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27 Vt. 328 Supreme Court of Vermont February 15, 1855
, he may have a warrant to search such dwelling house, &c
a warrant he might enter and search a dwelling house.
*347 The language in some of the state constitutions is, “ No warrant to search any place, or to seize any person or things shall issue without describing them, as particularly as may be; nor then, unless there be probable cause,
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59 U.S. (18 How.) 272 Supreme Court February 19, 1856
When, therefore,.the act of 1820 enacts, that after the levy of the distress warrant h,as been begun, the collector may bring before á district court the question, whether he is indebted as recited in the warrant, it simply waives
to make the levy; that though no suit can be brought against the United States without the consent of congress, yet congress may consent to have a suit brought, to try the question whether the collector be indebted, that being a subject
But this article has no reference'to civil proceedings for the recovery of debts, of which a search warrant is not made part. The process, in this case, is termed, in the act of com gress,- a warrant of distress.
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15 N.Y. 384 New York Court of Appeals June 5, 1857
Derrington (2 Car.
the same charge by a public officer without warrant.
without warrant, the charge being the same in either case?
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25 Vt. 261 Supreme Court of Vermont March 15, 1853
for them, whereby any officer or messenger may be commanded or required to search suspected places, “ or seize any person or persons, his, her or their property, not particularly described, are contrary to that right, and ought not
And it has never been supposed to prohibit arrests by private persons, or without warrant, in that class of cases where delay would be perilous.
This any citizen might always do, in England or this country, upon the mere ground of preventing the continuance of the disturbance, upon the same ground that one may arrest, without warrant, to suppress a riot. Spaulding v.
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55 U.S. (14 How.) 103 Supreme Court January 31, 1853
This warrant, dated April 5, 1851, was immediately put 'into the hands of one Martin Meagher, constable of Westmeath, who made search for the prisoner and was unable to find him, or to execute the warrant. ' The said Meagher was produced
The court may, in some cases, admit to bail, and may also take order for the future production of the prisoner, without bail; but in all cases, until' the court makes some order changing the - custody, either for the care or security
But, in the case before us, the copy was taken by a police officer of the foreion country, and produced here before the Commissioners, without the sanction of either government, and without any competent evidence of the authority of
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4 Mich. 125 Michigan Supreme Court January 15, 1856
to search for such liquors.
No notice of the seizure is required to be given, nor is any means provided by which he is to be informed when, or where, or before whom the search warrant is returned.
The summons may, in such a case, have been served by a constable, to whom alone it could be directed (Laws of 1855, p. 429, Sec. 13 of the Justice's Act), and the search warrant may have been executed by the Sheriff, or any other constable
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2 Iowa 165 Supreme Court of Iowa December 15, 1855Cited by 105 Dissent · Woodward
Justice McLean says: “The acknowledged police power of a state, extends often to the destruction of property.. A nuisance may be abated. Everything prejudicial to the health or morals of a city, .may be removed.
It is believed that no search warrant is unreasonable, in tbe legal sense, when it is for a thing obnoxious to the law, and of a person and place, particularly described, and is issued on oath of probable cause.
Collectors, naval officers, &c., may board vessels within four leagues of the coast, and search them in “every part.” §§ 54 and 99.
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18 N.Y. 534 New York Court of Appeals March 5, 1859
that the plaintiff's hand lying outside the car window was caught by the bridge, and his arm broken.
The very first witness called by the plaintiff upon the trial proved enough of the circumstances of the case to warrant the presumption of negligence.
under consideration is concerned, may, I think, be properly sustained.
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27 Conn. 447 Supreme Court of Connecticut October 15, 1858
But says the same author, “ A record may be proved, first, by mere production without more, or, secondly, by the copy.” Ib.
shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.”
O. table is kept or concealed in any house,” &e,, “such justices may issue their warrant, directed to any proper officer, requiring him to enter such house and to search for such table, and on finding the same to seize and carry it
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17 N.Y. 516 New York Court of Appeals June 5, 1858
Here the term used is uany complaint of a violation of this act,” and upon such complaint being made a warrant is to be issued.
The act of selling without license is called, in those sections of the statute imposing the penalties, “offences.
By that statute, the term “ offence,” when used in a statute, shall be construed to mean any offence for which any criminal punishment may by law be inflicted.
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15 N.Y. 532 New York Court of Appeals June 5, 1857
That force is to consist of a general superintendent of police and two deputy superintendents, five surgeons of police, and so many captains and sergeants (within certain limitations), and so many police patrolmen as may be determined
They may execute warrants issued by any magistrate, without indorsement by another magistrate.
No subordinate officers or patrolmen of the police force can be appointed, and no funds for their payment can be furnished without the coöperation of the county and city authorities.
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67 Mass. 1 Massachusetts Supreme Judicial Court March 15, 1854
of search, to any sheriff,” *23 &c. “ who shall proceed to search the premises described in such warrant.”
may be confiscated and destroyed without any opportunity given the true owner to appear and defend. 2.
So the warrant after reciting the complaint and the prayer for process, commands the officer, not only to search, and, if found, to seize and keep the liquors; but also to summon said Albro and Anthony to appear before *49 the police
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62 U.S. (21 How.) 539 Supreme Court March 11, 1859
The defendant is a body corporate, under the laws of the State of Indiana, by the name of the board of commissioners of the county, and very large powers are conferred upon it in matters relating to the police and fiscal concerns of
The persons composing it were elected by the county, and it was already invested with the highest functions concerning its general police and fiscal interests.
A question was made upon the argument, that the suit could not be maintained upon the coupons without the production of the bonds to which they had been attached; But the answer is, that these coupons pr warrants, for the interest
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25 Conn. 278 Supreme Court of Connecticut September 15, 1856
In the first place, it is said the search is not limited by the warrant to the day time.
Thus, if an attachment in a civil case is issued against the person of another, it is not to be presumed that the officer will make the arrest on the sabbath, or without his jurisdiction, although there may be nothing in the warrant
The warrant recites the complaint and then directs the officer do search the place and seize the liquors.
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14 Mo. 138 Supreme Court of Missouri March 15, 1851
The court gave no instruction to the jury in relation to the power of an officer to arrest without warrant, and this omission is the matter principally complained of. lit cannot be denied, that the legality of the defendant’s arrest
This power of arresting without warrant has also been extended to many other cases in England by statute.
We cannot doubt that it was the design of these ordinances to empower the police-officers of the city to arrest, in specified cases, without warrant. | It is quite apparent that such regulations would be inefficient in a large city
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33 Me. 564 Supreme Judicial Court of Maine July 1, 1852
The constitution declares that “ no warrant to search any place, or seize any person or thing shall issue without a special designation of the place to be searched, and the person or thing to be seized.
The complaint and warrant were, therefore, defective, and the search was unauthorized.
There may be different kinds of spirituous liquors, which, to the eye of an observer, would present the like appearance, and if no warrant to seize them, when thus seen, could be issued without a designation of the particular kind
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21 Pa. 466 Supreme Court of Pennsylvania September 8, 1853
Whether the conditions of the policy must be so construed that the assured might commit suicide by taking poison, without .thereby making the policy void.
But otherwise he may.
in pursuit of negroes whom he spoke of running over to Frederick without a warrant.
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13 Ga. 260 Supreme Court of Georgia February 15, 1853 No. 33
cause, causing a search warrant to issue against the plaintiff.
may be trespass in a Magistrate to issue an illegal warrant, yet it is case in the person who causes and procures such warrant to issue, if it is done maliciously or without reasonable or probable cause.
In that a warrant to search was prayed; in this no warrant of any kind is prayed.
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18 N.Y. 434 New York Court of Appeals December 5, 1858
If not, other circumstances may be resorted to for the purpose of raising the necessary presumption in favor of the deed.
It is further objected that the judge erred in charging the jury, in absolute terms, that if reasonable search had been made, and due notice given under the lease to the tenant, the plaintiff was entitled to recover, without taking
but that the tenant may repel this presumption by producing evidence to the contrary.
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15 Ill. 468 Illinois Supreme Court June 15, 1854
Much other evidence was given in relation to the manner of building this road, its condition, and the care and diligence of its police, and repairs.
This portion was flat bar; road passed over by police between every train; road bed firm and ballasted; and that snake heads were made by breaking of spike heads, and no means of preventing it known; that passage of locomotive may
But a rash and undue apprehension of danger on the passengers’ part may not justify the act as without culpability.
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