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Reynolds vs. Baker and Walker Brothers.

branch of the government does not possess, and which it is prohibited to exercise. Due process of law, means, in the due course of legal proceedings according to the rules and forms which have been established for the protection of private rights: Sedg. on Const. and Stat. Law, 681; 9 Con., 664; 4 John., 79; 3 Conn., 295; 2 Swan, 548, 249; 3 Yerg., 41; 2 Kent Com., 13, 339; 10 Yerg., 69; Cool. Const. Lim., 357; 4 Hill, 140; 11 Wend., 149; Cool. Const. Lim., 365.

It must, therefore, be held, that the 4th section of chapter 10, of the Act of May 30, 1865, is unconstitutional and void, so far as it undertakes to authorize the redemption of land, which was sold more than two years before the passage of the Act, and which the debtor did not offer to redeem within two years after the sale.

Such is the general rule. Exceptions exist: as where the debtor was prevented by the fraud of the purchaser, from redeeming within the statutory time: 1 Head, 110; and also where the time has been extended by agreement between the debtor and the purchaser, and the right had become by such agreement, of the nature of an equity of redemption in the sense of the law of mortgage: 8 Hum., 460. Perhaps exceptions should also be allowed, where the debtor is prevented by duress, imprisonment, overwhelming power, and the like. The mere fact of the existence of war in the country, can, however, scarcely be deemed enough to excuse, without more. In Spink vs. Polk, 5 Cold., it was held, that the civil war did not excuse the punctual presentment of negotiable pa

Reynolds vs. Baker and Walker Brothers.

per, and punctual notice of dishonor, where the holder and maker and indorser all reside in the same region of country; unless it appears that the violence of the war made made it unsafe to make the presentment, and give notice of the dishonor. And it would seem that the like principle would rule, in respect of the offer to redeem, where war was raging in the country of the residence of the debtor and purchaser. Possibly an exception may be grounded on another principle: courts of equity give relief under many circumstances, against forfeitures. The doctrines upon this branch of equity jurisdiction, may, perhaps, be made to apply to cases of omission to redeem, where the omission has been produced by causes which would authorize relief against forfeiture. How this may be, it is not necessary now to decide. The case in hand does not fairly present the question in such aspect, and therefore, does not require a decision at this time.

Reverse the decree of the Chancellor, and dismiss the bill, at the cost of the complainant, but without prejudice.

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1. ELECTIVE FRANCHISE. A property right; and is protected and enforced as other rights. The elective franchise is a right which the law protects and enforces, as jealously as it does property in chattels or lands. It matters not by what name it is designated-the right to vote, the elective franchise, or privilege of the elective franchise-the person, who, under the Constitution and laws of the State, is entitled to it, has a property in it, which the law maintains and vindicates as vigorously as it does any right of any kind, which men may have and enjoy.

2. SAME. Same. Persons invested with the elective franchise, can only be deprived of it by due process of law. The rules of law which guard against deprivation or injury, to the rights of persons in corporeal properties, are alike, and equally applicable to the elective franchise; and alike, and equally, guard persons invested with it, against deprivation or injury to it. Persons invested with the elective franchise, cannot be deprived of it otherwise than "by due process of law."

3. SAME. Same. Muniments of title to property. Certificates of registration. To the same extent that persons cannot be deprived of their lands and chattels, or rights and franchises of any kind, otherwise than "by due process of law," is it also true, that, "without due process of law," they

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