Cancellation

“ But where, as here, an existing withdrawal prevents the land from becoming open to entry for more than 30 days after the notice of cancellation issues, the application to be made of the act is not so obvious, and it becomes necessary to inquire what is intended. Does the act mean that the preferred right to enter the land is lost if not exercised within 30 days after the notice issues, even though the land is not open to entry during that period? ”

“ Annul is used in a more general sense, denoting simply to make void; as, to annul a contract, to annul an agreement. Nullify is an old word revived in this country, and applied to the setting of things aside either by force or by total disregard; as, to nullify an act of Congress. Cancel is to strike out or annul, by a deliberate exercise of power, something which has operative force. ”

“ An unconditional right to cancel can be availed of for the purpose of terminating a contract, even after suit brought, unless some intervening change in the position of the other party renders that course inequitable. ”

“ It may be admitted that the slightest act of cancelation, with intent to revoke absolutely, although such intent continue but for an instant, is a total and perpetual revocation, and the paper can only be set up as a new will. But that is founded upon the intent. Without such intention, no such effect can follow; for the purpose of the mind gives the character to the act. When, therefore, there appears a cancelation, it becomes necessary to look at the extent of it, at all the conduct of the testator, at what he proposed doing at the time, at what he did afterwards.... ”

“ We content ourselves with saying that the rule established by the general concurrence of the American and English courts is, that where the delay in rendering a judgment or a decree arises from the act of the court, that is, where the delay has been caused either for its convenience, or by the multiplicity or press of business, either the intricacy of the questions involved, or of any other cause not attributable to the laches of the parties, the judgment or the decree may be entered retrospectively, as of a time when it should or might have been entered up. ”

“ Article 9 of the contract entitled 'Delays-Damages,' set out a procedure to govern both parties in case of respondent's delay in completion, whether such delay was caused by respondent, the Govern ent, or other causes. If delay were caused by respondent, the Government could terminate the contract, take over the work, and hold respondent and its sureties liable. Or, in the alternative, the Government could collect liquidated damages. ”

“ If the difficulties and delay arise from the regulations, then his complaint of neglect against the attendant was a most ungenerous proceeding; and if he thought this complaint well grounded, he would not complain of the system. As he talked of the attention of the Trustees being called to this subject, I begged of him (No. IV. and V.) to prove what he had asserted—the truth of the habitual delay, and its cause. He declined the offer (which a man, convinced of the veracity of his statements, would have willingly accepted) and wrote in a much lower tone. ”

“ When an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice, order the period enlarged if application therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion permit the act to be done after the expiration of the specified period if the failure to act was the result of excusable neglect ”

“ If there are right to recover damages there the government exercises its reserved power to delay, they must be found in the particular provisions fixing the rights of the parties.
II. Two of the Judges of the Court of Claims thought consequential damages resulting from delay were recoverable under paragraphs 4 and 3 of the contract. These paragraphs [1] deal with colsely related problems. Article 3, entitled 'Changes', governs the procedure under which the goverment may alter the specifications of the contract for general causes. ”

“ Plaintiff in error bases a contention upon the difficulty of complying with the provisions of the statute with regard to giving notice. Written notice is as we have seen, necessary to be given of any default, and the time when the cancelation of the contract shall take effect, which must not be less than thirty days after the service ”

“ The delays became legal matters to be taken up in due legal course; that is not the way of business. We think that a delay is a criticism of our work and is something at once to be investigated. That is business. ”

“ A special form of this motion of still greater privilege is that fixing the time and place of adjournment.
When adjournment has been carried in a body that is meeting in continuous session, day after day, the business left unfinished comes up at once on reassembling, unless displaced by the order of the day. When a body has only a weekly or a monthly meeting, such business would be considered when unfinished business was reached in the regular order. ”

“ Inaction will be taken as conclusive evidence of abandonment, just as the failure to bring suit within the time allowed by a statute of limitation is evidence of the abandonment of an existing cause of action. ”

“ What the old books called a right of stoppage-what business men call set-off-is a right given or recognized by the commercial law of each of the states, and is protected by the bankruptcy act if the petition is filed before the parties have themselves given checks, charged notes, made book entries, or stated an account whereby the smaller obligation is applied on the larger. ”

“ The men sat down.
"I sent for thee to mak' my will, Mr. Bonnithorne," said the old man.
The lawyer smiled.
"It is an old maxim that delay in affairs of law is a candle that burns in the daytime; when the night comes it is burned to the socket." ”

“ In ordinary practice, a meeting is closed by moving simply “to adjourn;” the society meet again at the time provided either by their rules or by a resolution of the society. If they do not meet till the time for the next regular meeting, as provided in the By-Laws, then the adjournment closed the session, and was in effect an adjournment without day. ”

“ Shall we stand talking here instead of acting, when every moment of delay increases your danger? Come! As I carried you hither, in defiance of all, so will I carry you hence again at once while yet there is time. ”

“ Where appropriate and as permitted by applicable law, you should consider proposing for notice and comment a rule to delay the effective date for regulations beyond that 60-day period. In cases where the effective date has been delayed in order to review questions of fact, law, or policy, you should consider potentially proposing further notice-and-comment rulemaking. ”

“ Upon principle, we should entertain the same opinion, as we think the whole reasoning upon which the delay of the holder to enforce his rights against the drawer is held to discharge the endorser after notice, is founded upon the notion, that the stipulation for delay suspends the present rights and remedies of the holder. ”

“ The defendant’s lawyer, an able fellow, secured an adjournment for three weeks.
[44]
On the announcement of this adjournment, the junior partner gave a loud groan. He leaped to his feet, and rushed out like one demented, shouting as he went:
Merciful heavens, then the sacrifice must still go on!
I don’t need to tell you how much business that firm did in the next three weeks.
Man, born of woman, is of a few days and no teeth. And, indeed, it would be money in his pocket sometimes if he had less of either. ”

“ But the case of an indefinite suspension is different. Here no particular time has been appointed for the termination of the punishment. It may be continued during life, unless the court which has pronounced it think proper to give a determinate period to what was before indeterminate, and to declare that on such a day the suspension shall cease, and the offender be restored. In a case of this kind, action on the part of the lodge is necessary to effect a restoration. ”

“ The provision as to time serves the large purpose of removing from persons in the position of respondent liability for 'delay' beyond the stipulated date for which they might otherwise have their contract terminated or might be required to pay liquidated damages without fault. ”

“ They are therefore liable to receive at a moment’s notice a call from any quarter to go to the front with their lives in their hands, leaving their families, their wives, their children, their old parents, their business, leaving all and requiring a farewell at their departure, as the dangers they may have to encounter are threatening in character and, not unlikely, may prevent their ever returning alive. ”

“ The argument of inconvenience has been pressed upon us with great earnestness. But where the law is clear, this argument can be of no avail; and it will probably be found, that there are also serious inconveniences on the other side. ”

“ Power to close books at regular intervals Be it enacted, that it shall be lawful for the Company, from time to time hereafter, to appoint a period for the closing of their books, up to which time all accounts shall be taken in respect of moneys payable by the Company and closed, and from which period all future periodical payments shall be computed, a rateable proportion of any payment for any broken period being added or deducted as the case may require. ”

“ Dismissing the writ of error, as we shall therefore do for the reasons stated, it remains to consider whether we should grant a prayer for damages for delay which has been made. That the unsubstantial and frivolous character of the only Federal question relied upon of necessity embraces the conclusion that the writ was prosecuted for delay is, in our opinion, indubitable. ”

“ After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated or suspended any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with equal employment opportunity provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the Secretary of Labor.". ”

“ The aggregate period for notice, response, and final decision in a removal, demotion, or suspension under this section may not exceed 15 business days. ‘‘ (B) The period for the response of a covered individual to a notice of a proposed removal, demotion, or suspension under this section shall be 7 business days. ‘‘ (C) Paragraph (3) of subsection (b) of section 7513 of title 5 shall apply with respect to a removal, demotion, or suspension under this section. ”

“ Cancellæ are lattice-work, by which the chancels being formerly parted from the body of the church, they took their names from thence. Hence, too, the court of chancery and the lord chancellor borrowed their names, that court being enclosed with open work of that kind. And, so, to cancel a writing is to cross it out with the pen, which naturally makes something like the figure of a lattice.
Diligence and Delight.
It is a common observation, that unless a man takes a delight in a thing, he will never pursue it with pleasure or assiduity. Diligentia, diligence, is from diligo, to love. ”

“ The present is no time for palliatives; action, prompt action, is required. A delay in Congress to prescribe or to recommend a distinct and practical proposition for conciliation may drive us to a point from which it will be almost impossible to recede. ”

“ Even where time is made material, by express stipulation, the failure of one of the parties to perform a condition within the particular time limited will not in every case defeat his right to specific performance, if the condition be subsequently performed, without unreasonable delay, and no circumstances have intervened that would render it unjust or inequitable to give such relief. ”

“ Introduce the supposition that one party may arbitrarily call for a stoppage when it suits him and refuse to permit it sooner, and almost any system of what would be otherwise fair play may be converted into a very one-sided arrangement. ”

“ The special court-martial convening authority shall review the record produced by and the recommendation of the person who conducted the vacation proceeding, decide whether the probationer violated a condition of suspension, and, if so, decide whether to vacate the suspended sentence. If the officer exercising jurisdiction decides to vacate the suspended sentence, that officer shall prepare a written statement of the evidence relied on and the reasons for vacating the suspended sentence. ”

“ The analogy of a person who has been sentenced to imprisonment for a certain period, and who, on the expiration of that period, is at once released, has been referred to, as apposite to the case of a definite suspension. Still more appropriately may we refer to the case of a person transported for a term of years, and who cannot return until that term expires, but who is at liberty at once to do so when it has expired. ”