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LAW OF THE LAND, - continued.
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,
statutory privileges are not, 383.
rights in action are, 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 authorized,
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.
what necessary to give courts jurisdiction, 397-400.
consent cannot confer, 398-400.
in divorce cases, 400, 401, 405.
process must be served or substitute had, 402-404.
proceedings in rem and in personam, 403.
bringing in parties by publication, 403, 404.
no personal judgment in such case, 404, 406.
process cannot be served in another State, 403.
jurisdiction over guardianship of children in divorce cases, 405.
courts of general and special jurisdiction, and the rules as to ques-
tioning their jurisdiction, 406, 407.
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, 19, n., 410, n.
(See TAXATION; Eminent DOMAIN; POLICE POWER.)
LAWS, ENACTMENT OF,
LAWS IMPAIRING OBLIGATION OF CONTRACTS,
(See OBLIGATION OF CONTRACTS.)
LAWS, EX POST FACTO,
(See Ex Post Facto Laws; RETROSPECTIVE Laws.)
publication of accounts of, how far privileged, 448–451.
statements in course of, when privileged, 441-445.
(See JUDICIAL PROCEEDINGS.)
only gold and silver to be made, by the States, 15.
not to exercise executive or judicial powers, 87–116.
equality of, with other departments, 45, n., 47, n.
(See LEGISLATURES OF THE States.)
whether they are an exercise of judicial power, 109–114.
impropriety of, 110, 114, n.
not to be inquired into by courts, 135, 136, 186, 187, 208.
presumption of correctness of, 186, 187, 208.
enactments in excess of, are void, 3, 174.
distinguished from judicial, 91.
cannot be delegated, 116–125.
exercise of, will not give right of action, 208.
cannot extend beyond territorial limits, 127.
grant of, will not warrant exercise of executive or judicial powers,
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.
duty of, not to violate constitution, 185.
presumed correctness of motives, 186, 187.
privilege of, in debate, 445–447.
right of, to publish speeches, 457-460.
LEGISLATURES OF THE STATES, – continued.
but conditional legislation is not, 117.
nor making charters subject to acceptance, 118, 119.
nor conferring powers of local government, 118–125, 191.
irrepealable legislation cannot be passed, 125-127, 284.
but exemptions from taxation may be made, 127, 280, 514.
power of, limited to territory of the State, 127.
discretionary powers of, how restricted, 129.
courts no control over, 129.
enactment of laws by, 130–158.
must be under the constitutional forms, 130, 131.
parliamentary common law of, 130, 131, 134.
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.
but not by committees, 135.
members of, may be expelled, 133.
their privilege from arrest, &c.,
committees of, for collection of information, &c., 135.
power of, to terminate with session, 135.
journals of, to be evidence, 135, 136.
action of, to be presumed legal and correct, 135, 136.
motives of members not to be questioned, 135, 186, 187, 208.
“ lobby" services illegal, 136, and n.
bills, introduction and passage of, 137–141.
three several readings of, 80, 81, 139, 140.
yeas and nays to be entered on journal, 140.
vote on passage of, what sufficient, 141.
title of, formerly no part of it, 141.
constitutional provisions respecting, 81, 82, 141, n.
purpose of these, 142.
they are mandatory, 150, 151.
particularity required in stating object, 144, 145.
what is embraced by title, 148–150.
effect if more than one object embraced, 147, 148.
effect if act is broader than title, 148–150.
amended statutes, publication of, at length, 151, 152.
repeal of statutes at session when passed, 152.
signing of bills by officers of the houses, 152.
approval and veto of bills by governor, 153, 154.
governor's messages to, 155.
special sessions of, 155.
when acts to take effect, 155-158.
power of the courts to declare statutes unconstitutional, 159–188.
full control of, over municipal corporations, 192, 193, 226, 233.
legalization by, of irregular municipal action, 224.
of invalid contracts, 293, 371-381.
LEGISLATURES OF THE STATES, – continued.
of irregular sales, taxation, &c., 370-383.
not to pass bills of attainder, 15, 33, 259.
nor ex post facto laws, 15, 33, 264.
nor laws violating obligation of contracts, 15, 33, 127, 273.
(See OBLIGATION OF Contracts.)
insolvent laws, what may be passed, 293, 294.
right to petition, 349.
vested rights protected against, 351-397.
(See LAW OF THE LAND.)
control by, of remedies in criminal cases, 267–273.
in civil cases, 287–294, 361-367.
control of rules of evidence, 288, 367-369.
may change estates in land, 359-361.
and rights to property under the marriage relation, 360, 361.
limitation laws may be passed by, 364-367.
retrospective legislation by, 369-383.
(See RETROSPECTIVE LEGISLATION.)
privileges granted by, may be recalled, 383.
consequential injuries from action of, 384.
sumptuary laws, 385.
betterment laws, 386–389.
unequal and partial legislation, 389-397.
general laws not always essential, 389, 390.
special rules for particular occupations, 390.
proscriptions for opinion's sake, 390, 391.
suspensions of laws in special cases, 391, 392.
special remedial legislation, 389, 391.
special franchises, 393-397.
restrictions upon suffrage, 394.
power of, to determine for what purposes taxes may be levied, 488–492,
cannot authorize property to be taxed out of its district, 499-504.
must select the subjects of taxation, 514.
may determine necessity of appropriating private property to public use,
528, 538, 539.
authority of, requisite to the appropriation, 528.
cannot appropriate property to private use, 530, 531.
legal inviolability of, 307, n.
establishment of, under police power, 589.
special assessments for, 510.
(See LIBERTY OF SPEECH AND OF THE PRESS.)
(See PERSONAL LIBERTY.)
(See LIBERTY OF SPEECH AND OF THE PRESS.)
of discussion, 349.
of bearing arms, 350.
of petition, 319.
charters of, 24, n.
LIBERTY OF SPEECH AND OF THE PRESS,
Hamilton's reasons why protection of, by bill of rights, was not important,
opposing reasons by Jefferson, 258,
Congress to pass no law abridging, 414.
State constitutional provisions respecting, 414, n.
these create no new rights, but protect those already existing, 115, 416.
liberty of the press neither well defined nor protected at the common law,
censorship of publications, 417-419.
debates in Parliament not suffered to be published, 418.
censorship in the Colonies, 418, 419.
secret sessions of Constitutional Convention, 419.
and of United States Senate, 420.
what liberty of speech and of the press consists in, 420, 421, 422.
general purpose of the constitutional provisions, 421, 422.
rules of common-law liability for injurious publications, 422-425.
modification of, by statute, 430.
privileged cases, 425, 426.
libels upon the government indictable at the common law, 426.
prosecutions for, have ceased in England, 427.
sedition law for punishment of, 427.
whether now punishable in America, 428–130.
criticism upon officers and candidates for office, 431-441.
statements in the course of judicial proceedings, 441-445.
privilege of counsel, 442-445.
privilege of legislators, 445–447.
· publication of privileged communications through the press, 448-460.
publication of speeches of counsel, &c., not privileged, 448.
fair and impartial account of judicial trial is, 448.
but not of ex parte proceedings, 448, 449.
whole case must be published, 448, 449.
must be confined to what took place in court, 449.
must not include indecent or blasphemous matter, 449.
privilege of publishers of news, 451-457.
publishers generally held to same responsibility as other persons, 455.
not excused by giving source of information, 455.
nor because the publication was without their personal knowledge, 455.
nor by its being a criticism on a candidate for office, 455.
nor by its constituting a fair account of a public meeting, 455, 456.
criticisms by, on works of art and literary productions, 456, 457.
exemplary damages against publishers, 457.
publication of legislative proccedings, how far privileged, 457.