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First Constitution had an introduction, but no preamble, 3-Intro-
duction included various resolutions and the Declaration of Inde-
pendence; people supreme, 4.-Introduction omitted in second
Constitution; preambles, 1821, 1846, 1894; purpose of preamble;
judicial construction, 5.-What is a constitution? 6.-Japan's con-
stitution, 1889; preamble, 7.-Early Roman law; use of term in
early colonial charters, 8.-English constitution; Governor Tryon
on colonial constitution; use of term in first convention, 9.—
Various definitions, 10.-Object of written constitution; adoption
of Constitution; amended Constitution, 11.-Amendment; who
may raise constitutional question, 12.-When question may be
raised; how question raised, 13.
PRINCIPLES OF CONSTRUCTION, 14-21.
In general, 14.-Aid to construction; doubtful construction not en-
couraged; existing statutes; legislative construction, 17.-Mean-
ing, when fixed; object; scope of Constitution; self-executing
provisions, 19.-Special term, 20.-Waiver, 21.
CONSTITUTIONS OF OTHER STATES, 21, 22.
Historical sketch, 38.-Trial by jury in colony, 39.-Application of
constitutional provision, 41.-Apprentice; assault and battery;
challenge, 42.-Contempt; corporations; counterclaim, 43.—Court-
martial; court cannot withdraw case from jury; damages; de-
cedents' estates; disorderly persons, 44.-Divorce; eminent do-
main; equity; equity actions, 45.-Evidence; excise, 46.— Ex parte
proceeding; habitual criminals; impartial jury; Indian lands, 47.—
Intoxication; justices' courts; liens, 48.—Misdemeanors, 49.-New
offense; New York charter; nuisance; penalties, 50.-Pleading;
procedure; public health; recognizance; referee, 51.-Special pro-
ceedings; special sessions, 52.-Summary proceedings; Sunday
law; venue; village ordinance; waiver, 53-
SEC. 3. RELIGIOUS TOLERATION, 54-65.
Historical sketch, 54.-Judicial construction, 55.-Convention of 1821,
56.-Competency of witnesses, 58.-Convention of 1846 amends
section, 60.-Sunday laws, 61.-Christianity the acknowledged re-
ligion of the people, 62.-Belief in divine healing no excuse for
neglect of parental duty, 64.
SEC. 4. WHEN WRIT OF HABEAS CORPUS NOT TO BE SUSPENDed, 65.
SEC. 5. EXCESSIVE BAIL, FINES, AND PUNISHMENTS PROHIBITED; RIGHTS
OF WITNESS, 65-68.
Origin of section, 65.-Cruel and unusual punishments, 66.—Ex-
cessive bail, 68.
Animals; barber law; bottling acts; Brooklyn, 91.-Contempt;
crimes, 92.-Drainage; elevators; excise, 93.-Forest preserve;
gambling; game, 94.-Indemnitors; insane persons; insurance
companies; jurors, 95.-Letters; license; liens; mileage books;
milk ordinances; monopolies; New York city, 96.-Niagara Res-
ervation, 97.-Nuisances; recognizance; summons, substituted
service; taxes, 98.-Trusts, 99.-Vinegar act; White Plains, 100.
Notice of injury; oleomargarine act, 108.-Partition, unknown
heirs; passage tickets; private roads; prizes with food products;
procedure, preferences in civil actions, 109.-Proceeding without
process; real estate sales in certain cities; receivers; redemption
on execution sale; sheriff's costs on attachment, 110.-Summary
proceedings against certain trespassers; tenement houses; transfer
tax; vaccination; villages, 111.-Vinegar; warehousemen; wit-
Private Property Cannot Be Taken for Public Use Without Com-
In general, 112.-Bicycle path; canals, 114.-Cause of action; ceme-
teries; compensation, 115.-Consequential damages; dower; drain-
age; foreign insurance companies, 117.—Franchise; highways, 118.
-Hudson river, riparian owner; muniments of title; oyster beds,
122.-Railroad aid; snow and ice; taxation; trade label; water,
General consideration of subject, 125-135.-Second taking, 127-131.-
Public use, 131-135.
SEC. 7. COMPENSATION FOR PRIVATE PROPERTY, HOW ASCERTAINED;
PRIVATE ROADS; DRAINAGE, 135-141.
Compensation, how ascertained, 136.-Notice, 137.-Jury; commis-
sioners, 138.-Private roads, 139.-Drainage, 140.
SEC. 8. FREEDOM OF SPEECH AND PRESS; EVIDENCE IN LIBEL CASES,
Freedom of press, 141.-Libel, 142.
SEC. 9. RIGHT TO ASSEMBLE AND PETITION; DIVORCES; LOTTERIES PRO-
Jay amendment, 152.-Dutch policy, 154.-English policy, 155.—
Treaty of 1701, 157.—Sir William Johnson's negotiations, 158.—
Fort Stanwix treaty of 1768; Governor Tryon's report, 159.—
Treaty of Paris, 1783, 162.-State policy, 163.-Chancellor Kent's
views, 164.-Judge Bronson's opinion, 167.-The Massachusetts
claim, 168.-Other judicial construction, 169-174.
SEC. 16. COMMON LAW CONTINUED, 175-178.
Governor Tryon on common law in province, 175.-Common law
continued by each Constitution; colonists carry laws of mother
country, 176.-Colonial legislation; charitable uses, 177.-Presump-
tion as to common law of other states, 178.
SEC. 17. ROYAL GRANTS AND CHARTERS PRESERVED, 178.