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action admitted aforesaid allegations answer appear application appointed argument assent assignment authority Baltimore bankrupt law benefit bond cause certificate charge citizens claim clause commissioners condition confined Congress considered constitution construction county court creditors debt decision deed defendant delivered directed discharge duty effect enacted enforce entered entitled evidence execution exercise existing extend filed final give given grant impairing the obligation imprisoned insolvent debtor insolvent laws intended interest issue judge judgment justice law impairing legislation legislature limitation manner Maryland meaning ment nature notice oath obligation of contracts obtain Ogden operation opinion original parties pass passage payment performance person petition possession preference present principle prisoner proceedings prohibition question reason relating release relief remedy resided respect Saunders sheriff suit supplement supposed tender thereof thing tion tract trustee United validity
Page 139 - 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.
Page 160 - 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...
Page 195 - ... then this obligation to be void, or else to remain in full force and virtue of law.
Page 159 - 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...
Page 132 - 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.
Page 132 - 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.
Page 121 - 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.
Page 88 - 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.
Page 203 - 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.
Page 147 - 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.