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STATUTES, – continued.

evil to be remedied thereby, 173–175.
particularity required in stating object, 175.
“ other purposes," ineffectual words in, 177.
examples as to what can be held embraced in, 177, 178.
effect if more than one object embraced, 179, 180.

effect where act broader than title, 181, 182.
amendatory, 183–186.

requirement that act amended be set forth at length, 184.

this not applicable to amendments by implication, 185.
repeal of, at same session of their passage, 186.

by unconstitutional act, 224.
approval of, by the governor, 186–188.
passage of, at special sessions, 189.
when to take effect, 190–193.
publication of, 192, 193.
presumed validity of, 203, 208-210, 221-224.
power of courts to declare their unconstitutionality, 194, 205.

not to be exercised by bare quorum, 197.
por unless decision on the very point necessary, 198.
nor on complaint of party not interested, 199.
nor solely because of unjust provisions, 200–204.
nor because violating fundamental principles, 205–207.
nor because opposed to spirit of Constitution, 208–214.

nor in any doubtful case, 220-225.
may be unconstitutional in part, 214–219.

instances of, 217, 218.
constitutional objection to, may be waived, 219.
motives in passage of, not to be inquired into, 225–227.
consequence when invalid, 227.
whether jury may pass upon, 415, n.
retrospective, 460–479.
construction of, to be such as to give effect, 223.

presumption against conflict with Constitution, 223, 224.
to be prospective, 461.

contemporary and practical, 81–86.
ex post facto, 323-332.

(See Ex Post Facto Laws.)
violating obligation of contracts, 333–361.

(See OBLIGATION OF CONTRACTS.)
unequal and partial, 489–498.
of limitation, 453-456.

of Parliament, how far in force in America, 30–33.
STATUTORY LIENS,

whether they may be taken away, 351, n.
STATUTORY PRIVILEGES,

are not vested rights, 479.

strict construction of, 487-498.
STAY LAWS,

law taking from mortgagees right to possession invalid as to existing

mortgages, 355, 356.

1

STAY LAWS, - continued.

law extending time of redemption of lands previously sold is void, 356.
law shortening redemption void, 356.
stay of execution on existing demands for unreasonable or indefinite time

is void, 357.
STOCK IN CORPORATIONS,

municipal subscriptions to, 144, 260–272.

when liable for debts cannot be released by legislative act, 358.
STREETS,

power of cities, &c., to change grade of, 252.
power to control, 253.
special assessments for grading and paving, 628-634.
assessment of labor upon, 637.
exercise of right of eminent domain for, 664.

and for materials for constructing, 654.

when owner of land to receive compensation, 703.
appropriation of, for railways, 681-694.

police regulations for use of, 734.
STRICT CONSTRUCTION,

of laws in derogation of common law, 74, n.
of charters, 235, 495.
of statutes granting special privileges, 487-498.
of statutes requiring gratuitous services, 493.

of statutes taking property for public use, 658, 659.
SUBJECT OF STATUTE,

required in some States to be stated in title, 172-183.
SUBMITTING LAWS TO POPULAR VOTE,

whether it is a delegation of legislative power, 141-152.
authorities generally do not allow, 145.
corporate charters, &c., may be submitted, 143, 230.

and questions of divisions of towns, &c., 144.

and questions of local subscriptions to improvements, 144.
SUBSCRIPTIONS,

to internal improvements by municipal corporations, 144, 262-272.
submitting questions of, to corporation is not delegating legislative power,

144.

power of taxation to provide for, cannot be taken away, 358.
SUCCESSION TO THE CROWN,

power of Parliament to change, 105.
SUFFRAGE,

right of, in forming new constitutions, 36, 38, 44.
restrictions upon, to be construed strictly, 494.
constitutional qualifications for, not to be added to by legislature, 78.
who to exercise generally, 752.
regulation of right of, 756-758.
right of not conferred on women by the new amendments, 13.

(See ELECTIONS.)
SUIT,
notification of, by publication, 505.

(See ACTION.)

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SUMPTUARY LAWS,

odious character of, 483.
SUNDAY,

laws to prevent desecration of, how defended, 594.

police regulations regarding, 734.
SUPPORT,

of children, liability of father for, 420.

lateral, of lands, right to, 679, n.
SUPREMACY OF PARLIAMENT,

extent of, 4, 105, 108, 318.
SUPREME LAW,

Constitution, laws, and treaties of United States to be, 14.

of a State, constitution to be, 2, 3.
SURRENDER,

of fugitives from justice, 21, 22.
SUSPENSION OF LAWS,

when authorized must be general, 490.

for limitation of actions, 455, n.
SWAMPS,

drains for, 665, 741.
special assessments for draining, 635.

T.
TAKING OF PROPERTY,
of individuals for public use, 635, n., 651.

(See EMINENT DOMAIN; Taxation.)
TAX LAWS,
directory and mandatory provisions in, 89-93.

(See Taxation.)
TAX SALES,

curing defective proceedings in, by retrospective legislation, 477, 488.
what defects should avoid, 647–649.
deeds given upon, may be made evidence of title, 458, 459.
conditions to redemption from, 459, n.

(See Taxation.)
TAXATION,

and representation to go together, 32 and n., 73, n., 142, n., 205.
construction of grant of, 267, n.
right of, compared with eminent domain, 699.
exemptions from, by the States, when not repealable, 154, 341.
can only be for public purposes, 157, 211, 607, 616.
must be by consent of the people, 142, n.
license fees distinguished from, 245.
by municipalities, power of legislature over, 144, 260, 339.
reassessment of irregular, may be authorized, 255.
irregular may be confirmed by legislature, 377, 378.
necessary to the existence of government, 598.
unlimited nature of power of, 598–604.
of agencies of national government by the States impliedly forbidden,

600-604.

TAXATION, - continued.

of agencies of the States by the national government also forbidden, 602.
of the subjects of commerce by the States, 605, 731.
discriminations in, as between citizens of different States, 606.
legislature the proper authority to determine upon, 608-617.
apportionment essential to, 617.
taxing districts, necessity of, 618, 622.
apportionment not always by values, 618, 624.
license fees and other special taxes, 619.
assessments for local improvements, 619.

benefits from the improvement may be taken into the account, 619,

629, 636.
general provisions requiring taxation by value do not apply to these
assessments,

621.
taxation of persons or property out of the district is void, 623–628, 643.
must be uniform throughout the district, 625.
local assessments may be made in proportion to frontage, 632.

necessity for apportionment in such case, 632.
special taxing districts for drains, levees, &c., 634, 635.
taxation in labor for repair of roads, &c., 637.
difficulty in making taxation always equal, 639.
hardships of individual cases do not make it void, 639.
legislature must select the objects of taxation, 610.
exemptions of property from, 640, 641.
constitutional provisions which preclude exemptions, 642, 643.
special exemptions void, 641, n., 642, n.
legislative authority must be shown for each particular tax, 643–616.
excessive taxation, 656.
the maxim de minimis lex non curat not applicable in tax proceedings,

647.

what defects and irregularities render tax sales void, 648.
TEACHER AND SCHOLAR,

control of former over latter, 421.
TECHNICAL RULES OF CONSTRUCTION,

danger of resorting to, 75, n., 99, 99-102.
TELEGRAPHIC CORRESPONDENCE,

right to secrecy in, 375, n.
TEMPERANCE LAWS,

right of the States to pass, 725-727.
TENNESSEE,

divorces not to be granted by legislature, 133, n.
title of act to express the object, 172, n.
constitutional provision relating to amendment of acts, 184, n.
when acts to take effect, 192, n.
right of jury to determine the law in libel cases, 399, n.
protection to person and property by law of the land, 436, n.
constitutional provision respecting retrospective laws, 462, n.
liberty of speech and of the press in, 520, n.
privilege of legislators in debate, 356, n.
exclusion of religious teachers from office, 583, n.

TERRITORIAL LIMITATION,

to the powers of sovereignty, 2.
to the exercise of power by the States, 154, 155.
to municipal authority, 260.

to power of taxation, 622-627, 643.
TERRITORIES,

power of eminent domain in, 653.
legislation for, 33, n.

formation of constitutions by people of, 38–40.
TEST OATHS,

when may constitute a punishment, 321, 322.

forbidden in some States, 584, n.
TEXAS,

admission to Union, 10.
Mexican law retained in the system of, 35, n.
special statutes licensing sale of lands forbidden, 119, n.
divorces not to be granted by legislature, 133, n.
legislative rules regulating pardons, 140, n.
no act to be amended by mere reference to its title, 183, 184, n.
title of acts to express the object, 172, n.
right of jury to determine the law in libel cases, 399, n.
protection to person and property by law of the land, 436, n.
constitutional provision respecting retrospective laws, 462, n.
liberty of speech and of the press in, 522, n.
religious tests for office forbidden in, 583, n.

exclusions from suffrage in, 753.
THIRTEENTH AMENDMENT,

provisions of, 12, 361.
TIME,

loss of remedy by lapse of, 453-456.

and place are of the essence of election laws, 758, 759.
TITLE TO LEGISLATIVE ACT,

requirement that it shall state subject, &c., is mandatory, 97–99, 172–183.
TITLES OF NOBILITY,

States not to grant, 23, 41.
TOLERATION,

as distinguished from religious liberty, 580-582.
TOWN EXPENSES,
cannot embrace pay for lobby services, 166, n., 259, n.

(See Municipal Corporations.)
TOWNSHIPS,

importance of, in the American system, 239, n.
origin of, 228.
distinguished from chartered corporations, 296.
collection from corporators of judgments against, 297–303.
not liable for neglect of duty by officers, 302.
apportionment of debts, &c., on division, 292, 355.
indemnification of officers of, 224, 259.

(See MUNICIPAL CORPORATIONS.)
TRADE,

by-laws in general restraint of, 246, 247.

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