Reports of Cases Argued and Determined in the Superior Courts of Law in the State of South-Carolina, Since the Revolution [1783-1804], المجلد 2I. Riley. For sale by E. Morford, Willington & Company Charleston; Seymour & Williams, Savannah; Lewis Adams, Richmond; Cole & Thomas, Baltimore; P. Byrne, Philadelphia; R. M'Dermut, and S. Gould, New-York; John West, & Company Boston; Daniel Johnson, Portland, 1811 |
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الصفحة 363
... blockade , ) this is such uncer . tainty and am- biguity as will be a good ground for opening such de- cree , and to suffer the par- evidence on ties to go into both sides . No such de- cree is conclu- sive , but is for unce tain- ty on ...
... blockade , ) this is such uncer . tainty and am- biguity as will be a good ground for opening such de- cree , and to suffer the par- evidence on ties to go into both sides . No such de- cree is conclu- sive , but is for unce tain- ty on ...
الصفحة 364
... blockade , such Stewart et al . vessel shall be warned and turned away without detention , unless after such notice ... blockades as laid down by Vattel , and other writers on the law of nations quoted by the opposite party . They also ...
... blockade , such Stewart et al . vessel shall be warned and turned away without detention , unless after such notice ... blockades as laid down by Vattel , and other writers on the law of nations quoted by the opposite party . They also ...
الصفحة 365
... blockade by a British squadron of ships ; and con- cluded with condemning her as a lawful prize to the priva teer ; so that here is such a manifest contradiction upon the face of the proceedings , such ambiguity and uncertainty , that ...
... blockade by a British squadron of ships ; and con- cluded with condemning her as a lawful prize to the priva teer ; so that here is such a manifest contradiction upon the face of the proceedings , such ambiguity and uncertainty , that ...
الصفحة 366
... blockade , or a bare proclamation or declaration of an admiral , or other commanding officer , de- claring a port to be in a state of blockade , without an actual force being stationed against it , was not a blockade within the meaning ...
... blockade , or a bare proclamation or declaration of an admiral , or other commanding officer , de- claring a port to be in a state of blockade , without an actual force being stationed against it , was not a blockade within the meaning ...
الصفحة 367
... blockade , but the libel alleges as the only ground of confiscation , that the vessel and cargo are enemy's pro- perty . The sentence , therefore , proceeded on matter not in issue ; for , although the monition charges the breach of ...
... blockade , but the libel alleges as the only ground of confiscation , that the vessel and cargo are enemy's pro- perty . The sentence , therefore , proceeded on matter not in issue ; for , although the monition charges the breach of ...
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عبارات ومصطلحات مألوفة
action admitted adverse possession affidavit afterwards agreeably alleged appeared assumpsit Attorney-General authority bill blockade bona fide purchaser bond bound BURKE cargo cause charge Charleston District circuit court claim clause Columbia commissioners common law construction contended contract counsel court of equity coverture creditors damages debt debtor declaration deed defendant defendant's determined discharged entitled evidence execution executor favour feme covert fendant fraud give given grant GRIMKE ground indictment intention intestate Judge BAY Judges present judgment jury justice laid land legislature liable ment mortgage motion negroes nonsuit offence opinion original paid parties payment person plaintiff plea pleaded Poaug port possession presiding judge principles proceedings proved purchaser refused rule of law sheriff shew ship South Carolina statute statute of limitations suit taken testator testimony tion trespass TREZEVANT trial try title usury verdict vessel WATIES and BAY witnesses writ
مقاطع مشهورة
الصفحة 38 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.
الصفحة ii - POMEROY, of the said District, hath deposited in this Office the title of a Book, the right whereof he claims as Proprietor, in the words following, to wit : . . "Biography of the Signers to the Declaration of Independence.
الصفحة ii - Conformity to the Act of the Congress of the United Stales, entitled, " An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the Authors and Proprietors of such copies during the times therein mentioned.
الصفحة 59 - In exercising this high authority, the judges claim no judicial supremacy; they are only the administrators of the public will. If an act of the legislature is held void, it is not because the judges have any control over the legislative power, but because the act is forbidden by the Constitution, and because the will of the people, which is therein declared, is paramount to that of their representatives expressed in any law.
الصفحة 294 - And in case there be no children nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate, who are in equal degree and those who legally represent them. VII. Provided, that there be no representations admitted among collaterals after brothers
الصفحة 354 - ... object of the Statute concerning Forcible Entries, is to afford parties, whose possession is disturbed by force and violence, a summary remedy. This object would be entirely defeated if a defendant, after judgment, could, by transferring the possession to a stranger, prevent the execution of the writ. "If it were once permitted for a defendant, against whom there was a judgment on a forcible entry and detainer, to put in a third person, or for a third person to enter afterwards, with a view of...
الصفحة 44 - However the acquisition be made, the right which each individual has to his own estate is always subordinate to the right which the community has over all: without this, there would be neither stability in the social tie, nor real force in the exercise of Sovereignty.
الصفحة 59 - He said, it was painful to him to be obliged to question the exercise of any legislative power, but he was sworn to support the constitution, and this was the most important of all the duties which were incumbent on the judges. On the faithful performance of this high duty would depend the integrity and duration of our government. If the legislature is permitted to exercise other rules than those ordained by the constitution, and if innovations are suffered to acquire the sanction of time and practice,...
الصفحة 60 - ... only the administrators of the public will. If an act of the legislature is held void, it is not because the judges have any control over the legislative power, but because the act is forbidden by the constitution, and because the will of the people, which is therein declared, is paramount to that of their representatives, expressed in any law. As the act under consideration appeared to him to be repugnant to this high will, he was bound to say, that it ought not to have any operation, and that...
الصفحة 294 - ... and sisters' children ; and in case there be no wife, then all the said estate to be distributed equally to and amongst the children ; and in case there be no child, then to the next of kindred in equal degree of or unto the intestate, and their legal representatives as aforesaid, and in no other manner whatsoever.