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n.

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.
but not on counts on which he was acquitted, 406.

(See JEOPARDY.)
NEW YORK,

amendment of constitution of, 40, n.
divorces to be granted only in judicial proceedings, 133, n.
title of act to express the subject, 173, n.
approval of laws by governor of, 187.
right of jury to determine the law in cases of libel, 399,
protection to person and property by law of the land, 436, n.
liberty of speech and of the press in, 518, 519, 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.
NEWSPAPERS,

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.

(See LIBERTY OF SPEECH AND OF THE Press.)
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.

of elections, when essential to their validity, 759.
NUISANCE,

liability of municipal corporations for, 311, n.
when bridges over navigable waters are, 739.

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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.

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OATH,

of attorneys, 409, 410.
test, may be punishment, 321, n.
of voter, when conclusive of his right, 777.

blasphemy and profanity punisbable by law, 588-594.
OBJECT OF STATUTE,

in some States required to be stated in title, 172–183.
OBLIGATION OF CONTRACTS,

States not to pass laws violating, 19, 42, 153, 333.
what is a contract, 333–343.

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.

it is if granted for a consideration, 342.
whether right of eminent domain can be relinquished, 343.

or the right to exercise the police power, 345.
change in general laws of the State does not violate, 347.
nor divorce laws, 348.

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.

imprisonment for debt may be abolished, 351.
exemptions from execution may be increased, 352.
rules of evidence may be changed, 353.
but all remedy cannot be taken away, 354.

repeal of statute giving remedy cannot destroy contracts, 355.
appraisement laws cannot be made applicable to existing debts, 355.
right to possession under mortgages cannot be taken away, 356.

nor time to redeem lands shortened or extended, 356.
laws staying execution, how far invalid, 357, 358.
when power of municipal taxation may not be taken away, 358.
stockholders liable for corporate debts may not be released by law, 358.
whether a party may release, by contract, a privilege granted for reasons

of State policy, 359.
when a contract requires new action to its enforcement, changes may be

made as to such action, 359.

a

OBLIGATION OF CONTRACTS, continued.

new promise to revive a debt may be required to be in writing, 359.
laws validating invalid contracts do not violate Constitution, 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.
OBSCURITIES,
aids in interpretation of, 79–86.

(See ConstrUCTION OF STATE CONSTITUTIONS.)
OBSTRUCTIONS TO NAVIGATION,

when bridges and dams to be considered such, 739–741.

when channels cut by private parties are private property, 736.
OCEAN,

(See High Seas.)
OFFICE,

term of, when cannot be enlarged by law, 78, n.
appointments to, do not constitute contracts, 336.

whether they pertain to the executive, 138, n.

right to, not to be contested on habeas corpus, 430, n.
OFFICER,

duties of, when cannot be taken away, 79, n.
protection of dwelling-house against, 29, 367.
general warrants to, are illegal, 368-371.

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.
duty of, when doubtful of constitutional construction, 88, 89.
of the legislature, election of, 161.
de jure, who are, 778.
municipal, may be indemnified by corporation, 254.
but not for refusal to perform duty, 259.
election of,

(See ELECTIONS.)
appointments to, not necessarily an executive function, 138.
OHIO,

general laws to be uniform, 76, 77, n.
legislature not to grant divorces, or exercise judicial power, 133, n.
legislature forbidden to exercise the appointing power, 138, n.
title of act to embrace the subject, 172, n.
no act to be amended by mere reference to its title, 183, 184, n.
constitutional provision respecting retrospective laws, 462, n.
liberty of speech and of the press in, 520, n.
privilege of legislators in debate, 556, n.
religious tests for office forbidden in, 583, n.

may break

OHIO, — continued.

religious belief not to be test of incompetency of witness, 596, n.

private property not to be taken without compensation, 703, n.
OMNIPOTENCE OF PARLIAMENT,

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

States, 596.

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,

(See By-Laws.)
OREGON,

special statutes licensing sale of lands forbidden, 119, n.
divorces not to be granted by legislature, 133, n.
exercise of the pardoning power restrained, 140, n.
revenue bills to originate in lower house, 160, n.
privilege of ors from arrest, 163, n.
title of act to embrace the subject, 173, n.
no act to be amended by mere reference to its title, 183, 184, n.
liberty of speech and of the press in, 520, 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, n.

disqualifications from suffrage in, 753, n.
OVERRULING DECISIONS,

when should take place, 65.

P.

PAPERS,

private, exempt from seizure, 368, n., 375, n.

protected the same as property, 443, n.
PARDON,

power of, to be exercised by governor, 139, n.
constitutional provisions as to rules for, 140, n.

power to, does not include reprieves, 140, n.
PARENT,

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.

PARLIAMENT, - continued.

may exercise judicial authority, 106.
bills of attainder by, 317.
publication of proceedings of, not formerly allowed, 523.
publication of speeches by members, 569-572.

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.

privilege by, of members from arrest, 163.
PARTIAL LEGISLATION,

legislature to govern by equal laws, 489-493.
special laws for particular individuals not permissible, 492.
suspensions of laws not allowed in special cases, 492.
regulations for special localities or classes, 492, 493.
equality of rights, &c., the aim of the law, 493.
strict construction of special privileges and grants, 493, 496.

and of discriminations against individuals and classes, 493, 494.

and of statutes in derogation of the common law, 74, n.

citizens of other States not to be discriminated against, 497.
PARTICULAR INTENT,

control of, by general intent, 71, n.
PARTIES,

defendants in criminal suits, evidence of, 388–391.

not compellable to testify against themselves, 384, 494.
how subjected to jurisdiction of courts, 504.

estopped by judgment, 60.
PARTITION,

legislature may authorize sale of lands for purposes of, 124.
PASSENGERS,

power of States to require report of, from carriers, and to levy tax upon,

733.

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.

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