CONSTITUTIONAL LAW.

this territory whose property may be used to increase the revenues of the
hostile power, are in this contest liable to be treated as enemies. Schooner
Brilliant vs. United States,

5. The Act of Congress of July 13th 1861, is not a penal but a revenue
statute, and is to be construed liberally, so as to accomplish its proposed
object. United States vs. Probasco,

6. Where a party for fraudulent purposes mixes up goods prohibited
by a revenue act with those not prohibited, the whole will be forfeited. Id.
7. A citizen may be forbidden by a municipal law to do what would be
lawful for a neutral to do on the high seas. Id.

8. A sale of contraband property to a belligerent in a neutral territory
is a violation of neutrality, and, à fortiori, such sale in one belligerent
country by a citizen or domiciled person thereof, is a breach of alle-
giance. Id.

9. Hence the Act of July 13th 1861, prohibits every act done towards
the execution of a design to carry on, without a "permit," commercial
intercourse between the interdicted and other states, and it is violated not
only when a vessel has actually sailed with the goods on board, but the
moment the goods are started, even on land, towards the forbidden des-
tination. The application for a "permit" is evidence of the intention to
proceed, and the use of fraudulent invoices to procure the "permit,"
shows the intention to be fraudulent. The shipment of goods under
color of that permit, is a step taken in execution of that fraudulent in-
tent-is an overt act. Such goods are "proceeding to" the interdicted
port within the meaning of the Act of July 13th 1861, and the shipper,
under the Act of May 20th 1862, is guilty of an "attempt" to transport
them in violation of law. Id.

10. The condition of peace or war, public or civil, in a legal sense,
must be determined by the political department of the Government, and
the Courts are bound by that decision. Id.

11. By the Act of July 13th 1861, the prohibition of commercial inter-
course is to be in force "so long as such condition of hostility shall
continue." The same power which determines the existence of war or
insurrection, must also decide when "the condition of hostility" ceases.
In a legal sense the state of war or peace is not a question in pais for
Courts to determine. It is a legal fact ascertainable only from the deci-
sion of the political department. Id.

12. Hence, when the President has proclaimed a State to be in insur-
rection, the Courts must hold that this condition continues until he decides
to the contrary. Id.

13. The same rules apply as to the exceptions from the interdict, of
such parts of the insurrectionary States "as may maintain a loyal adhe-
sion to the Union and the Constitution, or may be from time to time
occupied and controlled by forces of the United States engaged in the
dispersion of said insurgents." Such exceptions, and the legal status
of such parts of the said States, are to be determined by the Presi-
dent. Id.

II. United States Stocks and Loans.

14. By the second section of the Act of Congress, passed February 25,
1862, it is provided that "All stocks, bonds and other securities of the
United States, held by individuals. corporations, or associations within
the United States, shall be exempt from taxation by or under State
authority." The effect of this section is to exempt from taxation, under
the laws of a State, all stocks, bonds, and other securities issued by the
United States after the passage of the act. The People ex rel. The Hanover
Bank vs. The Commissioners of Taxes,

15. The decision of the Court of Appeals, in the case of The People ex
rel. The Bank of the Commonwealth, 23 N. Y. 192 (1 Am. Law Reg. N.
S. 81), is authority as to cases coming within its scope By force of

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.
20. Legal tender notes. Hague vs. Powers,

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
compensation. Albany Northern Railroad Co. vs. Brownell et al.,

31. The grant of right to lay railroad over a street is not a taking of
private property. People et al. vs. Kerr et al.,

32. A statute empowering a log-driving company to assume control on
public waters of logs of unconsenting parties is unconstitutional. Ames
vs. Port Huron Log-Driving Co..

33. Law allowing boats to be seized and sold upon mere assertion of
debt, without a judgment of a judicial tribunal, is unconstitutional.
Parsons vs. Russell,

VI. Regulation of Commerce.

34. Where a river is wholly in a State, the Legislature has full control
over the navigation of it, subject to the laws of the General Government
respecting tide-water rivers. Flanagan vs. Philadelphia,

35. A law of Detroit requiring ferry-boats running to Canada to pay a
license fee is not unconstitutional. Chelvers vs. People,

58

977

570

695

504

569

VII. Taxation by State Legislature.

36. A State Legislature has power to impose a tax on savings banks
on account of their depositors, founded on the amount of their deposits.
Commonwealth vs. People's Savings Bank,

CONTEMPTS.

767

1. Personal service required—proceedings upon, &c. Pitt vs. Davison, 124
CONTESTED ELECTIONS.

See COURTS, 11-13.

1. The House of Representatives, in a State Legislature, have no such
jurisdiction over the counting of the votes for members as will oust the
jurisdiction of the common law Courts in proceedings by mandamus
against the canvassers. The member elected has a right to receive the
certificate of election, and if it is refused him, and given to another, he
may call upon the Courts for redress, by mandamus. People vs. Hilliard
et al.,

2. Its sole purpose is to procure the requisite evidence to present to
the House of a primâ facie right to a seat in it, independent wholly of
the question of qualification. And the only means by which this can be
obtained is by the compulsory writ of mandamus. Id.

3. This is not the case where one person desires to be placed in an
office now filled by another, for in such cases mandamus will not lie. It
is more analogous to a demand for the books and papers belonging to an
office, or for the insignia of office, for which this is the proper remedy.
Id.

4. The office of canvassers is merely ministerial, and as such will be
controlled by the Court under this process. They are required by statute
to count all the votes formally certified to them. And the fact that some
of the judges of elections do not appear to have been properly sworn, is
no objection to the validity of their returns. The certificate of an officer
de facto is all that is required. Id.

5. And if any informality had really occurred, it might have been
corrected before the canvassers, and should not have been allowed to
operate to disfranchise the voters.

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
refuse without any reason assigned, and if he assigns a reason it is
immaterial whether it be a good one or not. Friess vs. Rider,

.

2. Defendant in suit for value of goods delivered may set off damages
from failure of plaintiff to furnish the full quantity agreed upon, and his
damages are to be measured by what his profit would have been, and
interest thereon. Fishell vs. Winans,
3. No action lies on contract to
vented by illness from receiving it.

III. Specific Performance.

pay for tuition if promissor is pre-
Stewart vs. Loring, .

4. Performance decreed although the entire consideration not named
in the written contract. Park vs. Johnson,

5. Burden of proof is on the party alleging misrepresentation. Id.
6. Compensation where wife refuses to join in a release of dower and
homestead.
ld.

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
to rescind. Aiman et al. vs. Stout,

503

9. Rescission for misrepresentations. Rockafellow vs. Baker,

313

V. Conditional Contracts.

10. Conditional agreement to purchase if the article found satisfactory
on trial requires an actual trial of the article and in a reasonable time.
McDonald vs. Pierson,

11. Where promise is made with condition to be void on certain con-
tingency, the burden of proof is on the maker to show the avoidance.
Thayer vs. Connor,

12. Effect of conditional signing where the condition is broken, dis-
cussed in Note to Seely vs. People,

VI. Contracts void on account of Public Policy.

13. A compromise of private injury is binding, hence a promise to pay
for withdrawing opposition to a road through plaintiff's land is valid.
Weeks vs. Lippencott,

441

444

346

14. A written contract governs the right of the parties to it, and can-
not be varied, added to, or qualified; with one exception, that in some
cases the custom of a trade may be annexed as incident to the contract;
that is, not where the custom contradicts the contract, but where it is
consistent with it. Arbon vs. Fussell,

15. Admission of parol evidence to explain written. Bidwell vs. North
Western Ins. Co.,

1. A mere contractor on a public work is not liable to a third person
for damages occasioned by the non-performance of his contract.
al. vs. Dodge,

2. Nor is there any liability on part of the contracting board or of the
State. Id.

CORPORATION.

See ASSUMPSIT, 3.

507

BANKING, 6.

CORPORATION.

CITIZEN, 1.

COURTS, 3.

EMINENT DOMAIN, 1.
NEGOTIABLE BONDS.

RAILROADS.

RELIGIOUS SOCIETIES.

1. Evidence of Existence and Acts.

1. Prima facie evidence of its existence. Indorsement of notes by-
evidence in action by indorsee. Topping vs. Bickford,

2. An assignment made by president and secretary, with the seal of
the corporation attached, but without specific authority from the com-
pany, is not valid. Id.

II. Liability of Subscribers to Stock.

3. Action by corporation will lie on a subscription paper signed before
the incorporation, without formal assignment from the committee who
received the signature. Dansville Seminary vs. Welch,

4. Subscriber is liable for his subscription though he has assigned his
interest. Dayton vs. Borst,

181

629

563

III. Directors and Stockholders.

5. The relation of directors to stockholders is that of trustee to cestui
que trust, and they are liable to individual stockholders for fraudulent
or careless expenditure of the money of the corporation. Butts vs. Wood, 628
6. Stockholder cannot maintain a bill in equity to restrain the com-
pany from engaging in a new enterprise, if it is sanctioned by legislative
grant and by a vote of the majority of stockholders. Durfee vs. Old
Colony, &c., Railroad Co.,

7. Where the charter vested the powers, &c., of the company in a board
of forty directors, and afterwards an Act of Legislature authorized the
company to reduce the number to twenty-one, held, in the absence of
provision in the Act requiring the reduction to be made by stockholders,
that the power vested in the board of directors. Matter of Excelsior Ins.
Co.,

IV. Priority of Creditors.

700

632

8. Priority among creditors of president and of the corporation, when
the latter was organized for fraudulent purposes. Booth vs. Bunce et al., 120
V. Jurisdiction of Equity over Foreign Corporation.

9. A Court of Equity has jurisdiction to take charge of the property of
a foreign corporation, to preserve it for creditors. Murray vs. Vanderbilt, 765
10. An appearance by officers of the Court will be valid and give juris-
diction, whether the service upon the officers be good or not.

COUNSEL.

See CORPORATION, 10.

Id.

1. AUTHORITY OF,

689

2. A promise by a client to pay money to a counsel for his advocacy,
whether made before, or during, or after the litigation, has no binding
effect. Kennedy vs. Broun and Wife,

3. The relation of counsel and client renders the parties mutually inea-
pable of making any legal contract of hiring and service concerning
advocacy in litigation.

Id.

4. A barrister became the advocate of the female defendant, and
during the continuation of the litigation she made repeated requests to
him for exertions as such, and repeatedly promised to remunerate him
for the same; and after the end of the litigation she spoke of the amount

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