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TAXATION, - Continued.

local assessments may be made in proportion to frontage, 507.

necessity for apportionment in such case, 508.
special taxing districts for drains, levees, &c. 509, 510.
taxation in labor for repair of roads, &c. 512.
difficulty in making taxation always equal, 513.
hardships of individual cases do not make it void, 513.
legislature must select the objects of taxation, 514.
exemptions of property from, 514, 515.
constitutional provisions which preclude exemptions, 515, 516.
special exemptions void, 515 n., 516.
legislative authority must be shown for each particular tax, 517 -

520.
excessive taxation, 520.
the maxim de minimis lex non curat not applicable in tax proceed-

ings, 521.

what defects and irregularities render tax sales void, 521 and note.
TEACHER AND SCHOLAR,

control of former over latter, 341.
TECHNICAL RULES OF CONSTRUCTION,

danger of resorting to, 83, 84 and note, 61 n.
TELEGRAPHIC CORRESPONDENCE,

right to secrecy in, 307 n.
TEMPERANCE LAWS,

right of the States to pass, 581 - 583.
TENNESSEE,

legislature of, not to grant divorces, 110 n.
retrospective laws forbidden in, 371 n.
protection by the law of the land, 353 n.
freedom of speech and of the press in, 415 n.
exclusion of religious teachers from office, 468 n.
religious tests in, 468 n., 469 n.

persons conscientiously opposed to bearing arms excused, 478 n.
TERRITORIAL LIMITATION,

to the powers of sovereignty, 2.
to the exercise of power by the States, 127, 128.
to municipal authority, 213.

to power of taxation, 499, 500 - 504, 516.
TERRITORIES,

power of eminent domain in, 525.

formation of constitutions by people of, 30, 31.
TEST OATHS,

when may constitute a punishment, 263, 264.

TEXAS,

admission of, to the Union, 9.
legislature of, not to grant divorces, 110 n.
legislative rules for regulation of pardons, 116.
title of acts to express the object, 142 n.
liberty of speech and the press in, 353 n.
exclusion of religious teachers from office, 468 n.
religious tests forbidden in, 469 n.

persons conscientiously opposed to bearing arms excused, 478 n.
TIME AND PLACE,

are of the essence of election laws, 602, 603.
TITLE TO LEGISLATIVE ACT,

requirement that it shall state subject, &c. is mandatory, 81-83

141 - 150.
TITLES OF NOBILITY,

States not to grant, 17, 33.
TOLERATION,

as distinguished from religious liberty, 467, 468.
TOWNSHIPS,

importance of, in the American system, 190 n.
origin of, 189.
distinguished from chartered corporations, 240.
collection from corporators of judgments against, 241 – 247.
not liable for neglect of duty by officers, 247.
apportionment of debts, &c. on division, 237, 290.
indemnification of officers of, 209, 212.

(See MUNICIPAL CORPORATIONS.)
TRAVEL,

obstructions to, on navigable waters, 592, 593.

regulating speed of, 588, 594.
TRAVERSE JURY,
trial of accused parties by, 319 – 328.

(See Crimes.)
TREATIES,

of the United States, to be the supreme law, 12.

States forbidden to enter into, 15.
TREATING VOTERS,

laws against, 614.
TRIAL

new, not to be granted by legislature, 95, 392.
of accused parties to be by jury, 309.

must be speedy, 311.
must be public, 312.

(See CRIMES. JURY TRIAL.)

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TRUSTEES,

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, 464.
TURNPIKES,

exercise of eminent domain for, 533.
appropriation of highways for, 545.

change of, to common highways, 546 n.
TWICE INJEOPARDY,

punishment of same act under State and national law, 18.
under State law and municipal by-law, 198, 199.

(See JEOPARDY.)
TWO THIRDS OF HOUSE,

what constitutes, 141.

U.

UNCONSTITUTIONAL LAW,

definition of the term, 3, 4.
first declaration of, 26 n.
power of the courts to annul, 159.

(See COURTS; STATUTES.)
UNEQUAL AND PARTIAL LEGISLATION,

special laws of a remedial nature, 389.
local laws, or laws applying to particular classes, 390-393.
proscription of parties for opinions, 390.
suspensions of the laws must be general, 391, 392. .
distinctions must be based upon reason, 393.
equality the aim of the law, 393. .
strict construction of special burdens and privileges, 393 - 396.

discrimination against citizens of other States, 397.
UNIFORMITY,

in construction of constitutions, 54.
in taxation, 495, 499.

(See TAXATION.)
UNITED STATES,

division of powers between the States and Union, 2.
origin of its government, 5.
Revolutionary Congress, and its powers, 6, 7.
Articles of Confederation and their failure, 6 - 8.
formation of Constitution of, 8.

UNITED STATES, - Continued.

government of, one of enumerated powers, 9, 10, 173.
general powers of, 10 - 12.
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.
guaranty of republican government to the States, 17.
implied prohibition of powers to the States, 18.
reservation of powers to States and people, 19.

consent of, to formation of State constitutions, 30, 31.
(See CONGRESS ; CONSTITUTION OF UNITED STATES ; Courts OF

UNITED STATES; PRESIDENT.)
UNJUST PROVISIONS,

in constitutions, must be enforced, 72.
in statutes, do not necessarily avoid them, 164–168.

(See PARTIAL LEGISLATION.)
UNLAWFUL CONTRACTS,

(See ILLEGAL CONTRACTS.)
UNMUZZLED DOGS,

restraining from running at large, 595.
UNREASONABLE BAIL,

not to be required, 310.
UNREASONABLE SEARCHES AND SEIZURES,

(See SEARCHES AND SEIZURES.)
UNWHOLESOME PROVISIONS,

prohibiting sale of, 595.
USAGE AND CUSTOM,

(See COMMON LAW.)
USURY,

right to defence of, may be taken away by legislature retrospec

tively, 375, 376.

V.

VALIDATING IMPERFECT CONTRACTS,
by retrospective legislation, 293, 371-381.

(See RETROSPECTIVE LEGISLATION.)
VALUATION,
of property for taxation, 496.

(See TAXATION.)
VERDICT,

jury not to be controlled by judge in giving, 320.

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VERDICT, — Continued.

judge cannot refuse to receive, 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.

or if indictment fatally defective, 327.
when jury may be discharged without, 327.
set aside on defendant's motion, may be new trial, 327, 328.
on some of the counts, is bar to new trial thereon, 328.

cannot be received from less than twelve jurors, 319.
VERMONT,

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.

betterment law of, 386.
VESTED RIGHTS,

not conferred by charters of municipal incorporation, 192, 193.
grants of property to corporations not revocable, 236, 275.
under the marriage relation, cannot be taken away, 284, 285.
not to be disturbed except by due process of law, 357.
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.
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.
time for enforcing may be limited, 364 - 367, 369.
do not exist in rules of evidence, 369.
rights to take advantage of informalities are not, 370 – 378.
or of defence of usury,

375.
VILLAGES AND CITIES,

(See MUNICIPAL CORPORATIONS.)
VINDICTIVE DAMAGES,

when publisher of newspaper not liable to, 457.

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