Reports of Judicial Decisions in the Constitutional Court, of the State of South-Carolina: Held at Charleston and Columbia, During the Years 1812, 13, 14, 15, and 16. To which is Added, Two Cases Determined in the Court of Equity in the Year Eighteen Hundred & Twenty-two, Volum 2W.R.H. Treadway, 1823 - 972 sider |
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Side 524
... clause of the county court act , passed on the 15th March , during the same sitting of the Legislature . By which ... clause p . 314. all deeds and conveyances are required to be recorded in the respective counties where the property ...
... clause of the county court act , passed on the 15th March , during the same sitting of the Legislature . By which ... clause p . 314. all deeds and conveyances are required to be recorded in the respective counties where the property ...
Side 525
... clause in the act pas- sed the 17th of March , of the same year , and during the same session , and of course by the same mem- bers , it is said , that a memorial of marriage settle- ment , & c . & c . shall be registered in the ...
... clause in the act pas- sed the 17th of March , of the same year , and during the same session , and of course by the same mem- bers , it is said , that a memorial of marriage settle- ment , & c . & c . shall be registered in the ...
Side 526
... clause . But the first act , which is positive , ought upon no rule of construction to be impaired , much less abrogated , by a few unmeaning words . The act of 1792 , on the same subject , if it bears on the case at all , would go to ...
... clause . But the first act , which is positive , ought upon no rule of construction to be impaired , much less abrogated , by a few unmeaning words . The act of 1792 , on the same subject , if it bears on the case at all , would go to ...
Side 544
... clause no mention is made of marriage settlements , or negroes , or other goods and chattels . It appears to be confi- ned to lands only , yet the forty - seventh clause of the act seems to enlarge the operation of the act on this ...
... clause no mention is made of marriage settlements , or negroes , or other goods and chattels . It appears to be confi- ned to lands only , yet the forty - seventh clause of the act seems to enlarge the operation of the act on this ...
Side 545
... clauses of acts , relating to the recording of deeds or marriage settlements , which have been passed in this state since the year 1712 ; or , at least , all that are in force . From all which I infer , that if no other act had passed ...
... clauses of acts , relating to the recording of deeds or marriage settlements , which have been passed in this state since the year 1712 ; or , at least , all that are in force . From all which I infer , that if no other act had passed ...
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act of Assembly action admitted ALSTON appears assumpsit authorised bank bill bond Bourdieu BREVARD C. B. Cochran CHARLES Charleston City Council claim clause Cochran coin COLCOCK COLUMBIA commission common law concurred constitution contended contract conveyance counterfeit county courts court of equity court of Ordinary court of sessions coverture creditors debt decision declared decree deed defendant dollars dower evidence executor given granted GRIMKE ground Hogg Hort indictment J. P. Thompson James Hogg January Term judgment jurisdiction jury Justices land Laval Legislature loan-office Major Haskell marriage settlements ment motion Mount Thompson NOTT November Term objection offence opinion paid parties passed Paul Thompson payment person plaintiff plea possession presumption proved punishment purchase question RAOUL recorded rule scire facias secretary's office sheriff shew Simons SMITH statute statute of limitations testator tion trial trustees verdict void volumes warrant WINGATE witness writ
Populære avsnitt
Side 801 - Had the Constitution been silent on this head, there can be no doubt that all the particular powers requisite as means of executing the general powers would have resulted to the government by unavoidable implication. No axiom is more clearly established in law, or in reason, than that wherever the end is required the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it is included.
Side 802 - State sovereignty would only exist in three cases: where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant.
Side 649 - A WRIT of quo warranto is in the nature of a writ of right for the king, against him who claims or usurps any office, franchise, or liberty, to inquire by what authority he supports his claim, in order to determine the right r.
Side 654 - ... 2. The common law has reserved to itself the exposition of all such acts of parliament as concern either the extent of these courts, or the matters depending before them. And therefore, if these courts either refuse to allow these acts of parliament, or will expound them in any other sense than what the common law puts upon them, the king's courts at Westminster will grant prohibitions to restrain and control them.
Side 660 - Judges of the Supreme Court and the Presidents of the Courts of Common Pleas, shall at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this state or the United States.
Side 591 - A warranty is a covenant real annexed to lands or tenements, whereby a man and his heirs are bound to warrant the same; and, either upon voucher, or by judgment in a writ of warrantia chartce, to yield other lands and tenements (which, in old books, is called in excambio), to the value of those that shall be evicted by a former title, or else may be used by way of rebutter.
Side 486 - IDE, 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 : " Inductive Grammar, designed for beginners. By an Instructer." In conformity to the act of the Congress of the United States...
Side 780 - But as the plan of the Convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, exclusively delegated to the United States.
Side 714 - Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust or profit under this state; but the party so convicted shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to the laws of the land.
Side 701 - ... and required, upon request made in writing by such person or persons or any on his, her or their behalf, attested and subscribed by two witnesses who were present at the delivery of the same, to award and grant...