Hawaiian Reports: Cases Decided in the Supreme Court of the Territory of Hawaii, Volume 17

Honolulu Star-Bulletin, 1906

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Página 576 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Página 333 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Página 189 - A municipal corporation proper is created mainly for the interest, advantage, and convenience of the locality and its people; a county organization is created almost exclusively with a view to the policy of the state at large...
Página 505 - Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
Página 185 - Ohio ; and all prosecutions shall be carried on in the name and by the authority of the state of Ohio ; and all indictments shall conclude against the peace and dignity of the same.
Página 116 - The obligation of anyone contracting with a corporation to take notice of the legal limits of its powers; the interest of the stockholders not to be subject to risks which they have never undertaken ; and, above all, the interest of the public that the corporation shall not transcend the powers conferred...
Página 255 - The test is not, whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense, .A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.
Página 124 - This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged. It lies only for money which, ex aequo et bono, the defendant ought to refund...
Página 252 - Viet. c. 85 which enacted that, On the trial of any person for any of the offenses hereinbefore mentioned, or for any felony whatever, where the crime charged shall include an assault against the person, it shall be lawful for the jury to acquit of the felony, and to find a verdict of guilty of assault against the person indicted, if the evidence shall warrant such finding...
Página 657 - King's counsel, your fellows, and "your own, you shall keep secret: You shall present no man "for envy, hatred, or malice ; neither shall you leave any man "unpresented for fear, favour, or affection, or hope of reward ; "but you shall present all things truly as they come to your "knowledge, according to the best of your understanding : So "help you GOD.

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