JURISDICTION— continued. interest in judge, effect of, 506–509. general and special, distinguished, 500, 501. where it exists, proceedings not to be attacked collaterally, 503. in tax proceedings, 615. of federal courts, 17, 356, 526. in cases of habeas corpus, 420-422. JURY, independence of, 392-397. JURY TRIAL, how far required by United States constitution, 29, 30. the mode for the trial of criminal accusations, 389. what cases do not require, 389, n. must be speedy, 377. and public, 379. and not inquisitorial, 379. prisoner to be confronted with witnesses. 387. statement by prisoner, 380-386. when jury may be discharged without verdict, 399-401. when nolle prosequi equivalent to verdict, 399. second trial after verdict set aside, 401. right to counsel, 403. constitutional right to jury trial in civil cases, 29, 30, 505, 664, n., 786. in cases of contempt, 389, n. in case of municipal corporations, 288, n. in habeas corpus cases, 426. JUST COMPENSATION, what constitutes, when property taken by the public, 691-703. JUSTIFICATION, See EMINENT DOMAIN. in libel cases by showing truth of charge, 568. showing of good motives and justifiable occasion, 568. KANSAS, K. power to grant divorces vested in the courts, 129, n. exercise of the pardoning power restrained, 135, n. requirement of general laws when they can be made applicable, 152, n. title of act to embrace the subject, 169, n. no act to be amended by mere reference to its title, 180, n. restriction upon power to contract debts, 273. religious tests for office forbidden in, 575, n. religious belief not to be test of incompetency of witness, 586, n. special statutes licensing sale of lands forbidden, 116, n. divorces not to be granted by legislature, 129, n. revenue bills must originate in lower house, 157, n. title of acts to embrace the subject, 169, n. restriction upon power to contract debts, 272. right of jury to determine the law in cases of libel, 394, n. compact with Virginia, 330, n. liberty of speech and of the press in, 511, n. privilege of legislators in debate, 547, n. exclusion of religious teachers from office, 574, n. religious liberty in, 575, n. persons conscientiously opposed to bearing arms, excused, 586, n. L. LARCENY, abroad, punishment of, here, 149, n. LAW, common, how far in force, 34-36. See COMMON LAW. and fact, respective province of court and jury as to, 392-397, 564-567. LAW-MAKING POWER. See LEGISLATURES OF THE STATES. LAW OF THE LAND, protection of, insured by Magna Charta, 429. American constitutional provisions, 18, 32, 429, n. meaning of the term, 431-434. 452. vested rights protected by, 438. meaning of vested rights, 438, 452, 463, 464. INDEX. LAW OF THE LAND- continued. subjection of, to general laws, 436, 437. interests in expectancy are not, 438-442. rights acquired through the marriage relation, 440. 837 legal remedies not the subject of vested rights, and may be changed, 442. statutory privileges are not, 471. rights in action are, 444. forfeitures must be judicially declared, 444, 445. limitation laws may be passed, 447. rules of evidence may be changed, 450. retrospective laws, when admissible, 454, 471. cannot create rights in action, 454. nor revive debts barred by statute of limitations, 454. may cure informalities, 455-471. may perfect imperfect contracts, 355, 356, 460–471. may waive a statutory forfeiture, 461, n. may validate imperfect deeds, 460. but not as against bona fide purchasers, 465. cannot validate proceedings the legislature could not have authorized, cannot cure defects of jurisdiction in courts, 471, n. sumptuary laws inadmissible, 474. betterment laws, 476. unequal and partial laws, 479-491. invalid judicial proceedings, 491–509. what necessary to give courts jurisdiction, 491-494. in divorce cases, 494. process must be served or substitute had, 496, 497. bringing in parties by publication, 497. no personal judgment in such case, 498, 499. process cannot be served in another State, 498. jurisdiction over guardianship of children in divorce cases, 499. courts of general and special jurisdiction, and the rules as to ques- irregular proceedings do not defeat jurisdiction, 502, 503. waiver of irregularities, 503. judicial power cannot be delegated, 504. judge cannot sit in his own cause, 506. objection to his interest cannot be waived, 509. right to jury trial in civil cases. 29, 30, 505, 664, n., 786. LAWS, ENACTMENT OF See STATUTES. LAWS IMPAIRING OBLIGATION OF CONTRACTS. See OBLIGA- LAWS, EX POST FACTO. See Ex POST FACTO LAWS; RETROSPEC- TIVE LAWS. LEGAL PROCEEDINGS, publication of accounts of, how far privileged, 549–552. LEGAL TENDER, United States Treasury notes may be made, 13, n. division of, 156. not to exercise executive or judicial powers, 102-136. discretion of, not to be controlled by the courts, 55, n., 112. LEGISLATIVE DISCRETION, courts not to control, 55, n., 202, 203, n. LEGISLATIVE DIVORCES, whether they are an exercise of judicial power, 128. LEGISLATIVE MOTIVES, not to be inquired into by courts, 220-222, 253, n. LEGISLATIVE POWERS, enactments in excess of, are void, 5, 207. distinguished from judicial, 108, 109. cannot be delegated, 137, 248. exercise of, will not give right of action, 253. cannot extend beyond territorial limits, 149. grant of, will not warrant exercise of executive or judicial powers, 104– 136. LEGISLATIVE PROCEEDINGS, privilege of publication of, 562-564. members not to be questioned for words in course of, 546. LEGISLATORS, contested elections of, to be decided by house, 158. duty of, not to violate constitution, 217. presumed correctness of motives, 220-222, 253, n. privilege of, in debate, 546. right of, to publish speeches, 562-564. LEGISLATURES, COLONIAL, statutes adopted by, in force at Revolution, 35. LEGISLATURES OF THE STATES, power to originate amendments to State constitution, 42. deference due to judicial construction by, 66, n. powers of, compared with those of Parliament, 102-104, 205. LEGISLATURES OF THE STATES- continued. complete legislative power vested in, 104, 201, 204, 206. delegation of legislative power inadmissible, 137-148. but conditional legislation is not, 137, 138. nor making charters subject to acceptance, 139. nor conferring powers of local government, 138, 225. but exemptions from taxation may be made, 148, 337, 338, 632. must be under the constitutional forms, 155. division of, into two houses, 156. when to meet, 157. prorogation by executive, 157. rules of order of, 158. election and qualification of members, determination of, 158. contempts of, may be punished by, 158, 159. but not by committees, 161, 162. members of, may be expelled, 159. their privilege from arrest, &c., 159. committees of, for collection of information, &c., 161. power of, to terminate with session, 162. journals of, to be evidence, 162. action of, to be presumed legal and correct, 163. motives of members not to be questioned, 220-222, 253, n. "lobby" services illegal, 163. bills, introduction and passage of, 164-169. three several readings of, 94-98, 167. yeas and nays to be entered on journal, 168. vote on passage of, what sufficient, 168. title of, formerly no part of it, 169. constitutional provisions respecting, 95, 169. purpose of these, 170. they are mandatory, 179. particularity required in stating object, 172. what is embraced by title, 174. effect if more than one object embraced, 176. amended statutes, publication of, at length, 180–183. signing of bills by officers of the houses, 183. |