Court : US Supreme Court
..... the preamble of an act of parliament is said to be a key to the knowledge of it and to open the intent of the lawmakers, and so i say as to the title of a law of congress, which, being the deliberate act of those who make the law, is not less to be respected as an expression of their intention than if it preceded the enacting clause in ..... discover the design of the legislature, it seizes everything from which aid can be derived, and in such case the title claims a degree of notice and will have its due share of consideration. ..... to be legislated upon is sometimes stated in a preamble, sometimes in the title to the law, and is sometimes, i admit, misstated or not fully ..... a class of debtors would be introduced into the fifth section by the term "revenue officer," who are indeed within the title, but not within the preceding enacting clauses of the law. ..... 401 the object of this law, then, as declared by the title is to provide for the effectual settlement of debts due to the united states ..... but when the law professes in its title to relate to all accountable agents besides revenue officers, and the first section specifies, amongst these agents, "revenue officers," we have a rule by which to restrain the sweeping expressions in ..... for the defendants, a design so reasonable that it would naturally be attributed to the legislature, then the debtors for excise duties would be comprehended within it; yet those debtors cannot be brought within the title or the previous enacting clauses of the bill. .....
Tag this Judgment!Court : US Supreme Court
..... , called and now well known by the name of the manor of springetsbury; that sundry germans and other afterwards seated themselves by leave of the proprietor on divers parts of the said manor, but confirmation of their title was delayed on account of the indian claim; that on the 11th of october 1736, the indians released their claim, when (on the 30th of october 1736) a license was given to each settler (the whole ..... 's warrant then proceeded, that 'by virtue of the powers wherewith he is entrusted for the preservation of his majesty's peace in this province, and with a due respect and regard to the propietor's absolute title, and unquestionable rights, he directs and authorises, the persons named in the warrant, to cross and survey, mark and locate, 70,000 acres in the name and for the use of springet penn esq ..... the lessors of the plaintiffs, who most undoubtedly are entitled to all the rights of the proprietaries, are compelled to date their title, from this law; and therefore it is necessary for them to show, that the land in question, is part of a tract of land, called and known by the name of a proprietary- tenth or manor; which was duly ..... some of the persons, interested in the ejectments brought for lands in springetsbury manor, had purchased from the state; and as the state would be entitled to all arrears of purchase money, if the proprietary title should not be established; the legislature bad authorised the governor to employ counsel to assist the counsel of the defendants. .....
Tag this Judgment!Court : US Supreme Court
..... further enacted by the authority aforesaid, that no warrant or survey, to be issued or made in pursuance of this act, for lands lying north and west of the rivers ohio and alleghany and conewango creek, shall vest any title in or to the lands therein mentioned, unless the grantee has, prior to the date of such warrant, made, or caused to be made, or shall, within the space of two years next after the date of the same ..... as aforesaid, who has failed to make such settlement as the enacting clause of the said ninth section requires, and who is not within the benefit of the proviso, has thereby forfeited his right and title to the said land, until the commonwealth has taken advantage of the said forfeiture, so as to prevent the said grantee from recovering the possession of said land in ejectment, against a person who, ..... the said warrant, until the first day of january 1796, but who, during the said period, persisted in his endeavours to make such settlement and residence, vests any, and if any, what title in or to the said land, unless the said grantee shall after the said prevention ceases, commence, and within the space of two years thereafter clear, fence and cultivate, at least two acres ..... when this cause was tried before, the counsel for the defendant insisted, that the plaintiff's title was built upon a contract, which he had not complied with, that he was to make a settlement, such as the enacting clause of the 9th section requires, unless prevented from doing so, by the .....
Tag this Judgment!Court : US Supreme Court
..... the said warrant until 1 january, 1796, but who during the said period persisted in his endeavors to make such settlement and residence, vests any, and if any, what title in or to the said land, unless the said grantee shall, after the said prevention ceases, commence, and within the space of two years thereafter, clear, fence, ..... authority aforesaid that no warrant or survey to be issued or made in pursuance of this act for lands lying north and west of the rivers ohio and alleghany and conewango creek shall vest any title in or to the lands therein mentioned unless the grantee has, prior to the date of such warrant, made or caused to be made or shall, within the space of two years next after the ..... commenced, or if a suit is entered, a patent shall, at the determination of such suit, issue, in common form, to that party in whom the title is found by law, and in both cases the patent shall be and remain a full and perfect title to the lands against all parties and privies to the said caveat or suit, saving, nevertheless, to infants, femes coverts, persons beyond sea, non compos mentis ..... favor the determination of the board is shall be deemed and taken to be in possession, to all the intents and purposes of trying the title, although the other party should be in actual possession, which supposed possession, shall nevertheless have no effect upon the title; at the end of which term of six months aforesaid, if no suit is entered, a patent shall issue according to the determination of .....
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 ..... reduced to the necessity again of being inconsistent; they adhere with inflexibility to one maxim to exclude our title,and repudiate another more important, clear, and settled, to effect the same purpose. 2d. ..... if the known maxims of the common law are to be disregarded and titles to land tested by the reasoning of modern writers, and by general principles of abstract right, the learned counsel against us have overlooked ..... the lessor of the plaintiff had good title if daniel coxe, the younger, was capable of taking by descent from his aunt rebecca coxe who died in 1802, that is to say, he has title to a certain undivided part, according to the law of descents in new jersey, concerning which ..... 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. ..... compensation for his losses and sufferings, and for his estates and possessions, as a loyalist of the 1st and 3d titles or classes of the statutes, or some or one of them. .....
Tag this Judgment!Court : US Supreme Court
..... brother, then] a subject of great britain, shall be capable of acquiring property in this country, then they, or the survivor of them, do convey or cause to be conveyed to him, in fee simple a good and indefeasible title in the said estate," and in case john harmer should not be capable of acquiring such right before his death, he then directs the conveyance to be executed to his nephew, the plaintiff, and in case of his not being ..... now a subject of the king of great britain, shall be capable of acquiring property in this country, that they or the survivor of them do convey or cause to be conveyed to him in fee simple a good and indefeasible title in the said estate, and in case the said john harmer should not be capable of acquiring such right before his death, then that my said trustees or the survivor of them do convey the said estate in manner ..... at law to the said george harmer, claims the said lands, and to all and every other person or persons, bodies politic and corporate (other than the commonwealth) any right, title or interest, which he or they might or would have had in or to the said lands, or any part thereof, against the said children and devisees, if this act had never been made. ..... aforesaid to john lambert, son of my sister, hannah lambert, when he shall be capable of acquiring property in this country, and in case john lambert should not, before his death, be capable of acquiring a title to the said estate, then i direct the same to be conveyed page 7 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... there an opinion of the court given but upon the following: that a court of chancery has no power to order the sale of real estate, especially as the heirs at law are not parties to the suit, inasmuch as the title to the real estate was not the subject matter of the bill and proceedings. .....
Tag this Judgment!Court : US Supreme Court
..... its title is "an act concerning conveyances," and all its provisions are adapted to the conveyance of lands except in the particular case of marriage settlements, and in that case the act provides expressly for recording a settlement of chattels. .....
Tag this Judgment!Court : US Supreme Court
..... that the cases cited for the defendant arose upon a covenant for quiet enjoyment, which cannot be broken without an actual eviction; but a covenant of title, may be broken without eviction, upon proof that the grantor had not an estate in fee; and, in an action for the breach, it is neither necessary to allege, nor to prove, an eviction. ..... we do not decide, whether the defendant might have gone into evidence of the title, if he had given notice to the plaintiff, immediately after hilton's recovery, that he was dissatisfied with the verdict, and meant, at his own expence, to prosecute an ejectment against hilton, to try the question a second ..... if the defendant should now be permitted to give his title in evidence; and the jury should find a verdict in favour of it, the plaintiff's remedy, by action of covenant on the deed, would be gone; and if his title should ultimately fail, on the trial of another ejectment, to be brought by him, he would lose both land and ..... counsel, with a view to maintain the validity of his title, offered to read the proclamation in evidence. ..... difficulty has occurred in deciding this point; but the court have formed an unanimous opinion, that the evidence offered by the defendant, to prove that he had a good title to the land in question, is inadmissible. ..... the title has been already decided in an ejectment, the only mode in which title to land can be directly decided; and of that ejectment, the defendant had full ..... pleas, title, immaterial and informal issues, .....
Tag this Judgment!Court : US Supreme Court
..... 351 some legal step shall be taken for the assertion of its right, after which, for many purposes, the doctrine of relation carries back the title to the commission of the offense; but the distinction taken by the counsel for the united states between forfeitures at common law and those accruing under a statute is certainly a sound one ..... has the doctrine of relation such an influence upon this case that an election subsequent to the sale shall carry back the title of the united states to the commission of the act of forfeiture, so as by this fiction of law to make them the real owners of the vessel at the time of sale, and consequently of the money for which she was sold ..... without a critical examination of the doctrine of relation, it would seem to be a necessary part of that doctrine that the title to a thing which is to relate back to some former time must exist against the thing itself, not against some other thing which the claimant may wish to consider as its ..... only must the declaration specially set forth the facts on which the right of the united states accrued and the law which gives their title, but the action must be brought against the person who has committed the offense. ..... to carry back the title to the anthony mangin to the act of forfeiture, the title to the anthony mangin must have an actual ..... there be a right only to one, the government may elect to take either, but till the election be made, the title to the one is perfectly equal to the title to the other. .....
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