Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Band 71

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Seite 233 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.
Seite 261 - ... for the hearing, trying, and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes, and things, whatsoever, arising or happening within the commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same...
Seite 313 - Dec. 236, which was an action of ejectment, certain questions of fact had been submitted to the jury, who found a verdict for the plaintiff. The defendant moved for a new trial on the ground that the...
Seite 244 - Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws.
Seite 268 - That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law.
Seite 499 - And the said applicant hereby covenants and agrees to and with the said company, that the foregoing is a just, full, and true exposition of all the circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant, and are material to the risk.
Seite 261 - The General Court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts...
Seite 271 - But it must be observed that by the same law which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. On this, and on every other occasion, however, we have no doubt you will pay that respect which is due to the opinion of the court; for, as on the one hand it is presumed that juries are the best judges of facts, it is, on the other hand, presumable that the court...
Seite 234 - ... and established by standing laws : And it shall be among the first acts of the General Court, after the Commencement of this Constitution, to establish such salary by law accordingly. PERMANENT and honorable salaries shall also be established by law for the Justices of the Supreme Judicial Court.
Seite 178 - The establishment of that great thoroughfare is regarded as a public work, established by public authority, intended for the public use and benefit, the use of which is secured to the whole community, and constitutes, therefore, like a canal, turnpike or highway, a public easement.

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