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IRREGULARITIES,

in judicial proceedings, not inquirable into on habeas corpus, 430, 431.
do not render judicial proceedings void, 511.
waiver of, 511.
may be cured by retrospective legislation, 462–179.

effect of, upon elections, 778-780.
IRREPEALABLE LAWS,

legislature cannot pass, 152–154, 347.
Parliament cannot bind its successors, 153.
laws which constitute contracts are inviolable, 154.
whether essential powers of government can be bartered away, 341-346,

652.
municipal corporations cannot adopt, 251–253.

J.
JEOPARDY,

party not to be twice put in, for same cause, 403-406.
what constitutes, 404.
when jury may be discharged without verdict, 405.
when nolle prosequi is an acquittal, 404.
second trial after verdict set aside, 405, 406.
acquittal on some counts is a bar pro tanto to new trial, 406.
varying form of the charge, 406.

duplicate punishments under State and municipal laws, 212.
JOURNAL OF THE LEGISLATURE,

is a public record, 164.
is evidence whether a law is properly adopted, 165.

presumption of correct action where it is silent, 165.
JUDGE,

disqualification of interest, 514-516.
not to urge opinion upon the jury, 397.

to instruct the jury on the law, 399.
JUDGE-MADE LAW,

objectionable nature of, 69, n.
JUDGMENTS,

conclusiveness of those of other States, 22.
general rules as to force and effect, 57-66.
must apply the law in force when rendered, 477.
are void if jurisdiction is wanting, 479, 499, 508, 516.
irregularities do not defeat, 430, 431, 511.

(See Judicial PROCEEDINGS; JURISDICTION.)
JUDICIAL DECISIONS,

of federal courts conclusive on questions of federal jurisdiction, 15.
of State courts followed in other cases, 16.

general rules as to force and effect of, 57–66.
JUDICIAL POWER,
of the United States, 26.

(See Courts OF THE UNITED STATES.)
not to be exercised by State legislatures, 104, 157, 492, 758.

1

JUDICIAL POWER, continued.

what it is, 110–112, 430, n.
distribution of, 109, n.
declaratory statutes not an exercise of, 112-115.
such statutes not to be applied to judgments, 116.
instances of exercise of, 115-117.
is apportioned by legislature, 109, n.

legislature may exercise, in deciding contested seats, 161.
JUDICIAL PROCEEDINGS,

confirmation of invalid, by legislature, 130, 131, 461.
are void if court has no jurisdiction of the case, 499.
jurisdiction of subject matter, what is, 499.

consent will not confer, 499.
if wanting, objection may be taken at any time, 499.
law encourages voluntary settlements and arrangements, 500.
arbitrations distinguished from, 500.
transitory and local actions, 501.
jurisdiction in divorce cases, 501, 502.
necessity for service of process, or substitute therefor, 504-506.
proceedings in rem and in personam, 505.
bringing in parties by publication, 505.

no personal judgment in such case, 506, 508.

decree for custody of children, effect of, 508.
contesting jurisdiction, 508, 509.
courts of general and special jurisdiction, 508, 509.
record of, how far conclusive, 508, 509.
irregularities do not defeat, 430, 431, 511.

waiver of, 511.
judicial power cannot be delegated, 512.
right to jury trial in civil cases, 513, n.
judge not to sit when interested, 514-517.
statements in course of, how far privileged, 551-556.
publication of accounts of trials privileged, 559, 560.

but must be fair and full, 560.
and not ex parte, 560-562.

and not contain indecent or blasphemous matter, 560.
JUDICIARY,

construction of constitution by, 54-57.
equality of, with legislative department, 56, n.
independence of, 57, n.
when its decisions to be final, 54-67.

(See Courts; JUDICIAL Power; JUDICIAL PROCEEDINGS.)
JURISDICTION,

of courts, disproving, 24, 508, 509.
want of, cannot be cured by legislation, 130.
of subject-matter, what it consists in, 499.
not to be conferred by consent, 499, 511.
if wanting, objection may be taken at any time, 499.
in divorce cases, what gives, 501, 502.
necessity for service of process, 501-507.

JURISDICTION, – continued.

irregularities do not affect, 430, 431, 511.
interest in judge, effect of, 511-517.
general and special, distinguished, 508, 509.
where it exists, proceedings not to be attacked collaterally, 511.
in tax proceedings, 622.
of federal courts, 11-18, 26, 360, 361, 535.

in cases of habeas corpus, 430–432.
JURY,

independence of, 396, 398 and n., 403, n.
JURY TRIAL,

how far required by United States Constitution, 25.
the mode for the trial of criminal accusations, 379-393.
importance of, 396, n.
must be speedy, 382.

and public, 383.

and not inquisitorial, 381.
prisoner to be confronted with witnesses, 392.
statement by prisoner, 388-391.

(See ConfessiONS.)
to be present during trial, 393.
jury to consist of twelve, 391, 704, n.

challenges of, 395.
must be from vicinage, 32, 395, 396.
must be left free to act, 396.
how far to judge of the law, 398-102, 518, n.

572-577.
acquittal by, is final, 398, 399.
judge to instruct jury on the law, 399.
but not to express opinion on facts, 399.

nor to refuse to receive verdict, 399.
accused not to be twice put in jeopardy, 403–106.

what is legal jeoparıly, 40+.
when jury may be discharged without verdict, 401, 403.
when nolle prosequi equivalent to verdict, 404.

second trial after verdict set aside, 401, 405.
right to counsel, 408-417.
constitutional right to jury trial in civil cases, 25, 513, n.
in cases of contempt, 394, n.

in case of municipal corporations, 288, n.
JUST COMPENSATION,
what constitutes, when property taken by the public, 699-712.

(See EMINENT DOMAIN.)
JUSTIFICATION,

in libel cases by showing truth of charge, 530, 577.
showing of good motives and justifiable occasion, 577, 578.
unsuccessful attempt at, to increase damages, 517.

in libel cases,

n.

K.
KANSAS,

power to grant divorces vested in the courts, 133, n.
exercise of the pardoning power restrained, 140, n.
requirement of general laws when they can be made applicable, 156, n.
privilege of legislators from arrest, 163, n.
title of acts to embrace the subject, 172, n.
no act to be amended by mere reference to its title, 183, 184, n.
restriction upon power to contract debts, 271.
liberty of speech and of the press in, 520, 521, n.
privilege of legislators in debate, 556, n.
religious tests for office forbidden in, 583, n.
religious belief not to be test of incompetency of witness, 596,

private property not to be taken without compensation, 703, n.
KENTUCKY,

special statutes licensing sale of lands forbidden, 119, n.
divorces not to be granted by legislature, 133, n.
revenue bills must originate in lower house, 160, n.
title of acts to embrace the subject, 172, n.
restriction upon power to contract debts, 271.
right of jury to determine the law in cases of libel, 399, n.
protection to person and property by the law of the land, 436, n.
compact with Virginia, 335, n.
liberty of speech and of the press in, 520, n.
privilege of legislators in debate, 556, n.
exclusion of religious teachers from office, 583, n.
religious liberty in, 583, n.
private property not to be taken without compensation, 703, n.

L.
LAW,
common, how far in force, 31, n.

(See Common Law.)
and fact, respective province of court and jury as to, 395–402, 572–577.

the jury as judges of, 397-402, 572-577.
LAW-MAKING POWER,

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

protection of, insured by magna charta, 435.
American constitutional provisions, 12, 13, 19, 436, n.
meaning of the term, 437–442, 460, n.
vested rights protected by, 413.

meaning of vested rights, 443, 461, 471.
subjection of, to general laws, 443, 444.
interests in expectancy are not, 445–448.
rights acquired through the marriage relation, 447.
legal remedies not the subject of vested rights, and may be changed,

448, 419.

LAW OF THE LAND, continued.

statutory privileges are not, 479.
rights in action are, 419.
forfeitures must be judicially declared, 450-452.
limitation laws may be passed, 453–456, 460.

rules of cvidence may be changed, 457, 458.
retrospective laws, when admissible, 460, 479.
cannot create rights in action, 460.

nor revive debts barred by statute of limitations, 460.
may cure inforınalities, 461-478.
may perfect imperfect contracts, 358, 462–474.
may waive a statutory forfeiture, 467, n., 468, n.
may validate imperfect deeds, 469-473.

but not as against bona fide purchasers, 472.
cannot validate proceedings the legislature could not have authorized,

477-479.

cannot cure defects of jurisdiction in courts, 478.
consequential injuries give no right to complain, 480.
sumptuary laws inadmissible, 483.
betterment laws, 481-487.
unequal and partial laws, 487-498.
invalid judicial proceedings, 499.
what necessary to give courts jurisdiction, 499–501.

consent cannot confer, 499, 500.
in divorce cases, 501, 502, 505.
process must be served or substitute had, 504, 505.
proceedings in rem and in personam, 505.
bringing in parties by publication, 504, 505.

no personal judgment in such case, 506, 508.
process cannot be served in another State, 505.

jurisdiction over guardianship of children in divorce cases, 507.
courts of general and special jurisdiction, and the rules as to ques-

tioning their jurisdiction, 508, 509.
irregular proceedings do not defeat jurisdiction, 511.
waiver of irregularities, 511.
judicial power cannot be delegated, 512.
judge cannot sit in his own cause, 514-515.

objection to his interest cannot be waived, 516.
right to jury trial in civil cases, 26, n., 513, n.

(See Taxation; EMINENT DOMAIN; Police POWER.)
LAWS, ENACTMENT OF,

(Sec STATUTES.)
LAWS IMPAIRING OBLIGATION OF CONTRACTS,

(See OBLIGATION of Contracts.)
LAWS, EX POST FACTO,

(See Er Post Facto Laws; RetrOSPECTIVE Laws.)
LEGAL PROCEEDINGS,

publication of accounts of, how far privileged, 559-562.
statements in course of, when privileged, 551-553.

(See JUDICIAL PROCEEDINGS.)

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