CONSTITUTIONAL LAW. this territory whose property may be used to increase the revenues of the 5. The Act of Congress of July 13th 1861, is not a penal but a revenue 6. Where a party for fraudulent purposes mixes up goods prohibited 8. A sale of contraband property to a belligerent in a neutral territory 9. Hence the Act of July 13th 1861, prohibits every act done towards 10. The condition of peace or war, public or civil, in a legal sense, 11. By the Act of July 13th 1861, the prohibition of commercial inter- 12. Hence, when the President has proclaimed a State to be in insur- 13. The same rules apply as to the exceptions from the interdict, of II. United States Stocks and Loans. 14. By the second section of the Act of Congress, passed February 25, 15. The decision of the Court of Appeals, in the case of The People ex 334 419 31 CONSTITUTIONAL LAW. that decision, securities of a like nature, issued before the passage of the act in question, and owned by a resident of the State, are not exempt from taxation under State laws, if no unfriendly discrimination to the United States, as borrowers, is applied by the State law; and property in United States stock is subjected to no greater burdens than property in general. People vs. Commissioners of Taxes, 16. Congress has no power, by retrospective legislation, to withdraw from State taxation stocks and other like securities, issued by the United States, already subject to such taxation, and so far as the Act of February 25, 1862, exempts, from State taxation, United States securities previously issued, it is extra constitutional and inoperative. Id. 17. The stock of the United States is not subject to State taxation. The case of Weston vs. City Council of Charleston, 2 Peters 449, commented upon and followed. The People ex rel. Bank of Commerce vs. The Commissioners of Taxes, . 18. Powers granted to Congress by the Constitution can only be executed through means or instruments. Note to People vs. Commissioners of Taxes, 19. Power of States to tax United States securities. Id. III. Vote outside the limits of the State. 31 614 38 . 497 21. Election districts, within the meaning of the Pennsylvania statute, denote subdivisions of territory, marked out by known boundaries, prearranged and declared by public authorities; and election districts mean in the Constitution just what they mean in the statute. Chase vs. Miller, 146 22. The term "residence" in the Constitution is the same as domicila word which means the place where a man establishes his abode, makes the seat of his property, and exercises his civil and political rights. Id. 23. The right of a soldier to vote, under the Constitution, is in the district where he resided at the time of his entering the military service. Id. 24. The 43d section of the election law of 2d July, 1839, allowing soldiers to vote outside of the boundaries of the State, is in direct conflict with the 3d article of the Constitution of Pennsylvania, and is, therefore, null and void. Id. 25. The Constitution of Connecticut provides for the time of holding the annual election. And it also provides the place, viz., in an "electors' meeting" composed of the electors in the several towns, duly warned, convened, organized and held for that purpose. These provisions, with other incidental and accessary provisions in the same instrument, leave no room for doubt, that any act of the legislature authorizing the votes of electors to be taken at any other place, or in any other manner, does conflict with the explicit and unequivocal provisions of the Constitution, and is therefore void. Opinion of Supreme Court, &c., 26. The Constitution of New Hampshire provides for elections by the citizens at certain times and in certain places therein fixed; and a law authorizing the casting of the votes in any other manner would be unconstitutional. Opinion of Supreme Court, IV. Trial by Jury. 460 740 27. Constitutional provision refers to the right as it existed at the adoption of the Constitution. Byers et al. vs. Commonwealth, 447 28. An act authorizing arrest and summary commitment of professional thieves is constitutional in Pennsylvania. Id. 29. Legislature has no right to compel submission to an arbitration without consent of party. People ex rel. Baldwin vs. Haws, 378 V. Taking of Private Property without Compensation. See EMINENT DOMAIN, 2. CONSTITUTIONAL LAW. 30. Grant of authority to build a highway over railroad track without 31. The grant of right to lay railroad over a street is not a taking of 32. A statute empowering a log-driving company to assume control on 33. Law allowing boats to be seized and sold upon mere assertion of VI. Regulation of Commerce. 34. Where a river is wholly in a State, the Legislature has full control 35. A law of Detroit requiring ferry-boats running to Canada to pay a 58 977 570 695 504 569 VII. Taxation by State Legislature. 36. A State Legislature has power to impose a tax on savings banks CONTEMPTS. 767 1. Personal service required—proceedings upon, &c. Pitt vs. Davison, 124 See COURTS, 11-13. 1. The House of Representatives, in a State Legislature, have no such 2. Its sole purpose is to procure the requisite evidence to present to 3. This is not the case where one person desires to be placed in an 4. The office of canvassers is merely ministerial, and as such will be 5. And if any informality had really occurred, it might have been CONTRACT. See CORPORATION, II. SUNDAY, 1. I. Interpretation and Construction of, . Id. 274 . 129 CONTRACT. II. Performance. 1. On default of vendor at time fixed and offer afterwards, vendee may . 2. Defendant in suit for value of goods delivered may set off damages III. Specific Performance. pay for tuition if promissor is pre- 4. Performance decreed although the entire consideration not named 5. Burden of proof is on the party alleging misrepresentation. Id. 7. Action for. Stevenson vs. Buxton, IV. Rescinding of Contract. 317 630 768 180 60 8. What amount of mental incapacity is required to authorize a Court 503 9. Rescission for misrepresentations. Rockafellow vs. Baker, 313 V. Conditional Contracts. 10. Conditional agreement to purchase if the article found satisfactory 11. Where promise is made with condition to be void on certain con- 12. Effect of conditional signing where the condition is broken, dis- VI. Contracts void on account of Public Policy. 13. A compromise of private injury is binding, hence a promise to pay 441 444 346 14. A written contract governs the right of the parties to it, and can- 15. Admission of parol evidence to explain written. Bidwell vs. North 1. A mere contractor on a public work is not liable to a third person 2. Nor is there any liability on part of the contracting board or of the CORPORATION. See ASSUMPSIT, 3. 507 BANKING, 6. CORPORATION. CITIZEN, 1. COURTS, 3. EMINENT DOMAIN, 1. RAILROADS. RELIGIOUS SOCIETIES. 1. Evidence of Existence and Acts. 1. Prima facie evidence of its existence. Indorsement of notes by- 2. An assignment made by president and secretary, with the seal of II. Liability of Subscribers to Stock. 3. Action by corporation will lie on a subscription paper signed before 4. Subscriber is liable for his subscription though he has assigned his 181 629 563 III. Directors and Stockholders. 5. The relation of directors to stockholders is that of trustee to cestui 7. Where the charter vested the powers, &c., of the company in a board IV. Priority of Creditors. 700 632 8. Priority among creditors of president and of the corporation, when 9. A Court of Equity has jurisdiction to take charge of the property of COUNSEL. See CORPORATION, 10. Id. 1. AUTHORITY OF, 689 2. A promise by a client to pay money to a counsel for his advocacy, 3. The relation of counsel and client renders the parties mutually inea- Id. 4. A barrister became the advocate of the female defendant, and 35′′ |