A Practical Treatise on the Power to Sell Land for the Non-payment of Taxes: Embracing the Decisions of the Federal Courts, and of the Supreme Judicial Tribunals of the Several States
Little, Brown, 1869 - 684 pages
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according acres action adverse possession advertisement amount appear application assessment assessor auditor authority certificate claim clerk collection collector common law condition Constitution construction construed convey conveyance court decision defective defendant delinquent delivered directed duty effect equity evidence execution exercise existence fact former give given grant heirs held Illinois intended interest Johns Judge judgment justice land latter legislature levy limitation manner meaning ment nature necessary notice object officer Ohio owner paid particular party passed payment performance person plaintiff possession prescribed presumed principle proceedings proof prove purchaser question reason recited record redeem redemption regarded remedy rendered rule sell sheriff Smith sold statute sufficient tax deed tax sale tax title taxation term thereof tion town tract unless validity vested void whole
Page 22 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment is not therefore to be considered the law of the land.
Page 196 - Thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part...
Page 23 - That they were intended to secure the individual from the arbitrary exercise of the powers of government unrestrained by the established principles of private rights and distributive justice.
Page 9 - That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness.
Page 16 - The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
Page 555 - Discretion, when applied to a court of justice, means sound discretion guided by law : it must be governed by rule, not by humour ; it must not be arbitrary, vague and fanciful, but legal and regular " : per Lord afansfield, in Rex vs.
Page 199 - That the land or lot was advertised for sale in the manner and for the length of time required by law.
Page 12 - That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause, of the accusation against him; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor...