 There are without doubt occasions in which private property may lawfully be taken possession of, or destroyed to prevent it from falling into the hands of the public enemy; and also where a military officer, charged with a particular duty, may impress...  The American and English Encyclopedia of Law - Page 436edited by - 1891Full view - About this book
 | North American review - 1896 - 780 pages
...which private property may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy; and also where...to the owner; but the officer is not a trespasser. " Bat we are clearly of opinion that in all of these cases the danger must be immediate and impending;... | |
 | United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...possession of or destroyed to prevent it from falling into the hands of the public enemy; and alsowhere a military officer, charged with a particular duty,...for public use. Unquestionably, in such cases, the go 'ernment is bound to make full compensation to the owner ; but the officer is riot a trespasser.... | |
 | United States. Congress. Senate - United States - 1857 - 996 pages
...which private property may lawfully be taken possession of or destroyed, to prevent it from falling into the hands of the public enemy ; and also where...the officer is not a trespasser. But we are clearly o: opinion, that in all of these cases the danger must be immediate an-1 impending, or the necessity... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1869 - 632 pages
...occasions in which private property may lawfully be taken possession of or destroyed to prevent it falling into the hands of the public enemy, and also where...officer is not a trespasser. " But we are clearly of the opinion that in all these cases the danger must be immediate and impending, or the necessity urgent... | |
 | United States. Court of Claims - Law reports, digests, etc - 1861 - 664 pages
...which private property may lawfully be taken possession of or destroyed to prevent it trom falling into the hands of the public enemy, and also where...private property into the public service or take it for the public use. Unquestionably in such cases the government is bound to make full compensation to the... | |
 | Joel Parker - Constitutional law - 1862 - 56 pages
...which private property may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy; and also where a military officer, * 1 Knapp's Reports, 867. charged with a particular duty, may impress private property into tl public... | |
 | Habeas corpus - 1863 - 286 pages
...which private property may lawfully be taken possession of or destroyed, to prevent it from falling into the hands of the public enemy ; and also where...to the owner; but the officer is not a trespasser." . . . "It is the emergency that gives the right, and the emergency must be shown to exist before the... | |
 | John Norton Pomeroy - Constitutional law - 1868 - 588 pages
...destroyed, to prevent it from falling into the hands of the public enemy; and also 1 13 Howard's R. 115. where a military officer charged with a particular...to the owner, but the officer is not a trespasser." I pause in the citation to remark that this duty is only moral and not legal. Were it legal, it could... | |
 | United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1870 - 642 pages
...which private property may lawfully be taken possession of or destroyed, to prevent it from falling into the hands of the public enemy ; and, also, where...the owner ; but the officer is not a trespasser." He admits that, in all such cases, the danger must be immediate and impending, or the necessity urgent... | |
 | Great Britain. Parliament. House of Commons - Great Britain - 1874 - 782 pages
...which private property may occasionally be taken possession of or destroyed to prevent it from falling into the hands of the public enemy ; and also, where...Government is bound to make full compensation to the owner. If, as the above authorities declare, the State must pay for the property of a citizen destroyed to... | |
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