Misplaced Pages

#793206

30-465: Rip Van Dam ( c.  1660 – 10 June 1749) was the acting governor of the Province of New York from 1731 to 1732. As one of the leaders of the republican liberal (or "country") party, Van Dam confronted the subsequent royal governor William Cosby . Rip Van Dam was born, about 1660, at Beverwyck , Albany, New York , where he was raised. He was the son of Maria Bords and Claes Ripse Van Dam,

60-613: A chancery court (with neither a jury nor a faithful following of the law texts) whereas his defence was taken by William Smith and James Alexander . The court of chancery was quite unpopular amongst the New Yorkers. Nonetheless, it was upheld although one of the three Supreme Court judges, the Chief Justice Lewis Morris , voted against it, in 1733, arguing the illegality of such type of chambers of justice. Despite his judicial victory, Cosby reacted so Van Dam

90-541: A succession plan including the designation of an acting CEO if the person in that job vacates that position before a replacement has been determined. For example, the lead director on the board of directors may be designated to assume the responsibilities of the CEO until the board finds a new CEO. Examples of acting positions in politics include acting mayor , acting governor , acting president , and acting prime minister . Officials in an acting position sometimes do not have

120-465: A middle class local socialite who traded through his carpentry business and operated as a contractor. By him, Van Dam was related to the Dutch Church of Albany. In Albany, Van Dam was employed since his adolescence by Robert Story, a businessman of Manhattan , New York City, who was trading around. Subsequently, Van Dam was sent to New York, to study business management earnestly, and he became

150-551: A prominent merchant, running his own business. During the royal governance of Lord Bellomont , Van Dam resisted his enforcement of the Navigation Acts and Bellomont reacted by confiscating some of Van Dam's vessels, alleging violations of those acts. By such struggle, Van Dam became engaged into politics. In 1699, Van Dam was elected to represent New York City in the Province of New York Assembly in Albany, and he became

180-725: Is also Lord Justice General of Scotland . These three judges are not, though, part of the Supreme Court of the United Kingdom , which operates across all three jurisdictions and is headed by the President of the Supreme Court of the United Kingdom . The chief justice can be selected in many ways, but, in many nations, the position is given to the most senior justice of the court, while, in the United States,

210-485: Is in the public domain : Black, Henry Campbell (1910). Black's Law Dictionary . Saint Paul, Minnesota: West . 23 – via Wikisource .  [ scan   [REDACTED] ] Chief Justice The chief justice is the presiding member of a supreme court in many countries with a justice system based on English common law , such as the High Court of Australia , the Supreme Court of Canada ,

240-633: Is second in line to the office of president or governor general (or third in line, if there is a vice president or lieutenant governor general), should the incumbent die or resign. For example, if the Governor General of Canada is unable to perform the duties of the office, the Chief Justice of Canada performs the duties of the governor general. In India, in the event the President and the Vice- President are unable to discharge

270-721: Is slightly different in the three legal jurisdictions within the United Kingdom . The courts of England and Wales are headed by the Lord Chief Justice of England and Wales ; in Northern Ireland's courts , the equivalent position is the Lord Chief Justice of Northern Ireland , and in the courts of Scotland the head of the judiciary of Scotland is the Lord President of the Court of Session , who

300-443: Is the overarching legal principle governing when a minister may be said to be acting for or on behalf of a government department. The 1910 edition of Black's Law Dictionary defines "acting" as a "term employed to designate a locum tenens who is performing the duties of an office to which he does not himself claim title". The 1914 edition of Corpus Juris Secundum gives much the same account. Fraser v. United States ,

330-653: Is their status under the Appointments Clause of the Constitution of the United States . O'Connell observes that portions of FVRA, an act of Congress which sets out a detailed scheme for filling vacant positions in federal agencies, may be unconstitutional if acting officials can be "principal" officers under the Appointments Clause. The constitutional issue emerges because the Appointments Clause requires principal officers to be appointed by

SECTION 10

#1732787085794

360-522: Is used, but the court has a different name, e.g. the Supreme Court of Judicature in colonial (British) Ceylon , the Constitutional Court of South Africa , and the Supreme Court of Appeals of West Virginia (in the US state of West Virginia ). The chief justice's personal ruling is equal in weight to the rulings of any associate judges on the court. In several countries, the chief justice

390-516: The Burnet to Africa to obtain slaves and sell them in Jamaica. Van Dam rallied those merchants who had been affected by Bellomont's restrictions and together they issued a complaint to King William III . Effectively, in response, the new royal governor Lord Cornbury removed some councilmen, in 1701, accusing them with promotion of political disorder. Into one of the vacancies of councilman, Van Dam

420-599: The Supreme Court of Ghana , the Hong Kong Court of Final Appeal , the Supreme Court of India , the Supreme Court of Ireland , the Supreme Court of Japan , the Supreme Court of Nepal , the Supreme Court of New Zealand , the Supreme Court of Nigeria , the Supreme Court of Pakistan , the Supreme Court of the Philippines , the Supreme Court of Singapore , the Supreme Court of the United States , and provincial or state supreme courts/high courts. The situation

450-401: The assembly . Besides, the assembly had disposed a bill through which the liberal institutions of New York got much money. In April 1732, the designated royal governor William Cosby arrived. Disliking such liberal manoeuvres, Cosby decided that Van Dam should restore half of his salary of interim governor. Van Dam durst replying that, before he might comply for such demands, Cosby should return

480-626: The President with the advice and consent of the Senate. If acting officers who take office pursuant to FVRA—not pursuant to presidential nomination and Senate confirmation—can be considered principal officers, then the FVRA would be unconstitutional to the extent that it allows this to occur. Heilpern, for his part, argues that acting Cabinet -level officials are principal officers. [REDACTED] This article incorporates text from this source, which

510-578: The Treasury. The Court of Claims found that the "acting" position was not a statutory creation, and that Fraser was entitled to no pay beyond that of his contract for the period. The rules for appointment of acting officials are covered in many cases by the Federal Vacancies Reform Act of 1998 (FVRA). Legal scholar Anne Joseph O'Connell notes that one central—and unresolved—question about the nature of acting officials under FVRA

540-489: The chief justice is appointed by the President, subject to approval by the United States Senate . Although the title of this top American jurist is, by statute, Chief Justice of the United States , the term "Chief Justice of the Supreme Court" is often used unofficially. In some courts, the chief justice has a different title, e.g. President of the supreme court. In other courts, the title of chief justice

570-562: The council as the oldest member and, often, he represented the royal governor. For instance, Van Dam travelled annually to Albany, to renew the English- Iroquoian alliance on the governor's behalf. After the royal governor John Montgomerie 's death in 1731, Van Dam, who was the council president, was appointed acting governor of New York Province. By opposing the Molasses act , Van Dam was rewarded, receiving 1,000 pounds by

600-582: The first case cited in the Black's entry on "acting", concerns James G. Hill , the Supervising Architect of the Treasury . Hill had been suspended with pay while being investigated for a charge of fraud. Another person, John Fraser , was then directed by the Secretary of the Treasury to take charge of and perform the duties of Hill's office as "Acting" Supervising Architect. Officially, Fraser

630-461: The full powers of a properly appointed official, and are often the proper official's deputy or longest serving subordinate. Being placed in an acting position is a good indicator that the acting person has the confidence of their superiors or colleagues, and is likely to be chosen for the position on a permanent basis. In Commonwealth countries including Australia and Canada, the Carltona doctrine

SECTION 20

#1732787085794

660-410: The functions due to death, resignation or removal, the Chief Justice of India acts as Officiating President of India. Apart from their intrinsic role in litigation, they may have additional responsibilities, such as swearing in high officers of state; for instance, the Chief Justice of the United States traditionally administers the oath of office at the inauguration ceremony of the President of

690-576: The opposition leader. In 1715, he and three others hired Thomas Jacobs to take the Anne and Mary to the Gold Coast where Jacobs returned with 38 slaves. That same year, Van Dam, and three other merchants, invested in a second trip under Captain John Browne, which resulted in a return to New York with 43 slaves. In 1723, Van Dam, his son-in-law Walter Thong, and two others sent Alan Jarrett, captaining

720-509: The privilege fortunes, which were being defalcated out of the English treasury for fake provincial expenditures, by Cosby since his appointment. Cosby assumed in August 1732 but Van Dam refused to take his corresponding oath of councilman. Cosby was enraged by Van Dam's stubbornness so he filed a lawsuit against him to despoil the half of his acting governor salary. Van Dam was processed through

750-466: The publication, prosecuting Zenger in the historical Zenger's trial of 1735. Usually, Van Dam was absent, off the regular sessions of the governor's council. By this reason, Van Dam was suspended by Cosby, who issued this secret order during his deathbed. Therefore, Van Dam did not assume the New York governorship after Cosby's decease (1736). Instead, the corresponding councilman George Clarke , who

780-460: The royal loyalists, The Court Party , stood with Cosby. John Peter Zenger 's aggressively liberal New York Weekly Journal newspaper, of which Van Dam had been a founder (1733), used the Van Dam case much in its every day crusade of free government. Usually, like the other liberal figures of New York, Van Dam wrote unsigned articles which were published by Zenger. In 1734, Cosby burned piles of

810-467: Was appointed instead, in 1702. It was uncommon that a native of Albany became a member of the governor's council as it was an office which was usually reserved for prominent noble figures and wealthy New Yorkers. It functioned in New York City. Van Dam served as a councilman for 30 years. As a councilman's rank was determined by the length of his tenure, eventually Van Dam reached the presidency of

840-426: Was dismissed off the governor council and Morris was ousted. Nonetheless, Morris' liberal party won the elections in that same year, against the royal party . In 1734, Van Dam's Heads of Articles of Complaint Against governor Cosby was published, at Boston , Massachusetts. Under the appellative of The Morrisites , the liberal party of New York aligned for Van Dam's claims, with his active participation. Oppositely,

870-462: Was merely a contractor who had been contracted to oversee the construction of a building for the Bureau of Engraving and Printing. When Hill was returned to his position some five and a half months later, Fraser sought to be compensated for the time he had worked as Acting Supervising Architect, seeking the difference between the salary for that office and his much lower pay as a contracting architect for

900-766: Was of the royal party actually, did. Van Dam demanded the office and, when Clarke refused, the two of them called for respective council sessions. Van Dam was supported by the Chief Justice James DeLancey and his adherents were ready to use the weapons to defend Van Dam's claim. Nonetheless, the conflict ended because, from London, several communiques endorsed Clarke's interim governorship. In 1684, Van Dam married Sarah Van Der Spiegle of New York. Together they had: Van Dam died in New York City on 10 June 1749. He had filed his will in 1746 which detailing his own estate extensively. Notes Sources Acting (law) Organizations are advised to have

#793206