of the United States, to be the supreme law, 14.
States forbidden to enter into, 19.

TREATING VOTERS,

laws against, 773.

special statutes authorizing sales by, constitutional, 118-129.
rights of cestuis que trust not to be determined by legislature, 127.
municipal corporations as, 231, 339, n.

TRUTH,

as a defence in libel cases, 530, 549, 577.

necessity of showing good motives for publication of, 577.

TURNPIKES,

exercise of eminent domain for, 664, 665.

appropriation of highways for, 681.

change of, to common highways, 683, n.

TWICE IN JEOPARDY,

punishment of same act under State and national law, 24.

under State law and municipal by-law, 242.

TWO-THIRDS OF HOUSE,

what constitutes, 171.

(See JEOPARDY.)

U.

ULTRA VIRES,

contracts of municipal corporations which are, 237, 258, 259, 267, n.

UNANIMITY,

required in jury trials, 396.

UNCONSTITUTIONAL LAW,

definition of the term, 4.

first declaration of, 196, n.

power of the courts to annul, 194.

whether jury may pass upon, 415, n.

(See COURTS; STATUTES.)

in legal remedies, parties do not have, 448, 449.
exceptions, 355.

statutory privileges are not, 479.
in rights of action, 449.

forfeitures of, must be judicially declared, 451, 452.
time for enforcing, may be limited, 453-456, 460.
do not exist in rules of evidence, 460.

rights to take advantage of informalities are not, 461–472.
or of defence of usury, 468.

VILLAGES AND CITIES,

VILLEINAGE,

(See MUNICIPAL CORPORATIONS.)

in England, 362-365.

VINDICTIVE DAMAGES,

when publisher of newspaper not liable to, 469.
VIOLATING OBLIGATION OF CONTRACTS,

VIRGINIA,

(See OBLIGATION OF CONTRACTS.)

repeal of acts of Parliament in, 34, n.

special statutes licensing sale of lands forbidden, 119, n.
divorces not to be granted by legislature, 134.

exercise of the pardoning power restrained, 140, n.

revenue bills to originate in lower house, 160, n.

no act to be amended by mere reference to title, 183, 184, n.
compact with Kentucky, 335, n.

liberty of speech and of the press in, 522, n.

privilege of legislators in debate, 556, n.

religious tests for office forbidden in, 583, n.

excluded from suffrage in, 753.

franchise of, cannot be made to depend on impossible condition, 451, n.
constitutional qualifications of, cannot be added to by legislature, 78, n.
privilege of secrecy of, 761.

whether qualifications of, can be inquired into in contesting election, 790,
791.

(See ELECTIONS.)

W.

WAGERS,

upon elections, are illegal, 774.

WAIVER,

of constitutional objection, 219, 220.

right to defence of, may be taken away by legislature retrospectively, 468.

jury not to be controlled by judge in giving, 396.
judge cannot refuse to receive, 397.

jury may return special, 398.

but cannot be compelled to do so, 398.

general, covers both the law and the facts, 398, 400.

in favor of defendant in criminal case, cannot be set aside, 398, 399, 403.
against accused, may be set aside, 400.

in libel cases, to cover law and fact, 399, 572.

to be a bar to new prosecution, 403.

when defendant not to be deprived of, by nolle prosequi, 404.

not a bar if court had no jurisdiction, 404.

or if indictment fatally defective, 405.

when jury may be discharged without, 405.

set aside on defendant's motion, may be new trial, 405, 406.
on some of the counts, is bar to new trial thereon, 406.

cannot be received from less than twelve jurors, 395.

VERMONT,

revenue bills to originate in lower house, 160, n.

betterment, law of, 485.

liberty of speech and of press, 518, n.

privilege of legislators in debate, 556, n.

VESTED RIGHTS,

not conferred by charters of municipal incorporation, 233.

grants of property to corporations not revocable, 290–295, 334.

under the marriage relation, cannot be taken away, 348.

not to be disturbed except by due process of law, 212, 247, n., 442.
meaning of the term, 443, 461, 471.

subjection of, to general laws, 443.

interests in expectancy are not, 445, 447.

rights under the marriage relation, when are, 447. 1

imperfect, cannot be validated after title passed, 114, n.
WISCONSIN,

special statutes licensing sale of lands forbidden, 119, n.
divorces not to be granted by legislature, 133, n.
privilege of legislators 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.
time when acts take effect, 192.

restriction upon power to contract debts, 271.
liberty of speech and of the press, 520, n.

privilege of legislators in debate, 556, n.

religious tests for office forbidden in, 583, n.

religious belief not to be test of incompetency of witness, 596, n.
exclusions from suffrage in, 753.

WITCHCRAFT,

confessions of, 385.

WITNESSES,

power to summon and examine before legislative committees, 164.
accused parties to be confronted with, 392.

not compellable to be against themselves, 389-391, 494.
evidence by, in their own favor, 391, n.

not liable to civil action for false testimony, 551.

unless the testimony was irrelevant, 552, n.

competency and credibility of, as depending on religious belief, 596 and n.
testimony of wife on behalf of husband, 390, n.

in some States, on passage of laws to be entered on journals, 171.

Cambridge: Press of John Wilson & Son.

of irregularities in judicial proceedings, 511.

of objection to interested judge, 516.

of right to full panel of jurors, 395.

of right to compensation for property taken by public, 702.
in capital cases, 393, n.

of elector's right to secrecy, 763.

WAR AND PEACE,

power of Revolutionary Congress over, 7.

control of questions concerning, by Congress, 12.

WARD,

control of guardian over, 421.

special statutes for sale of lands of, 118-129.

WAREHOUSEMEN,

regulation of charges of, 742-746.

WARRANTS,

general, their illegality, 368-372.
service of, in criminal cases, 372.

search-warrants, 372.

(See UNREASONABLE SEARCHES AND SEIZURES.)

WATER RIGHTS,

right to front on navigable water is property, 680.
right of the States to establish wharf lines, 747.

right to use of, in running stream, 696.

appropriation of streams under right of eminent domain, 655, 665.
(See NAVIGABLE WATERS; WATER-COURSES.)

WATER-COURSES,

navigable, and rights therein, 735–741.

dams across, for manufacturing purposes, 666-669, 740.

bridges over, under State authority, 738, 739.

licensing ferries across, 739, 740.

construction of levees upon, 665, 741.

flooding premises by, the liability for, 680.

incidental injury by improvement of, gives no right of action, 738, n.
(See NAVIGABLE WATERS; WATER RIGHTS.)

WAYS,

(See HIGHWAYS; PRIVATE ROADS; ROADS; STREETS.)

WEIGHTS AND MEASURES,

Congress may fix standard of, 11.

regulation of, by the States, 749.

WEST VIRGINIA,

special statutes licensing sale of lands forbidden, 119, n.
divorces not to be granted by legislature, 134, n.

protection to person and property by law of the land, 437, n.

liberty of speech and of the press in, 519, n.

privilege of legislators in debate, 556, n.

religious liberty in, 583, n.

exclusions from suffrage in, 753.