The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Հատոր 29

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Էջ 246 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Էջ 281 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Էջ 324 - If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same ; or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment...
Էջ 270 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process; but the law itself, as a rule of conduct, may be changed at the will, or even the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law as...
Էջ 121 - And Jacob went near unto Isaac his father; and he felt him, and said, The voice is Jacob's voice, but the hands are the hands of Esau.
Էջ 272 - It follows that any legal proceeding enforced by public authority, whether sanctioned by age and custom, or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves these principles of liberty and justice, must be held to be due process of law.
Էջ 338 - But Jesus held His peace. And the high priest answered and said unto Him, I adjure Thee by the Living God, that Thou tell us whether Thou be the Christ, the Son of God.
Էջ 175 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Էջ 94 - I delivered the poor that cried, And the fatherless, and him that had none to help him. The blessing of him that was ready to perish came upon me : And I caused the widow's heart to sing for joy. I put on righteousness and it clothed me : My judgment was as a robe and a diadem.
Էջ 269 - We must examine the Constitution itself, to see whether this process be in conflict with any of its provisions. If not found to be so, we must look to those settled usages and modes of proceeding existing in the common and statute law of England, before the emigration of our ancestors, and which arc shown not to have been unsuited to their civil and political condition by having been acted on by them after the settlement of this country.

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