CONTRACTS — continued. cannot be made for individuals by legislative act, 527 and n. 1. of municipal corporation ultra vires void, 270–273. COPYRIGHT, Congress may secure to authors, 12. CORPORATE CHARTERS. See CHARTERS. CORPORATE FRANCHISES, may be appropriated under right of eminent domain, 756-759. adjudging forfeiture of, 149, n. 1. CORPORATE PROPERTY, legislative control of, 342-347. CORPORATIONS, private, may be authorized to take lands for public use, 776. See CHARTERS; MUNICIPAL CORPORATIONS. CORPUS DELICTI, not to be proved by confessions, 444. CORRESPONDENCE, private, inviolability of, 432 and n. 2. CORRUPTION, provisions against influencing legislation by, 196. COUNSEL, constitutional right to, 377, 474–482. duty of, 475-482. denial of, in England, 475-477. court to assign, for poor persons, 477. whether those assigned may refuse to act, 477. privilege of, is the privilege of the client, 477, 478. independence of, 479-481. not at liberty to withdraw from cause, except by consent, 478. how far he may go in pressing for acquittal, 479. duty of, as between the court and the prisoner, 480. whether to address the jury on the law, 480, 481. summary punishment of, for misconduct, 481, 482, 509, n. 3, 583, n. 1. See ATTORNEYS. may be employed before legislative committees, 196. but not as lobbyists, 196 and n. 2. not liable to action for what he may say in judicial proceedings, 631-633. unless irrelevant to the case, 633. not privileged in afterwards publishing his argument, if it contains in- COUNSEL continued. newspaper publisher not justified in publishing speech of a criminal re- COUNTERFEITING, Congress may provide for punishment of, 12. States also may punish, 46. COUNTIES AND TOWNS, difference from chartered incorporations, 347-349. are quasi corporations, 347-349. COUNTY SEAT, COURTS, See MUNICIPAL CORPORATIONS. duty of, to refuse to execute unconstitutional laws, 107, n., 118, 119, 227, contested elections to be determined by, 937. not to be directed by legislature in decisions, 134–139. action of, not to be set aside by legislature, 137, 138. may not control the executive, 162. must act by majorities, 139 and n. 1. not to be open on election days, 923. power to declare laws unconstitutional a delicate one, 227–229. will not be exercised by bare quorum, 230. nor unless necessary, 231. nor on complaint of one not interested, 232. nor of one who has assented, 232. will not declare laws void because solely of unjust provisions, 232–237. nor because conflicting with the spirit of the constitution, 239-241. special, for trial of rights of particular individuals, 560. of star chamber, 488. of high commission, 488. martial, 454, n. 1. of the United States, to be created by Congress, 13. general powers of, 22, 23. removal of causes to, from State courts, 25-31. to follow State courts as to State law, 31, 33. to decide finally upon United States laws, &c., 25, 26. require statutes to apportion jurisdiction, 47. have no common-law jurisdiction, 47. in what cases may issue writs of habeas corpus, 491–493. CREDIT, bills of, 35. CREDITOR, control of debtor by, 487. CRIMES, act beyond boundary, effect within, 177 and n. 3. committed abroad, punishment of, 176, 177. CRIMES-continued. legislative convictions of, prohibited, 36, 62, 368–371. ex post facto laws prohibited, 36, 62, 372-383. punishment of, by servitude, 423. search-warrants for evidence of. See SEARCHES AND Seizures. presumption of innocence, 437-439. right of accused party to bail, 437-439. prisoner refusing to plead, 439, n. 2. and public, 441. what is, 441 and n. 2. and not inquisitorial, 442 and n. 1, also 424, n. (a). prisoner to be confronted with the witnesses, 450. to be by jury, 453, 454. necessity for presence of the accused at his trial, 452. jury must consist of twelve, 454-459 and notes. State constitution may provide a jury of less than twelve, 454, n. (a), 458, n. (a). right to jury cannot be waived, 458. prisoner's right to challenges, 459. jury must be from vicinage, 459. must unanimously concur in verdict, 460. must be left free to act, 460. judge not to express opinion upon the facts, 460. how far jury may judge of the law, 461-465. acquittal by jury is final, 462. accused not to be twice put in jeopardy, 466. 461. what is legal jeopardy, 467, 468. when nolle prosequi equivalent to acquittal, 468. when jury may be discharged without verdict, 468–470. cruel and unusual punishments prohibited, 471-474. what are, 472, 473. counsel to be allowed, 377, 474-482. oath of, 474. duty of, 475-482. denial of, in England, 475-477. court to designate, for poor persons, 477. whether one may refuse to act, 477. privilege of, is the privilege of the client, 477, 478. not at liberty to withdraw from case, except by consent, 478, how far he may go in pressing for acquittal, 479. duty of, as between the court and the prisoner, 480. whether to address the jury on the law, 480, 481. summary punishment of, for misconduct, 481, 482, 509 and n. 3, and not to be made the instrument of injustice, 482. CRIMES - continued. intoxication no excuse for, 673, n. 4. habeas corpus for imprisoned parties, 483-497. See HABEAS CORPUS. but privileged if made in course of judicial proceedings, 629–631. CRITICISM, of works of art and literary productions is privileged, 644, 645. See LIBERTY OF SPEECH AND OF THE PRESS. CROWN OF GREAT BRITAIN, succession to, may be changed by Parliament, 125. CRUEL AND UNUSUAL PUNISHMENTS, CUMULATIVE PUNISHMENTS, under State and municipal laws, 279. CURTESY, ESTATE BY THE, power of legislature to modify or abolish, 513. CUSTODY, of wards, apprentices, servants, and scholars, 485, 486. of children by parents, 485. of principal by his bail, 486, 487. CUSTOMS. See COMMON LAW; DUTIES AND IMPOSTS. D. DAM, to obtain water power, condemnation of land for, 771-775. erection of, across navigable waters by State authority, 867. DAMAGES, in libel cases, increased by attempt at justification, 623, 624. DAMAGING, property in course of public improvements, 810-812. what consequential injuries are, 548, 549, 781-787, 810–812. action for, in State other than that in which caused, 181. common carriers may be made liable for causing, 843, 844. DEBATES, in Parliament formerly not suffered to be published, 600. in American legislative bodies, publication of, 600, 601, 650-652. DEBT, See LIBERTY OF SPEECH AND OF THE PRESS. general government may incur, 12. public, declared inviolable, 17. Confederate, not to be assumed or paid, 17. imprisonment for, may be abolished as to pre-existing obligations, 407. DEBTOR, control of creditor over, 487. DEBTS BY THE STATE, prohibition of, whether it precludes indebtedness by municipalities, 321- 325. DECENTRALIZATION, the peculiar feature in American government, 261. judicial, binding force of, 79-88. See JUDICIAL PROCEEDINGS. DECLARATION OF INDEPENDENCE, effect of, 8. DECLARATION OF RIGHTS, was a declaratory statute, 51, 65, 365, 366. See BILL OF Rights. DECLARATORY STATUTES, in English constitutional law, 49–53. are not encroachments upon judicial power, 134–137. DEDICATION, of lands to public use, 820. DEEDS, invalid, may be confirmed by legislature, 537-540. but not to prejudice of bona fide purchasers, 540. DEFENCES, not based upon equity, may be taken away by legislature, 537, 540, 553. DEFINITIONS, of a State, 3. of a nation, 3. of a people, sovereignty, and sovereign State, 3. of a constitution, 4. of an unconstitutional law, 5. of construction and interpretation, 70, 71. of self-executing provisions, 121. of legislative power, 131, 132. of judicial power, 132-134. of declaratory statutes, 134, 135. of due process of law, 502. of personal liberty, 483. |