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It is true that the mode of proceeding for contempt is not the same in every case of such misbehavior.
Under that statute the question whether particular acts constituted a contempt, as well as the mode of proceeding against the o fender, was left to be determined according to such established rules and principles of the common law as were applicable to our situation.
Indeed, in some regards it was the least eligible mode of proceeding "to render the constitution of the Federal Government adequate to the exigencies of the Union". For, to begin with, the Articles provided for their own amendment--and not by convention.
The court or judge has a right to inquire, in this mode of proceeding, for what cause and by what authority the prisoner is confined within the territorial limits of the state sovereignty.
And the manifest, indeed the avowed and admitted, object of seeking such relief, was to tie the hands of the state so that it could not in any manner or by any mode of proceeding, in its own courts, test the validity of the statutes and orders in question.
There is little technical in the mode of proceeding; the charges are sufficiently clear, and yet in a general form; there are few exceptions, which arise in the application of the evidence, which grow out of mere technical rules and quibbles.
Similar(53)
The Secretary has three alternative modes of proceeding under the Act.
As its name suggests, "all-up" was a form of examining everything to be used for a space mission all at once, as opposed to incremental modes of proceeding inch by slow inch.
If not found to be so, we must look to those settled usages and modes of proceeding existing in the common and statute law of England before the emigration of our ancestors, and which are shown not to have been unsuited to their civil and political condition by having been acted on by them after the settlement of this country.
Without doubt a foreign corporation seeking to enforce such a right in the courts of a state may be required to conform to the prevailing modes of proceeding in those courts, and to submit to the usual rules respecting costs, the giving of security therefor (see Blake v. McClung, 172 U. S. 239, 256, 43 L. ed. 432, 438, 19 Sup. Ct. Rep. 165), and the like.
It may not by its rules ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation between the mode or method of proceeding established by the rule and the result which is sought to be attained.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com