NEW STATES, admission of, 35-47. NEW TRIALS, not to be granted by the legislature, 116, 492. not granted on application of State in criminal cases, 398. may be had after verdict set aside on application of defendant, 405. NEW YORK, (See JEOPARDY.) amendment of constitution of, 40, n. divorces to be granted only in judicial proceedings, 133, n. approval of laws by governor of, 187. right of jury to determine the law in cases of libel, 399, n. privilege of legislators in debate, 556, n. religious liberty in, 584, n. religious belief not to be test of incompetency of witness, 596, n. publication of privileged communications in, 559–562. whether they have any privilege in publishing news, 563., privilege not admitted by the courts, 564-569. when publisher not liable to vindictive damages, 569. NOBILITY, titles of, forbidden to be granted, 23. NOLLE PROSEQUI, when equivalent to acquittal, 404. NON COMPOTES MENTIS, legislative authority for sale of lands of, 118–129. excluded from suffrage, 753. NON-RESIDENT PARTIES, subjecting to jurisdiction of court by publication, 501-508. restricted effect of the notice, 506. discrimination in taxation of, 606. NORTH CAROLINA, ratification of constitution by, 9. divorces not to be granted by legislature, 133, n. protection to person and property by law of the land, 436, n. liberty of speech and of the press in, 521, n. religious tests for office in, 583, n. disqualifications from suffrage in, 753, n. NOTICE, necessity for, in legal proceedings, 504-509. bringing in non-resident parties by publication of, 504, 505. NUISANCE, liability of municipal corporations for, 311, n. NUISANCE, - continued. when dams are, and may be abated, 747. obstructions in navigable streams are, 736. forbidding use of cemeteries which have become, 747. general power in the States to abate, 748. created by public, not to be abated at expense of individual, 748, n. 0. ОАТН, of attorneys, 409, 410. test, may be punishment, 321, n. of voter, when conclusive of his right, 777. blasphemy and profanity punishable by law, 588-594. OBJECT OF STATUTE, in some States required to be stated in title, 172-183. States not to pass laws violating, 19, 42, 153, 333. agreements by States are, 334, 335. executed contracts, 335. appointments to office are not, 336. municipal charters are not, 233, 336. franchises granted to municipal corporations are not, 338. but grants of property in trust are, 339. and grants of property for municipal use, 290. private charters of incorporation are, 339, 340. whether an exemption from taxation is, 154, 341, 342. whether right of eminent domain can be relinquished, 343. change in general laws of the State does not violate, 347. such laws not to devest rights in property, 348. what obligation consists in, 348-350. remedies for enforcement of contracts may be changed, 351-354. exemptions from execution may be increased, 352. but all remedy cannot be taken away, 354. repeal of statute giving remedy cannot destroy contracts, 355. when power of municipal taxation may not be taken away, 358. when a contract requires new action to its enforcement, changes may be new promise to revive a debt may be required to be in writing, 359. nor laws extending corporate franchises, 359. State insolvent laws, how far valid, 359–361. effect of police laws, 715–729. OBSCENITY, in legal proceedings, not to be published, 560. sale of obscene books and papers may be prohibited, 749. aids in interpretation of, 79-86. (See CONSTRUCTION OF STATE CONSTITUTIONS.) when bridges and dams to be considered such, 739–741. OCEAN, OFFICE, (See HIGH SEAS.) term of, when cannot be enlarged by law, 78, n. whether they pertain to the executive, 138, n. OHIO, duties of, when cannot be taken away, 79, n. protection of dwelling-house against, 29, 367. may break open house to serve criminal warrant, 372. service of search-warrant by, (See SEARCHES AND SEIZURES.) privilege of criticism of, 539-551, 567. removal of, 139, n. constitutional qualifications cannot be added to, by the legislature, 78. appointments to, not necessarily an executive function, 138. general laws to be uniform, 76, 77, n. legislature not to grant divorces, or exercise judicial power, 133, n. no act to be amended by mere reference to its title, 183, 184, n. privilege of legislators in debate, 556, n. religious belief not to be test of incompetency of witness, 596, n. meaning of the term, 4, 105. OPINION, proscription for, is unconstitutional, 489. on religious subjects to be free, 580-586. religious tests forbidden in some States, 583, n. of witnesses on religious subjects not to constitute disqualification in some judicial, force of, as precedents, 61-66. ORDINANCE OF 1787, how far still in force, 33-35. admission of States to the Union under, 35. ORDINANCES, MUNICIPAL, OREGON, (See BY-LAWS.) special statutes licensing sale of lands forbidden, 119, n. title of act to embrace the subject, 173, n. no act to be amended by mere reference to its title, 183, 184, n. privilege of legislators in debate, 556, n. religious tests for office forbidden in, 583, n. private property not to be taken without compensation, 703, OVERRULING DECISIONS, when should take place, 65. n. P. PAPERS, private, exempt from seizure, 368, n., 375, n. PARDON, power of, to be exercised by governor, 139, n. right of, to custody of child, 420. respective rights of father and mother, 431. PARLIAMENT, power of, to change the constitution, 4, 105, 212. acts of, adopted in America, 32. repeal of acts of, 34, n. comparison of powers with those of State legislatures, 104, 107, 212, 213. publication of proceedings of, not formerly allowed, 523. publication of reports and papers of, 569–572. PARLIAMENTARY LAW, influence of, in construction of constitutions, 158, 159. legislative power in regard to, 161. power to preserve order, &c., under, 161, 162. PARTIAL LEGISLATION, legislature to govern by equal laws, 489-493. special laws for particular individuals not permissible, 492. strict construction of special privileges and grants, 493, 496. and of discriminations against individuals and classes, 493, 494. control of, by general intent, 71, n. PARTIES, defendants in criminal suits, evidence of, 388-391. not compellable to testify against themselves, 384, 494. estopped by judgment, 60. PARTITION, legislature may authorize sale of lands for purposes of, 124. power of States to require report of, from carriers, and to levy tax upon, making carriers responsible for safety of, 725. PASTURAGE, right of, in public highway, is property, 681, n. PAUPERS, exclusion of, from suffrage, 753. PAVING STREETS, assessments for, not within constitutional provisions respecting taxation, 619. special taxing districts for, 628-632. assessments may be made in proportion to benefits, 629. or in proportion to street front, 631. but each separate lot cannot be made a separate district, 632. PEACE AND WAR, power over, of the revolutionary Congress, 7. of Congress under the Constitution, 12. PENALTIES, for the same act under State and municipal laws, 242. |