American and British Claims ArbitrationU.S. Government Printing Office, 1913 |
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الصفحة 7
... costs . The responsible clerk at Doornkop is ordered to issue to the plaintiff upon due payment of the necessary amount , a prospecting license for 1,200 claims on the eastern and proclaimed portion of the Farm Wit- fontein . " 18 At ...
... costs . The responsible clerk at Doornkop is ordered to issue to the plaintiff upon due payment of the necessary amount , a prospecting license for 1,200 claims on the eastern and proclaimed portion of the Farm Wit- fontein . " 18 At ...
الصفحة 9
... costs , with leave to the plaintiff to issue a new summons should he elect to do so.27 Upon the application being dismissed , the plaintiff consulted his counsel and solicitors as to the proper course to adopt , and was advised that the ...
... costs , with leave to the plaintiff to issue a new summons should he elect to do so.27 Upon the application being dismissed , the plaintiff consulted his counsel and solicitors as to the proper course to adopt , and was advised that the ...
الصفحة 11
... costs incurred by Brown in the prosecution of his claim and in the defense of his right , made necessary by the wrongful acts of the Government of the South African Republic , may be conservatively estimated at £ 30,000.32 Inasmuch as ...
... costs incurred by Brown in the prosecution of his claim and in the defense of his right , made necessary by the wrongful acts of the Government of the South African Republic , may be conservatively estimated at £ 30,000.32 Inasmuch as ...
الصفحة 40
... costs . The Re- sponsible Clerk at Dornkop is ordered to issue to the plaintiff upon due payment of the necessary amount , a prospecting license for 1,200 claims on the eastern and proclaimed portion of the farm Witfontein . MORICE , J ...
... costs . The Re- sponsible Clerk at Dornkop is ordered to issue to the plaintiff upon due payment of the necessary amount , a prospecting license for 1,200 claims on the eastern and proclaimed portion of the farm Witfontein . MORICE , J ...
الصفحة 49
... costs . After having read his judgment with respect to the claims on Witfontein , Mr. Justice Morice gave judgment with respect to the claims on Luipaardsvlei as follows : — This is an action for a declaration that the plaintiff is ...
... costs . After having read his judgment with respect to the claims on Witfontein , Mr. Justice Morice gave judgment with respect to the claims on Luipaardsvlei as follows : — This is an action for a declaration that the plaintiff is ...
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عبارات ومصطلحات مألوفة
1,200 prospecting claims 19 July 19th July according Affidavit allegations Ameshoff Article Attorney Chief Justice Kotze Claim Inspector claims on Witfontein Clerk at Doornkop Constitution Coster Cross-examined damages declared Defendants diagram district Potchefstroom duly eastern portion Elias Syndicate entitled Esselen Executive Council Resolution EXHIBIT F. J. Oakes farm Witfontein February further Gazette Gold Law Government Grondwet ground High Court Honourable the Second Horak Johannesburg Jorissen Joseph Chamberlain Judges judgment Kotzé Kruger Krugersdorp land late Robert Legislature Luipaards Vlei Main Reef matter memorialist ment Mining Commissioner Mining Engineer Morice Notary Public oath opinion owner pegged persons Plaintiff portion of Witfontein President Pretoria proclaimed portion proclamation prospecting license public digging quartzite R. E. Brown raad Responsible Clerk Rothkugel Second Volksraad setting open South African Republic summons suspended sworn telegram thereof tion Transvaal vergunning claims versus Dr Volksraad resolution W. J. Leyds ward Gatsrand Wessels whereby Wolmarans
مقاطع مشهورة
الصفحة 32 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.
الصفحة 33 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
الصفحة 31 - 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 65 powers, may do...
الصفحة 31 - 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.
الصفحة 32 - Those then who controvert the principle that the Constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the Constitution and see only the law.
الصفحة 32 - This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It...
الصفحة 31 - 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. 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...
الصفحة 183 - Pennsylvania, and to all whose acts as such full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere...
الصفحة 181 - Dana, whose name is subscribed to the certificate of the proof or acknowledgment of the annexed instrument, and thereon written, was, at the time of taking such proof or acknowledgment, a notary public in and for the county of New York dwelling in the said county, commissioned and sworn, and duly authorized to take the same.
الصفحة 33 - As the constitution is the supreme law of the land, in a conflict between that and the laws, either of congress, or of the states, it becomes the duty of the judiciary to follow that only, which is of paramount obligation.