JUDICIAL PROCEEDINGS, -Continued. no personal judgment in such case, 404, 406. courts of general and special jurisdiction, 406, 407. irregularities do not defeat, 408. waiver of, 409. judicial power cannot be delegated, 410. judge not to sit when interested, 410-413. statements in course of, how far privileged, 441–445. publication of accounts of trials privileged, 448, 449. and not ex parte, 449 – 451. and not contain indecent or blasphemous matter, 449. JUDICIARY, construction of constitution by, 44 – 46. equality of, with legislative department, 45 n. independence of, 46 n. when its decisions to be final, 44 – 54. (See COURTS; JUDICIAL POWER; JUDICIAL PROCEEDINGS.) of courts, disproving, 17, 406, 407. of subject-matter, what it consists in, 398. not to be conferred by consent, 398,409. if wanting, objection may be taken at any time, 398. in divorce cases, what gives, 400, 401. necessity for service of process, 402, – 404. irregularities do not affect, 408. interest in judge, effect of, 410 – 413. general and special, distinguished, 406, 407. where it exists, proceedings not to be attacked collaterally, 408, 409. in tax proceedings, 499. JURY TRIAL, the mode for the trial of criminal accusations, 309, 319. importance of, 320 n. must be speedy, 311. and public, 312. and not inquisitorial, 313. prisoner to be confronted with witnesses, 318. jury to consist of twelve, 319. JURY TRIAL,- Continued. challenges of, 319. must be from vicinage, 319, 320. how far to judge of the law, 321–324. acquittal by, is final, 321, 322. judge to instruct jury on the law, 322. but not to express opinion on facts, 320. when jury may be discharged without verdict, 327. right to counsel, 330–338. constitutional right to jury trial in civil cases, 410 n. JUST COMPENSATION, what constitutes, when property taken by the public, 559-570. JUSTIFICATION, in libel cases by showing truth of charge, 424, 464. showing of good motives and justifiable occasion, 464 - 466. K. KANSAS, requirement of general laws when they can be made applicable, power to grant divorces vested in courts, 110 n. privilege of members of legislature from arrest, 134 n. title of acts to express the object, 141 n. legislative regulation of pardons, 116 n. liberty of the press in, 416 n. religious tests for office forbidden, 469. KENTUCKY, special statutes licensing sale of lands forbidden, 98 n. legislature of, not to grant divorces, 110 n. title of acts to express the object, 141 n. revenue bills to originate in lower house, 132 n. protection of property by law of the land, 352 n. persons conscientiously opposed to bearing arms excused, 468 n. LAW, L. common, how far in force, 23 n. (See COMMON LAW.) and fact, respective province of court and jury in regard to, 320- 324, 460 463. the jury as judges of, 321-324. in libel cases, 460-463. LAW-MAKING POWER, (See LEGISLATURES OF THE STATES.) LAW OF THE LAND, protection of, insured by magna charta, 351. vested rights protected by, 357. meaning of vested rights, 358, 370, 378. subjection of, to general laws, 358. interests in expectancy are not, 359–361. rights acquired through the marriage relation, 360, 361. legal remedies not the subject of vested rights, and may be changed, 361, 362. statutory privileges are not, 383. rights in action, 362. forfeitures must be judicially declared, 363, 364. limitation laws may be passed, 364 – 367, 369. - rules of evidence may be changed, 367 – 369. - retrospective laws, when admissible, 369 384. cannot create rights in action, 369. - nor revive debts barred by statute of limitations, 369. may cure informalities, 370 - 383. may perfect imperfect contracts, 293, 371-381. may waive a statutory forfeiture, 375 n., 376 n. may validate imperfect deeds, 376–379. but not as against bona fide purchasers, 378, 379. cannot validate proceedings the legislature could not have cannot cure defects of jurisdiction in courts, 382. consequential injuries give no right to complain, 384. sumptuary laws inadmissible, 385. betterment laws, 385 - 389. unequal and partial laws, 389-397. invalid judicial proceedings, 397. LAW OF THE LAND,-Continued. what necessary to gives court jurisdiction, 397–400. in divorce cases, 400, 401, 405. process must be served or substitute had, 402 - 404. no personal judgment in such case, 404, 406. jurisdiction over guardianship of children in divorce cases, courts of general and special jurisdiction, and the rules as to irregular proceedings do not defeat jurisdiction, 408. waiver of irregularities, 409. judicial power cannot be delegated, 410. judge cannot sit in his own cause, 410-413. objection to his interest cannot be waived, 413. right to jury trial in civil cases, 410 n. LAWS, ENACTMENT OF, (See STATUTES.) LAWS IMPAIRING OBLIGATION OF CONTRACTS, LAWS, EX POST FACTO, (See Ex Post Facto LAWS.) LEGAL PROCEEDINGS, - publication of accounts of, how far privileged, 448 – 451. LEGAL TENDER, only gold and silver to be made by the States, 15. - not to exercise executive or judicial powers, 87 – 116. LEGISLATIVE DIVORCES, whether they are an exercise of judicial power, 109 – 114. LEGISLATIVE MOTIVES, not to be inquired into by courts, 135, 136, 186, 187, 208. LEGISLATIVE POWERS, distinguished from judicial, 91. cannot be delegated, 116 - 125. grant of, will not warrant exercise of executive or judicial powers, LEGISLATIVE PROCEEDINGS, privilege of publication of, 457-460. members not to be questioned for words in course of, 445–447. contested elections of, to be decided by house, 133. privilege of, in debate, 445 447. right of, to publish speeches, 457–460. LEGISLATURES, COLONIAL, statutes adopted by, in force at Revolution, 25. power to originate amendments to State constitution, 31 and note. - powers of, compared with those of Parliament, 85, 86, 172, 173. delegation of legislative power inadmissible, 116–125. nor making charters subject to acceptance, 118, 119. but exemptions from taxation may be made, 127, 280, 514. courts no control over, 129. enactment of laws by, 130 - 158. must be under the constitutional forms, 130, 131. division of, into two houses, 131, 132. when to meet, 132. proroguement by executive, 132. rules of order of, 133. election and qualification of members, determination of, 133. contempts of, may be punished by, 133, 134. |