New Jersey Law Reports Volume 26

New Jersey Law Reports Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...Pardons to enforce restoration? It may not have the money, or if it has, it may not see fit to obey. How is the Court of Pardons to enforce it? If the Court of Pardons orders the fine to be restored, what is to be done with the executive mandate? will it be carried to the courts, with an order to issue a writ of restitution upon the state treasury? Would it be a proceeding at all in harmony with the other parts of the constitution, that the court should take specific aflirmative action at the mandate of the executive? From time immemorial has such an order ever been issued by the British Crown, or by the executive of any of these states, to any of the courts? As long as the pardoning power confines itself to preventing the punishment or the collection of the fine, its action is in the nature of a release of the state's right to collect or punish. It prescribes no action to the courts. When the courts come to collect the fine, they find the right released by the agent of the party entitled to receive, and they can proceed no further. But an order to restore what has been already paid over, is an entirely different thing. It is then aflirmative, and not negative action. Suppose the order is taken to the legislature, would they obey? and if not, what is to be done? Will the Court of Pardons attach them for contempt or send them to the tower? If they send it to the treasurer, will he not say, in the language of the constitution, I can let no money go hence, except for appropriations made by law? What oflioers have the Court of Pardons to enforce their order, or will they do it with a file of soldiers? Would not any proceeding of the kind we have indicated he in discord with the whole spirit of our institutions, and a thing unheard of hitherto...
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Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236795024
  • 9781236795021