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CONTENTS.

CHAPTER I.

PLAN OF THE WORK.

......

OF STRICT CONSTRUCTION, AND OF LIBERAL OR EQUITABIÆ CON-

STRUCTION.

The Line separating Judicial Construction from Judicial Legislation.-Strict Con-

struction, and Liberal or Equitable Construction.-- Statutes when strictly con-

strued. Statutes conflicting with a Constitution or Fundamental Law.-Stat-

utes prescribing Forms of Procedure, Modes of Proof and of Practice.-Statutes

of Frauds.—Statutes of Wills.-Statutes of Limitations.-Statutes in derogation

of the Common Law.-Penal Statutes.-Revenue Laws.-Usury Laws.-Statutes

granting Franchises and Corporate Powers.--Statutes granting Exemptions from

General Burdens.--Statutes authorizing summary Judicial Proceedings.-Stat-

utes authorizing summary Administrative Proceedings.--Statutes of Explana-

tion. The Stamp Acts.-Statutes giving Costs.-Statutes when to be Liberally

or Equitably Construed.-Remedial Statutes.-Equity of a Statute.--When

Statutes treated as Directory merely.—General Rules ..
250

Additional Notes.-The literal Meaning when not to be followed, 255 Statutes in derogation of the

Common Law, Rule in relation to, discussed and applied in different Classes of Cases, 267-271.

Penal Statutes, 279, 280. Revenue Statutes, 288. Charters and Grants to Corporations, 291, 292.

Statutes derogating from Common Rights and Exemptions, 296, 297. Remedial Statutes, 308.

Equity of Statutes, 311. Liberal Construction, 312. Directory and Mandatory Provisions, Rules

for distinguishing between them, and numerous instances of each, 316-318.

LIMITATIONS IMPOSED UPON LEGISLATIVE POWER BY THE CON-

STITUTIONS OF THE SEVERAL STATES OF THE UNION.

The general Character of Constitutional Provisions regarded as Limitations upon

Legislative Power.--Principal Restrictions imposed by the State Constitutions.

--Guaranty of Private Property.- Trial by Jury.-Protection of Law.-

Searches and Seizures.- Taxation.- Police Regulations.-Titles of Bills.-

Amendments.-Repeal -Constitutional Majoritics.-Religious Tests.-Religious

Societies.-Creation of Judges.-Incorporations.-Trust Funds.— Divorces.—

Suits against the State....
... 404

Additional Notes.-Unconstitutional, in part, 413, 414. Implied Restrictions in the Constitution, 418.

Taking Private Property for Public Uses.-Eminent Domain.-Provisions of the State Constitu-

tions, 420-423. Taxation, 425-432, including Definition and General Principles, 425. Local Assess-

ments, 426-429. What Objects are Public, so that they may be made the Occasions of Local Taxa-

tion, 429, including Municipal Aid to Railroads, 429-431; ditto to Educational Institutions, 431 ; ditto

to other Private Enterprises, 431. Bounties to Volunteers, 432. Other Local Matters, 432. Police

Powers.-General Doctrine discussed, and numerous Illustrations and Examples, 435-437. Taking

Private Property for Public Uses.-Eminent Domain.-A full Discussion of the Doctrine, embrac

ing the following separate Notes: What can be taken, 442, 443. The question, "What is a Public

Use?" a Judicial one, 443, 444- The Necessity, Expediency, or Propriety of the Taking, 444-446.

What is a Public Use? numerous Examples of, 446-450. Who can take?
452, 453. What consti-

tutes a Taking of Private Property for Public Use, 454-459, embracing Indirect and Consequen-

tial Injuries, 455, 457. Illustrations of "Taking," 457. Imposing additional Easements, 458, namely,

Turnpikes and Plankroads, 458. Steam Railroads in Streets, 458. Horse Railroads in Streets, 458,

459. The Compensation, 463-467, including the General Doctrine, 463-466. Amount of, 466. Set-off

of Betterments or Benefits, 466, 467. Extent of the Taking, whether a Fee or an Easement, 472.

The Law of the Land” or “Due Process of Law."-Constitutional Provisions, 474, 475- Discus-

sion of the Guaranty, with Illustrations and Examples, 475-478. Trial by Jury.-Constitutional

Provisions, 482-486. A full Discussion of the Constitutional Guaranty, 486-495. This Note in-

cludes: General Principles as to Civil Cases, 486, 487. As to Criminal Cases, 487. 488. As to Equity

Suits, 488. As to Statutory Proceedings, 489. As to Special Proceedings, Private, 490; ditto, Pub-

lic, 490. Enlarging Jurisdiction of Inferior Courts, 490. Right of Appeal given, 491. Minor Offences

and quasi Criminal Proceedings, 491, 492. Preliminary Proceedings, 492. Constitution of the Jury,

and Incidents of the Trial, 493-495. Jury of Twelve, 493. What Changes permitted in the Qualin-

cations, &c., 493. Jury of the County or District, 493. Miscellaneous Incidents, 493, 494. Waiver of

the Right, 494, 495. Searches and Seizures, 500. Taxation under Special Provisions of many State

Constitutions.-Uniformity of Taxation, Discussion of the Provisions requiring all Taxes to be

Uniform, &c., with Illustrations of various Classes of Special Taxes, 503-506. Taxation and Repre-

sentation, 506. State and National Taxation, 507, 508. Certain special Constitutional Provisions,

509, 510. Religious Freedom, 512. Titles and Subjects of Statutes.-Constitutional Provisions,

518. A full Discussion of the Rules growing out of these Provisions, 519-530. Amendment of

Statutes,-Constitutional Provisions, 531. Discusion of these Provisions, 532. Majority of Two-

thirds, 533. Uniform Operation of General Laws.-Discussion of the Special Provisions in many

Constitutions, 534-536. Various Special Provisions in State Constitutions, 538-540.

LIMITATIONS IMPOSED UPON LEGISLATIVE POWER BY THE CON-

STITUTION OF THE UNITED STATES.

Clauses of the Federal Constitution which operate as Checks on Legislative Action.

-General Nature of the Legislative Power of the Union.-General Principles of

Constitutional Construction or Interpretation.-Interpretation and Application

of Particular Clauses.-Habeas Corpus.-Bills of Attainder.-Ex post facto Laws.

-Fugitives from Justice.-Fugitives from Labor.-Religious Freedom.-Free-

dom of Speech and of the Press.-Search Warrants and Seizures.-Only One

Trial for Offences.-Due Process of Law.-Compensation for Private Property

taken for Public Purposes.--Trial by Jury. --Excessive Bail and Cruel Punish-

ments.--The Obligation of Contracts.-Vested Rights.-Conclusion...... 544

Additional Notes.-Construction of certain Provisions in Arts. V, VI, and VII of the Amendments, 547,

548, 555- Treaties, effect of, 556. Ex post facto Laws, 557-561. Forfeitures and Confiscations, 557-

559. Kenewal of Penalty. 559. Increase or Change of Penalty, 559, 560. Changes in Proceedure,
Pleading, &c., 560. Civil Remedies, 561. Citizenship, 562-566. Privileges and Immunities of Cit-

izens under Art. IV, sect. 2, § 1, 562, 563; ditto, under Amendments XIV and XV, Discussion of

these Amendments, 563-566. Only One Trial for the same Offence.-Provisions of the State Con-

stitutions, 572. Jeopardy, the Rules in relation to, under State Constitutions, as well as the U. S.

Constitution, discussed, 573-575. Provision as to State Laws impairing the Obligation of Contracts.

-A Series of Notes in which this Subject is discussed in full: What Contracts are within this Pro-

vision? 581-589. Marriage, 581. Municipal Corporations, Charters of, and Contracts by, 582-584.

Permission to Sue the State, 584. Licenses, 584. Public Offices, 585. Charters of Private Cor-

porations, 585. Collateral Stipulations in such Charters, especially in reference to Taxation and the

Right of Eminent Domain, 586-588. What is included in the Contract, as forming a part of it? 589.

What is meant by the "Obligation of a Contract?" 603, 604. What State Laws impair the Obliga-

tion of Contracts, 605-622. Laws which apply directly to the Terms of the Contract, 606-609, viz.:

Insolvent Laws, 606; Laws affecting Private Corporations, 607; Laws affecting the Power of Tax-

ation, 608; and of Eminent Domain, 609. Laws which Operate directly upon the Remedy, 609-617,

viz.: What is the Remedy? 609; Stay Laws, 610; Exemption Laws, and Homestead Exemptions,

612; Arrest, 613; Statutes of Limitation, 613; Recording Acts, 614; Methods of Administering

Justice, Procedure, Evidence, &c., 614; Scaling Laws, 615; Redemption Laws, 615; Appraisement

Laws, 616; Miscellaneous, 616. Changing the Remedy, 617. Statutes affecting Municipal Corpora-

tions, 618. Laws incidentally affecting Contracts, 619. Extent of the Legislative Power when the

Right to alter, amend, or repeal Charters, &c., has been reserved, 620-622. Vested Rights.-Effect

of the Provisions protecting applied to various Classes of Statutes, 643-645.

TABLE OF CASES CITED.

Abbott v. Doling. 269.

v. Lindenbower, 142, 478.
v. Yost, 330.

Abercrombie v. Baxter, 615, 620.
Abington v. Duxbury, 161, 162.
Ablert . Pritchard, 103.
Abynst . Louisville, 426.
Adams . Bancroft, 289.

v. Beale, 109.
v. Corriston, 494.
r. Hamell, 69.

v. Hillyer, 56.

v. Howe, 515.

v. Palmer, 142.

r. Saratoga, &c. R. R. 296.

v. Wood, 43.

Adamson v. Davis, 613.

Addison v. Saulnier, 436, 503.

Agar v. Regent's Canal Co. 397.

Agent of State Prison v. Lathrop, 330.

Agew v. Platt, 622.

Aiken v. Western R. R. 227.

Ala. &c. Ins. Co. v. Boykin, 144.

American Home Miss. Soc. v. Wadhams,

185.

Ames v. Port Huron, &c. Co. 477. Amey. Mayor, 430.

Amsbry v. Hinds, 161.

Amy Warwick, the, 559.

Anderson v. Baker, 558, 559.

v. Commonwealth, 532.

v. Fisk, 645.

v. Kerns Drain Co. 447.

v. Turbiville, 464.

Andover, &c. Turnp. Co. v. Gould, 343.

Andrews, Ex parte, 512, 535.

v. Montgomery, 562.

v. N. Y. Bible, &c. Soc. 14.

v. Saucier, 414.

v. Wheeton, 359.

v. Worcester, &c. Ins. Co. 614..

Ann, the, 67.

Anonymous, 3, 111.

Antoni v. Wright, 607.

Apple v. Apple, 224.

Armington v. Barnet, 408, 442.

Ala. &c. R. R. v. Burkett, 467, 472, 607. Armstrong v. Berreman, 532.

In re, 371.

Albany &c. R. R. v. Brownell, 459, 619. Albany & North. R. R. v. Lansing, 460.

Albany St. Matter of, 445, 450, 472.

Alcorn v. Hamer, 135, 136, 426.
Alderman Blackwell's Case, 376.
Aldridge v. Mardoff, 200.

Alexander v. McKenzie, 585.

v. Milwaukee, 456.

v. State, 365, 378.

Alexander's, Mrs., Cotton, 559.

Allbyer v. State, 103, 535.

Allen v. Archer, 143.

v. Armstrong, 143.

v. Colby, 500.

v. Drew, 427.

v. Joy, 425, 431.

v. Miller, 277.

v. Staples, 500.

v. Watson, 13.

Allen Co. v. Silvers, 414.
Allison v. Smith, 371.

Almy v. Harris, 30, 75, 77, 344.
American Fur Co. v. U. S. 282.

v. Garrow, 88.

v. Jackson, 494.

v. State, 493.

v. Toler, 69.

v. Treasurer, &c. 631.

v. U. S. 74.

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