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"Though all the acts of an officer de facto may not be valid, and such of them as are merely voluntary and exclusively beneficial to himself are void; yet such acts as tend to the public utility, and such as be would be compellable to perform, such as are essential to preserve the rights of third persons, and without which they might be lost or destroyed, when done by an officer de facto, are valid.
President, that I asked for a general court-martial to try and definitely determine cases specifically defined and set out, and that this preliminary court has no power beyond the mere collection of facts and giving an inoperative opinion thereon; considering that, if we now proceed, the whole labor must be gone over again at least by the parties and witnesses; considering that the court will be obliged to adjourn to the United States in order to have the least hope of obtaining the testimony of these important witnesses, now retired to civil life, and therefore not compellable to attend a military court even at home, or to testify before a commission duly appointed by such courts, and the parties will not be able to leave this country for home without peril of life.
Liberty was given to the king's liege subjects to transport themselves and families to settle the province, only they were to remain immediately subject to the crown of England, and to depend thereon for ever; and were not compellable to answer to any cause or suit in any other part of his majesty's dominions but in England and Wales.
"Though all the acts of an officer de facto may not be valid, and such of them as are merely voluntary and exclusively beneficial to himself are void; yet such acts as tend to the public utility, and such as be would be compellable to perform, such as are essential to preserve the rights of third persons, and without which they might be lost or destroyed, when done by an officer de facto, are valid.
Afterward they were compellable to perform any military service, under the penalty of losing their privileges as citizens. The expression in the text, it will be seen, is not rendered with full accuracy; as those of the military age can only be called young by comparison. But a short and apt antithesis was needed. Sometimes I have "the service-able" or "the able-bodied."
I purposely omit the mention of those military or military duties which our old constitution laid upon its greatest members. These might, indeed, supply their posts with some other able-bodied men; but if no such could have been found, the obligation nevertheless remained, and they were compellable to serve in their own proper persons.
Its terms, as settled by Gallus Aquilius, are as follow: 'Whatever, and on whatsoever ground, you are or shall be compellable to convey to or do for me, either now or on a future specified day, and for whatsoever I have or shall have against you an action personal or real, or any extraordinary remedy, and whatsoever of mine you hold or possess naturally or civilly, or would possess, or now fail to possess through some wilful fault of your own as the value of each and all of these claims Aulua Agerius stipulated for the payment of such and such a sum, and payment was formally promised by Numerius Negidius. Then conversely, Numerius Negidius asked Aulus Agerius, 'hast thou received the whole of what I have today engaged, by the Aquilian stipulation, to pay thee? to which Aulus Agerius replied 'I have it, and account it received.
Under the fetters imposed by the bill it is manifest that during the actual state of things, and probably during the war, the period particularly requiring such a medium and such a resource for loans and advances to the Government, notes for which the bank would be compellable to give specie in exchange could not be kept in circulation.
17 As a depositary is not answerable for the safe keeping of the thing deposited, but only for fraud, and, if it is stolen, is not compellable to make restitution by action of deposit, he has no interest if it is lost, and therefore the action of theft is maintainable only by the depositor.
'In Scotland domestic slavery is unknown, except so far as regards the coal-hewers and salt-makers, whose condition, it must be confessed, bears some resemblance to slavery; because all who have once acted in either of the capacities are compellable to serve, and fixed to their respective places of employment during life. Hargrave's Argument in the case of James Sommersett, 1772.
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