A Collection of Cases Decided by the General Court of Virginia, Chiefly Relating to the Penal Laws of the Commonwealth, Copied from the Records of Said Court, with Explanatory NotesJames Webster, 1815 - 336 páginas |
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Página 31
... thing to be done by the judiciary , -which is , 3dly , To decide that the act is void , and therefore that the claimant under it cannot succeed . In many instances one statute is virtually repealed by another General Court of Virginia . 31.
... thing to be done by the judiciary , -which is , 3dly , To decide that the act is void , and therefore that the claimant under it cannot succeed . In many instances one statute is virtually repealed by another General Court of Virginia . 31.
Página 41
... thing , where the tribunal of justice is under the influence of a party . If the legislature can transfer from constitutional to legislative courts , all judi- cial powers , these dependent tribunals being the creatures of the ...
... thing , where the tribunal of justice is under the influence of a party . If the legislature can transfer from constitutional to legislative courts , all judi- cial powers , these dependent tribunals being the creatures of the ...
Página 50
... thing about the propriety or impropriety of that bu- siness , it is sufficient for my present purpose to observe , that the question did not then come before the court in a judicial manner , —it was taken up as a general proposi- tion ...
... thing about the propriety or impropriety of that bu- siness , it is sufficient for my present purpose to observe , that the question did not then come before the court in a judicial manner , —it was taken up as a general proposi- tion ...
Página 52
... thing in the form of government to restrain them . They are to appoint judges in chancery , at their discretion ; and for me to say I cannot act as a chancery judge in any case , because if I should offend , I am to be prosecuted for ...
... thing in the form of government to restrain them . They are to appoint judges in chancery , at their discretion ; and for me to say I cannot act as a chancery judge in any case , because if I should offend , I am to be prosecuted for ...
Página 56
... the necessity of saying any thing in support of it at this day ; but since I am reduced to this necessity , I must be indulged with a few observations on the subject . I know it has been the opinion of some critical 56 Cases decided in the.
... the necessity of saying any thing in support of it at this day ; but since I am reduced to this necessity , I must be indulged with a few observations on the subject . I know it has been the opinion of some critical 56 Cases decided in the.
Otras ediciones - Ver todas
A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia Court Sin vista previa disponible - 2019 |
A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia General Court Sin vista previa disponible - 2016 |
Términos y frases comunes
act of assembly affidavit aforesaid appear appointment attorney authority award Brockenbrough cause charged circuit court clerk committed common law Commonwealth against John considered consisting of Judges constitution convicted county court court of appeals court of chancery court of law court of record criminal decided declared defendant demurrer discharged from further discriminate district court dollars duty examining court execution exercise felony fendant Frederick Becktoll further prosecution George Wythe grand jury guilty Harrison county hath Henrico county homicide indictment John Miller judge in chancery judiciary jurisdiction justice larceny legislature M'Caul manslaughter ment motion murder Nelson novelty and difficulty November opinion peace person Peter Leath plaintiff plea of autrefoits pleaded power to acquit prisoner was indicted quash question remanded repugnant Richard Bowden Robert Mitchell Samuel Myers sect sheriff shew slave statute superior court thereof tiel tion trial tried Tucker verdict Virginia vols warrant writ
Pasajes populares
Página ii - 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...
Página ii - 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." And also to the act, entitled " An Act supplementary to an Act, 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 time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and...
Página 82 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
Página 83 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 102 - That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
Página 82 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
Página 82 - It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Página 83 - If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Página 179 - That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
Página 82 - The interpretation of the laws is the proper and peculiar province of the Courts. A Constitution is, in fact, and must be regarded by the Judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular Act proceeding from the Legislative body.