MUNICIPAL CORPORATIONS, — continued.

MUTE,

nor grant away use of streets, 207, 208.

incidental injuries in exercise of powers give no right of action, 208.
may indemnify officers, 209, 210.

but not for refusal to perform duty, 212.

may contract to pay for liquors destroyed, 211, n.

powers of, to be construed with reference to the purposes of their cre-
ation, 211.

will not include furnishing entertainments, 211.

or loaning credit or making accommodation paper, 212.

must be confined to territorial limits, 213.

power of, to raise bounty moneys, &c., 219-229.

legislative control of corporate property, 235-239.

towns, counties, &c., how differing from chartered corporations, 240, 247,
248.

judgments against, may be collected of corporators, 241–247.

but only in New England, 246, 247.

not liable for failure of officers to perform duty, 247.

chartered corporations undertake for performance of corporate duty, 247.
liability to persons injured by failure, 247-253.

corporate organization how questioned, 254.

imperfect acts of, may be validated, 373, 374, n., 379.

must tax all property within their limits alike, 502.

cannot tax property not lying within their limits, 500.

bounds of, cannot be arbitrarily enlarged in order to bring in property for
taxation, 500-504.

obtaining water for, under right of eminent domain, 533.

taking of lands for parks for, 533, 534, n.

power of Congress over, 10.

NAVIGABLE WATERS,

made free by ordinance of 1787, 25, n.

right of States to improve and charge toll, 26, n., 592.

what are, and what not, 589.

are for use of all equally, 590.

general control of, is in the States, 591.

Congressional regulations, when made, control, 591.

States cannot grant monopolies of, 591.
States may authorize bridges over, 592.
when bridges become nuisances, 592.
States may establish ferries across, 593.

legislature of, not to grant divorces, 110, n.

privilege of members of legislature from arrest, &c., 134, n.
title of acts to express the object, 141, n.
republication of amended statutes, 151, n.
liberty of the press in, 416, n.

religious tests forbidden in, 469, n., 478, n.
NECESSITY,

is the basis of the right of eminent domain, 524, 538.
extent of property to be taken is limited by, 539.
destruction of buildings to prevent spread of fire, 594.
NEGLIGENCE,

as a foundation for rights under betterment laws, 388.

carriers of persons may be made responsible for deaths by, 581.
in the construction of public works may give right of action, 571.
NEGOTIABLE PAPER,

when municipal corporations liable upon, 212, 215, and n.
NEVADA,

special statutes licensing sale of lands forbidden, 98.

legislature of, not to grant divorces, 110, n.

republication of amendatory statutes, 151, n.

when acts to take effect, 156, n.

special legislative sessions in, 155, n.

title of acts to express the subject, 142, n.

protection by the law of the land, 352, n.
liberty of the press in, 416, n.
religious liberty in, 478, n.
disqualifications for suffrage, 599, n.

NEW ENGLAND CONFEDERACY,

of 1643, why formed, 5.

NEW HAMPSHIRE,

judges of, to give opinions to legislature, &c., 40.
causes of divorce to be heard by courts, 110, n.

revenue bills to originate in lower house, 132, n.

approval of laws, 153, n.

retrospective laws forbidden in, 370.

protection by the law of the land, 352, n.

liberty of the press in, 414, n.

religious liberty in, 469, n., 478, n.

disqualifications for suffrage, 599, n.

NEW JERSEY,

special statutes licensing sale of lands forbidden, 98, n.

NEW JERSEY, - continued.

legislature of, not to grant divorces, 110, n.
title of acts to express the object, 142, n.

revenue bills to originate in lower house, 132, n.
liberty of the press in, 415, n.

religious tests forbidden in, 469, n.

disqualifications for suffrage, 599, n.

NEWSPAPERS,

publication of privileged communications in, 448-451.
whether they have any privilege in publishing news, 451.
privilege not admitted by the courts, 453–457.

when publisher not liable to vindictive damages, 457.
(See LIBERTY OF SPEECH AND OF THE PRESS.)

NEW STATES,

admission of, 27-37.

NEW TRIALS,

not to be granted by the legislature, 95, 392.

not granted on application of State in criminal cases, 321.

may be had after verdict set aside on application of defendant, 327, 328.
but not on counts on which he was acquitted, 328.

NEW YORK,

(See JEOPARDY.)

divorces only to be granted in judicial proceedings, 110, n.
title of private and local acts to express the subject, 142, n.
amendment of first constitution in, 31.

protection by law of the land, 352, n.

liberty of the press in, 414, n.

witnesses not rendered incompetent from want of religious belief, 478, n.
contested election of governor in, 623, n.

NOBILITY,

titles of, forbidden to be granted, 17.

NOLLE PROSEQUI,

when equivalent to acquittal, 327.

NON COMPOTÉS MENTIS,

legislative authority for sale of lands of, 97-106.

excluded from suffrage, 599.

NON-RESIDENT PARTIES,

subjecting to jurisdiction of court by publication, 403–406.

restricted effect of the notice, 404.

discrimination in taxation of, 487.

NORTH CAROLINA,

ratification of Constitution by, 8, 9.

legislature of, not to grant divorces, 111, n.

protection by the law of the land, 352, n.

liberty of the press in, 417, n.

infidels disqualified for holding office, 468.

NOTICE,

necessity for, in legal proceedings, 402-406.

bringing in non-resident parties by publication of, 403, 404.

of elections, when essential to their validity, 602, 603.

NUISANCE,

when bridges over navigable waters are, 593.

when dams are, and may be abated, 594, 595.
obstructions in navigable streams arė, 590, n.

forbidding use of cemeteries which have become, 595.
general power in the States to abate, 596.

created by public, not to be abated at expense of individual, 596, n.

OATH,

of attorneys, 330, 331, n.

test, may be punishment, 263, n.

0.

of voter, when conclusive of his right, 617.

blasphemy and profanity punishable by law, 471-476.
OBJECT OF STATUTE,

in some States required to be stated in title, 141-151.
OBLIGATION OF CONTRACTS,

States not to pass laws violating, 15, 33, 126, 273.
what is a contract, 273-281.

agreements by States are, 274, 275.

executed contracts, 275.

appointments to office are not, 276. /

municipal charters are not, 192, 193, 276.

franchises granted to municipal corporations are not, 277.
but grants of property in trust are, 277-279.

and grants of property for municipal use, 236.

private charters of incorporation are, 279.

whether an exemption from taxation is, 127, 280-284.
it is if granted for a consideration, 281.

whether right of eminent domain can be relinquished, 281.
or the right to exercise the police power, 282, 283.
change in general laws of the State does not violate, 284.
nor divorce laws, 284.

such laws not to divest rights in property, 284, 285.
what obligation consists in, 285-287.

remedies for enforcement of contracts may be changed, 287-289.
imprisonment for debt may be abolished, 287.

exemptions from execution may be increased, 287.
rules of evidence may be changed, 288.

but all remedy cannot be taken away, 289, 290.

repeal of statute giving remedy cannot destroy contracts, 290.
appraisement laws cannot be made applicable to existing debts, 290.
right to possession under mortgages cannot be taken away, 290.
nor time to redeem lands shortened or extended, 291.

laws staying execution, how far invalid, 292, 293.

when power of municipal taxation may not be taken away, 292.
stockholders liable for corporate debts may not be released by law, 292.
whether a party may release, by contract, a privilege granted for reasons
of State policy, 293.

when a contract requires new action to its enforcement, changes may be
made as to such action, 293.

new promise to revive a debt may be required to be in writing, 293.
laws validating invalid contracts do not violate Constitution, 293.
nor laws extending corporate franchises, 293.

State insolvent laws, how far valid, 293, 294.

effect of police laws, 574–584.

OBSCENITY,

in legal proceedings, not to be published, 449.

sale of obscene books and papers may be prohibited, 596.
OBSCURITIES,

aids in interpretation of, 65–73.

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

when bridges and dams to be considered such, 592–594.

when channels cut by private parties are private property, 590.

appointments to, do not constitute contracts, 276.
whether they pertain to the executive, 115, n.

right to, not to be contested on habeas corpus, 348, n.

OFFICER,

OHIO,

protection of dwelling-house against, 22, 299.

general warrants to, are illegal, 300–302.

may break open house to serve criminal warrant, 303.

service of search-warrant by,

(See SEARCHES AND SEIZURES.)

privilege of criticism of, 431-441, 455, 456..

constitutional qualifications cannot be added to, by the legislature, 64.
duty of, when doubtful of constitutional construction, 73, 74.

of the legislature, election of, 133.

de jure, who are, 618, n.

municipal, may be indemnified by corporation, 209, 490.

but not for refusal to perform duty, 212.

election of,

(See ELECTIONS.)

legislature not to grant divorces, or exercise judicial power, 111, n.
title of acts to express the object, 142, n.

general laws to be uniform, 63.

appointing power, how exercised, 115.

retrospective laws, what not to be passed, 370, n.

republication of amendatory statutes, 151, n.

liberty of the press in, 415, n.

religious tests forbidden, 469, n., 478, n.

impeachment of judges of, 160, n.

OMNIPOTENCE OF PARLIAMENT,

meaning of the term, 3, 4, 86.