Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 45

Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 45

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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. 1872 edition. Excerpt: ...for the election of commissioners of pilots, the word election was not used in any such sense as it is in the Constitution; or as the result of a choice by the ordinary mode of voting by the people. It is in legal effect an appointment, and comes within the meaning of that word, as used in the Constitution. The provisions of that act giving the appointment of such commissioners to the chamber of commerce, and the presidents of marine insurance companies, are not in conflict with the Constitution. tln act of congress upon s subject within its jurisdiction, but upon which there has been State legislation, does not have the same effect upon the latter as would its repeal. Such act merely indicates the intention of congress, from that time to assume the exercise of the powers con ferred by the federal Constitution. The State law becomes from that time inoperative but is not repealed; the repeal of the act of congress would leave the State law in full force. It cannot be presumed that any rights or interest secured, or obligations incurred under it (the State law), were intended to he interfered with, and hence a_ penalty incurred under the State law before, the act of congress is passed, may be recovered afterward. The statute (ch. 243, 29 of 1857), giving to the commissioners of pilots a penalty of $100 against any " person employing a person to act as pilot not holding a license," does not authorize the recovery of but one penalty against a party who has employed an unlicensed pilot, nlthough such employment was repeated for numerous ships. (Argued April 5th; decided April 25th, 1871.) APPEAL from a judgment of the General Term of the Supr8me Court, in the first judicial district, afiirming a judgment of the Special more

Product details

  • Paperback | 312 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236838947
  • 9781236838940