Studies in History, Economics, and Public Law Volume 10

Studies in History, Economics, and Public Law Volume 10

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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. 1899 edition. Excerpt: ... of the Realm, i, 150. 4 Varnum, Trevett vs. Weeden, I. Court of Assize, etc., at the last September term of the said court declared and adjudged an act of the supreme legislature of this state to be unconstitutional, and so absolutely void; and whereas it is suggested that the aforesaid judgment is unprecedented in this state and may tend directly to abolish the legislative authority thereof; it is therefore voted and resolved that all the justices of the said court be forthwith cited by the sheriffs of the respective counties in which they live or may be found to give their immediate attendance on the assembly to assign the reasons and grounds of the aforesaid judgment; and that the clerk of the said court be directed to attend this assembly at the same time, with the records of the said court which relate to the said judgment."1 The original summons, as it passed the lower house, contained also these words, which were stricken out by senate amendment: "In order that this assembly on proper information may adopt such measures as may establish the supremacy of the legislative authority."2 Two judges being detained at home by illness, the hearing was adjourned until the last Monday in the month, when all the judges appeared before the assembly. This summons was but the logical result of the position always assumed by the legislature of the colony. It had always maintained that it was the source of all power as the representative of the popular will. It has already been noticed how, under the provision of the charter of 1663, empowering the general assembly "to appoint, order and direct, erect and settle, such places and courts of jurisdiction for the hearing and determining of all actions, cases, matters and things, more

Product details

  • Paperback | 148 pages
  • 189 x 246 x 8mm | 277g
  • United States
  • English
  • black & white illustrations
  • 123688762X
  • 9781236887627