A collection of cases decided by the General Court of Virginia, chiefly relating to the penal laws of the Commonwealth, commencing in the year 1789, and ending in 1814
Published by James Webster, No. 318, Market Street, William Fry, Printer, 1815 - 336 páginas
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A Collection of Cases Decided by the General Court of Virginia, Chiefly ...
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act of assembly aforesaid appear appointment attorney authority autrefoits acquit avers award bailed borough Brockenbrough cause charged circuit court committed common law considered consisting of Judges constitution contended convicted county court court of appeals court of chancery court of law crime or offence criminal decided decision declared defendant demurrer discharged from further district court dollars examining court execution felony fendant Frederick Becktoll further prosecution grand jury guilty Hale Harrison county hath homicide Hugh Nelson indictment John Miller John Nevison judge in chancery judiciary jurisdiction justice larceny legislature manslaughter ment misdemesnor motion murder Nelson November opinion peace person Peter Leath plaintiff plea of autrefoits pleaded pleas in bar power to acquit question remanded repugnant Richard Bowden Robert Mitchell Samuel Myers sect sheriff shew slave statute statute of Anne superior court term thereof third pleas tiel tion trial tried Tucker verdict Virginia vols
Página ii - IDE, of the said District, hath deposited in this office, the title of a book, the right whereof he claims as proprietor, in the words following, to wit : " Inductive Grammar, designed for beginners. By an Instructer." In conformity to the act of the Congress of the United States...
Página ii - An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned." And also to the act, entitled " An Act supplementary to an Act, entitled, " An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and...
Página 82 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
Página 83 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 102 - That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
Página 82 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
Página 82 - It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Página 83 - If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Página 179 - That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
Página 82 - The interpretation of the laws is the proper and peculiar province of the Courts. A Constitution is, in fact, and must be regarded by the Judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular Act proceeding from the Legislative body.