of the United States, to be the supreme law, 12. TREATING VOTERS, laws against, 614. TRIAL, special statutes authorizing sales by, constitutional, 97–106. rights of cestuis que trust not to be determined by legislature, 105. TRUTH, as a defence in libel cases, 424, 438, 464. necessity of showing good motives for publication of, 464. TURNPIKES, exercise of eminent domain for, 533. appropriation of highways for, 545. change of, to common highways, 546, n. TWICE IN JEOPARDY, punishment of same act under State and national law, 18. under State law and municipal by-law, 198, 199. TWO-THIRDS OF HOUSE, what constitutes, 141. (See JEOPARDY.) U. ULTRA VIRES, contracts of municipal corporations which are, 196, 211, 212, 215, n. UNANIMITY, required in jury trials, 320. UNCONSTITUTIONAL LAW, definition of the term, 3, 4. first declaration of, 160, n. power of the courts to annul, 159. whether jury may pass upon, 336, n. (See COURTS; STATUTES.) UNEQUAL AND PARTIAL LEGISLATION, local laws, or laws applying to particular classes, 390-393. suspensions of the laws must be general, 391, 392. equality the aim of the law, 393. strict construction of special burdens and privileges, 393–396. UNIFORMITY, division of powers between the States and Union, 2. Revolutionary Congress, and its powers, 6, 7. Articles of Confederation and their failure, 6-8. formation of Constitution of, 8. government of, one of enumerated powers, 9, 10, 173. its laws and treaties the supreme law, 12. judicial powers of, 12, 19. removal of causes from State courts to courts of, 12, 13. prohibition upon exercise of powers by the States, 15, 16. implied prohibition of powers to the States, 18. consent of, to formation of State constitutions, 30, 31. (See CONGRESS; CONSTITUTION OF UNITED STATES; COURTS OF UNITED UNJUST PROVISIONS, in constitutions, must be enforced, 72. in statutes, do not necessarily avoid them, 164-168. UNLAWFUL CONTRACTS, (See PARTIAL LEGISLATION.) (See ILLEGAL CONTRACTS.) UNMUZZLED DOGS, restraining from running at large, 595. UNREASONABLE BAIL, not to be required, 310. UNREASONABLE BY-LAWS, are void, 200. UNREASONABLE SEARCHES AND SEIZURES, (See SEARCHES AND SEIZURES.) UNWHOLSOME PROVISIONS, prohibiting sale of, 595. right to defence of, may be taken away by legislature retrospectively, 375, jury not to be controlled by judge in giving, 320. jury may return special, 321. but cannot be compelled to do so, 321. general, covers both the law and the facts, 321, 323. in favor of defendant in criminal case, cannot be set aside, 321, 322, 326. against accused, may be set aside, 323. in libel cases, to cover law and fact, 322, 460. to be a bar to new prosecution, 326. when defendant not to be deprived of, by nolle prosequi, 327. not a bar if court had no jurisdiction, 327. when jury may be discharged without, 327. set aside on defendant's motion, may be new trial, 327, 328. revenue bills to originate in lower house, 142, n. liberty of speech and the press in, 414, n. persons conscientiously opposed to bearing arms excused, 478. VESTED RIGHTS, not conferred by charters of municipal incorporation, 192, 193. not to be disturbed except by due process of law, 175, and n., 202, n., meaning of the term, 358, 370, 378. subjection of, to general laws, 358. interests in expectancy are not, 359, 361.` rights under the marriage relation, when are, 360, 361. 1 VESTED RIGHTS, continued. in legal remedies, parties do not have, 361, 362. exceptions, 290–292. statutory privileges are not, 383. in rights of action, 362. forfeitures of, must be judicially declared, 363, 364. do not exist in rules of evidence, 369. rights to take advantage of informalities are not, 370–378. VILLAGES AND CITIES, VILLEINAGE, (See MUNICIPAL CORPORATIONS.) in England, 295-298. VINDICTIVE DAMAGES, when publisher of newspaper not liable to, 457. VIRGINIA, special statutes licensing sale of lands forbidden, 98. in military service, municipal bounties to, 219–229. franchise of, cannot be made to depend on impossible condition, 363, n. whether qualifications of, can be inquired into in contesting election, 627. WAGERS, upon elections, are illegal, 615. WAIVER, W. of constitutional objection, 181, 182. of irregularities in judicial proceedings, 409. of objection to interested judge, 413. of right to full panel of jurors, 319. of right to compensation for property taken by public, 561. WAIVER,- continued. in capital cases, 319, n. of elector's right to secrecy, 606. WAR AND PEACE, power of Revolutionary Congress over, 6. control of questions concerning, by Congress, 10. WARD, control of guardian over, 341. special statutes for sale of lands of, 97-106. WARRANTS, general, their illegality, 300–302. service of, in criminal cases, 303. search-warrants, 303. (See UNREASONABLE SEARCHES AND SEIZURES.) WATER RIGHTS, right to front on navigable water is property, 544. right to use of, in running stream, 557. appropriation of streams under right of eminent domain, 526, 533. WATER-COURSES, navigable, and rights therein, 589–594. dams across, for manufacturing purposes, 534-536, 594, 595. bridges over, under State authority, 592, 593. licensing ferries across, 593. construction of levees upon, 533. flooding premises by, the liability for, 544. incidental injury by improvement of, gives no right of action, 592, n. WAYS, (See HIGHWAYS; PRIVATE ROADS; ROADS; STREETS.) WEIGHTS AND MEASURES, Congress may fix standard of, 10. regulation of, by the States, 596. WEST VIRGINIA, legislature of, not to grant divorces, 111, n. special laws for sale of lands of minors, &c., forbidden, 97, n. protection of property by law of the land, 352, n. liberty of speech and of the press in, 415, n. who excluded from suffrage, 599, n. imperfect, cannot be validated after title passed, 93, n. |