the state the power to alter, modify, or repeal the same at pleasure .....
Tag this Judgment!Court : US Supreme Court
..... rights acquired by a deed, will, or contract of marriage or other contract executed according to statutes subsequently repealed subsist afterwards as they were before, in all respects as if the statutes were still in full force. ..... in all of them, the property was lost to the owner by the paramount act of the state, which neither party anticipated, and in regard to which the contract was silent. ..... [ footnote 24 ] the doctrines of the repeal of statutes and the destruction of vested rights by implication are alike unfavored in the law. ..... " lord chief justice denman said: "my brother weightman asked during the argument what would have been the result if at the end of a year the services had been determined by the act of god, and to this no sufficient answer was given. . . . ..... that clauses in state constitutions, acts of state legislatures, and decisions of state courts warranted by the thirteenth and fourteenth amendments cannot be held void as in violation of the original constitution, which forbids the states to pass any law violating the obligation of contracts. ..... the seller is not bound to warrant the buyer against acts of mere force, violence, and casualties, nor against the act of the sovereign. ..... the power acts upon the property which is the subject of the contract, and not upon the contract itself. .....
Tag this Judgment!Court : US Supreme Court
..... could have been proved as the measure of his compensation, in the absence of any express contract, because the plaintiff had introduced in evidence a letter from the defendant in reference to this compensation, under which he said he had acted in taking the policies for which he now claimed the additional commission. ..... the company removed the case into the federal court, under the act of congress of 1866, and that of 1867 amendatory thereof. ..... to have admitted the usage offered in evidence in this case would have been to make a contract for the parties differing materially from the written one under which they had both acted for some time. .....
Tag this Judgment!Court : US Supreme Court
..... the fourth section provides that he shall cause to be published at the close of every session of congress copies of the acts of congress at large, including all amendments to the constitution adopted and all public treaties ratified since the last publication of ..... statute, so fraught with evil to the liberties of the subject, was repealed a few years later in the succeeding reign of edward vi, and during his ..... that a man should, on the 24th of june, perform an act lawful and commendable, that by an official declaration on the 27th this lawful act should be rendered unlawful at the time it was performed, and punishable, is in violation of every idea of constitutional law and of ..... he had not, on the 24th of june, exercised the last act of authority, nor did he exercise it until the 27th of that ..... an ex post facto law is one which imposes a punishment for an act which was not punishable at the time it was committed or which imposes additional punishment to ..... the court held that when the last act of authority on the part of the executive had been completed his power was at an end, and the right to the ..... it was signed by the president and the acting secretary of state, and deposited in the secretary ..... that the royal assent should be endorsed and that the act should take effect only from that time. ..... the third section of the documentary evidence act [ footnote 13 ] declares that the copy of a proclamation purporting to be printed by the queen's printer shall be sufficient proof of the existence .....
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