A Compilation of the Insolvent Laws of Maryland: Together with the Decisions of the Court of Appeals of Maryland, and of the Supreme Court of the United States, on the Subject of Insolvency; with a Copious IndexJ.J. Harrod, 1831 - 235 ページ |
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affirmation aforesaid allegations application appointed Assembly of Maryland assent Baltimore county court bankrupt law benefit bills of attainder certified citizens city and county clause clerk commissioners of insolvent confined Congress constitution county of Baltimore court of equity creditor or creditors Crownin Crowninshield debts due declare deed defendant duty effect enacted enforce entitled ex post facto execution exercise existing filed final discharge future contracts give bond grant hath hereby impairing the obligation imprisoned insolvent laws intended interrogatories judge thereof judgment justice law impairing legislation legislature ment New-York oath obligation of contracts Ogden operation opinion parties pass a bankrupt payment permanent trustee personal discharge petition petitioner plaintiff plaintiff in error principle prisoner prohibition provisional trustee question relief of sundry remedy repeal Rhode Island Saunders sheriff Sturges sundry insolvent debtors supplement surrender thereafter tion tract United usury validity vested void
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137 ページ - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
158 ページ - Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts are contrary to the first principles of the social compact, and to every principle of sound legislation. The two former are expressly prohibited by the declarations prefixed to some of the state constitutions, and all of them are prohibited by the spirit and scope of these fundamental charters. Our own experience has taught us nevertheless, that additional fences against these dangers ought not to be omitted. Very...
193 ページ - ... then this obligation to be void, or else to remain in full force and virtue of law.
157 ページ - No state shall coin money, nor emit bills of credit, nor make any thing but gold or silver coin a tender in payment of debts...
130 ページ - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
130 ページ - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
119 ページ - The Constitution of the United States declares that no State shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
86 ページ - A contract is an agreement in which a party undertakes to do, or not to do, a particular thing. The law binds him to perform his undertaking, and this is, of course, the obligation of his contract.
201 ページ - Assigns, for the which payment well and truly to be made and done, we bind ourselves, our Heirs, Executors and Administrators jointly and severally, firmly by these presents, sealed with our seals, and dated this 23d day of May AD l8l2.
145 ページ - Court is of opinion, that since the adoption of the constitution of the United States, a State has authority to pass a bankrupt law, provided such law does not impair the obligation of contracts, within the meaning of the constitution, and provided there be no act of Congress in force to establish a uniform system of bankruptcy, conflicting with such law.