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INSOLVENT LAWS, - continued.

Congressional regulations supersede, 294.
what contracts cannot be reached by, 294.

creditor making himself a party to proceedings is bound, 294.
INSPECTION LAWS,

of the States, imposts or duties under, 15.

constitutionality of, 584, 585.
INSURRECTIONS,

employment of militia for suppression of, 11.
INTENT,

to govern in construction of constitutions, 55.
whole instrument to be examined in seeking, 57, 58.
in ineffectual contracts, may be given effect to by retrospective legislation,

372–383.
question of, in libel cases, 460–466.
in imperfect ballot, voter cannot testify to, 607.

what evidence admissible on question of, 611, 626.
INTEREST

in party, essential to entitle him to question the validity of a law, 163.
in judge, precludes his acting, 175, 410-413.

of money, illegal reservation of, may be legalized, 375, 376.
INTERNAL IMPROVEMENTS,

giving municipal corporations power to subscribe to, is not delegating

legislative power, 119 and n.
constitutionality of municipal subscriptions to, 213-219.
special legislative authority requisite, 215.
negotiable securities issued without authority are void, 215.
prohibition to the State engaging in, whether it applies to municipalities,

216–219.

retrospective legalization of securities, 379, 380.
INTERNATIONAL LAW,

equality of States under, 1.
INTERNATIONAL QUESTIONS,

States no jurisdiction over, 128.
INTERPRETATION,
meaning of, 38, n.

(See CONSTRUCTION OF State ConstitutIONS.)
INTIMIDATION,

of voters, secrecy as a protection against, 604, 605.

securities against, 614, 615.
INTOXICATING DRINKS,

power of States to require licenses for sale of, 581-584.
power of States to prohibit sales of, 581-584.
payment of license fee to United States does not give right to sell as

against State laws, 584.

furnishing to voters, 614.
INTOXICATION,

not an excuse for crime, 476, n.
is temporary insanity, 599.

INTRODUCTION OF BILLS,

for revenue purposes, 131, 132.

generally, 137, 138.
INVASIONS,

employment of militia to repel, 11.
INVENTIONS,

securing right in, to inventors, 10.
INVOLUNTARY SERVITUDE,

gradual abolition of, in England, 295–299.
as a punishment for crime, 299.

(See PERSONAL LIBERTY.)
IOWA,

legislature of, not to grant divorces, 110, n.
special legislative sessions, 155, n.
when statutes of, to take effect, 158.
title of acts to express the object, 142, n.
legislative regulations of pardons, 116, n.
liberty of the press in, 416, n.
disqualifications for suffrage, 599.
religious tests for office forbidden, 469.

religious belief not to be test of competency of witness, 478.
IRREGULARITIES,

in judicial proceedings, not inquirable into on habeas corpus, 347, 348.
do not render judicial proceedings void, 408.
waiver of, 409.
may be cured by retrospective legislation, 370-383.

effect of, upon elections, 617–619.
IRREPEALABLE LAWS,

legislature cannot pass, 125–127, 284.
Parliament cannot bind its successors, 126.
laws which constitute contracts are inviolable, 127.
whether essential powers of government can be bartered away, 280-284,

525.
municipal corporations cannot adopt, 206-208.

J.
JEOPARDY,

party not to be twice put in, for same cause, 325–328.
what constitutes, 326, 327.
when jury may be discharged without verdict, 327.
when nolle prosequi is an acquittal, 327.
second trial after verdict set aside, 327, 328.
acquittal on some counts is a bar pro tanto to new trial, 328.
varying form of the charge, 327.

duplicate punishments under State and municipal laws, 199.
JOURNAL OF THE LEGISLATURE,

is a public record, 135.
is evidence whether a law is properly adopted, 135, 136.
presumption of correct action where it is silent, 136, 136.

JUDGE,

disqualification of interest, 410-413.
not to urge opinion upon the jury, 320.

to instruct the jury on the law, 322.
JUDGE-MADE LAW,

objectionable nature of, 56, n.
JUDGMENTS,

conclusiveness of those of other States, 17.
general rules as to force and effect, 47–54.
must apply the law in force when rendered, 381.
are void if jurisdiction is wanting, 382, 398, 406, 413.
irregularities do not defeat, 347, 348, 408.

(See JUDICIAL PROCEEDINGS ; JURISDICTION.)
JUDICIAL DECISIONS,

of federal courts conclusive on questions of federal jurisdiction, 12.
of State courts followed in other cases, 13.

general rules as to force and effect of, 47-54.
JUDICIAL POWER,
of the United States, 19.

(See Courts OF THE UNITED STATES.)
not to be exercised by State legislatures, 87–114, 392.
what it is, 90–92, 347, n.
declaratory statutes not an exercise of, 93-95.
such statutes not to be applied to judgments, 94.
instances of exercise of, 95, 96.
is apportioned by legislature, 89, n.

legislature may exercise, in deciding contested seats, 133.
JUDICIAL PROCEEDINGS,

confirmation of invalid, by legislature, 107, 108, 370.
are void if court has no jurisdiction of the case, 397.
jurisdiction of subject-matter, what is, 398.

consent will not confer, 398.
if wanting, objection may be taken at any time, 398.
law encourages voluntary settlements and arrangements, 399.
arbitrations distinguished from, 399.
transitory and local actions, 399, 400.
jurisdiction in divorce cases, 400, 401.
necessity for service of process, or substitute therefor, 402-404.
proceedings in rem and in personam, 403.
bringing in parties by publication, 404.

no personal judgment in such case, 404, 406.

decree for custody of children, effect of, 405.
contesting jurisdiction, 406, 407.
courts of general and special jurisdiction, 406, 407.
record of, how far conclusive, 406, 407.
irregularities do not defeat, 347, 348, 408.

waiver of, 409.
judicial power cannot be delegated, 410.
right to jury trial in civil cases, 410, n.
judge not to sit when interested, 410-413.

JUDICIAL PROCEEDINGS, - continued.

statements in course of, how far privileged, 441-445.
publication of accounts of trials privileged, 448, 449.

bu must be fair and full, 448, 449.
and not ex , arte, 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.)
JURISDICTION,

of courts, disproving, 17, 406, 407.
want of, cannot be cured by legislation, 107.
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, wbat gives, 400, 401.
necessity for service of process, 402-404.
irregularities do not affect, 347, 348, 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.
of federal courts, 10–14, 19, 20, 294, 427.

in cases of habeas corpus, 345, 346.
JURY,

independence of, 320, 321 and n., 325, n.
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.
to be present during trial, 319.
jury to consist of twelve, 319, 562, n.

challenges of, 319.
must be from vicinage, 24, 319, 320.
must be left free to act, 320.
how far to judge of the law, 321-324, 414, n.

in libel cases, 460-463.
acquittal by, is final, 321, 322.
judge to instruct jury on the law, 322.
but not to express opinion on facts, 320.

nor to refuse to receive verdict, 320.
accused not to be twice put in jeopardy, 325–328.

what is legal jeopardy, 326, 327.
when jury may be discharged without verdict, 327.

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JURY TRIAL, — continued.

when nolle prosequi equivalent to verdict, 327.

second trial after verdict set aside, 327, 328.
right to counsel, 330-338.
constitutional right to jury trial in civil cases, 19, n., 410, n.

in case of municipal corporations, 233, n.
JUST COMPENSATION,
what constitutes, when property taken by the public, 559-570.

(See EMINENT DOMAIN.)
JUSTIFICATION,

in libel cases by showing truth of charge, 424, 464.
showing of good motives and justifiable occasion, 464-466.
unsuccessful attempt at, to increase damages, 438.

K.
KANSAS,

requirement of general laws when they can be made applicable, 129.
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.
republication of amendatory statutes, 151, n.
liberty of the press in, 416, n.
disqualifications for suffrage, 599, n.

religious test 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 bear ng arms excused, 468, n.
protection to property by law of the land, 351, n.

L.
LAW.
common, how far in force, 23, n.

(See Common Law.)
and fact, respective province of court and jury as to, 320-324, 460-463.

the jury as judges of, 321-324, 460–463.
LAW-MAKING POWER,

(See LEGISLATURES OF THE STATES.)
LAW OF THE LAND,

protection of, insured by magna c'arta, 351.
American constitutional provisions, 11, 15, 351, n.
meaning of the term, 353-357, 369, n.
vested rights protected by, 357.

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