A Compilation of the Insolvent Laws of Maryland: Together with the Decisions of the Court of Appeals of Maryland, and of the Supreme Court of the United States, on the Subject of Insolvency; with a Copious Index
J.J. Harrod, 1831 - Bankruptcy - 235 pages
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affirmation aforesaid allegations application appointed Assembly of Maryland assent Baltimore county court bankrupt law benefit bills of attainder certificate citizens city and county claim clause clerk commissioners of insolvent confined Congress constitution county of Baltimore court of equity creditor or creditors Crownin Crowninshield debts due declare deed defendant duty effect enacted enforce entitled ex post facto execution exercise existing filed final discharge future contracts give bond grant hereby impairing the obligation imprisoned insolvent laws insolvent's intended interrogatories judge thereof judgment justice law impairing legislation legislature ment New-York oath obligation of contracts Ogden operation opinion parties pass a bankrupt passage payment permanent trustee personal discharge petition petitioner plaintiff plaintiff in error principle prisoner prohibition provisional trustee question relief of sundry remedy repeal resided Rhode Island Saunders sheriff Sturges sundry insolvent debtors supplement surrender thereafter thereupon tion tract United usury validity void
Page 147 - 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 168 - 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 203 - ... then this obligation to be void, or else to remain in full force and virtue of law.
Page 167 - 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 138 - 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 138 - 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 127 - 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 94 - 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 211 - 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 155 - 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.