INTOXICATING LIQUORS-

nature of judicially noticed, § 303.

INTOXICATION-

statute allowing recovery of damages for, against vendors of liquors

and of renters, § 373.

held remedial, §§ 373-377.

actual damage necessary, § 374.

injury to person must be physical, § 374.

exemplary allowed only where there are aggravations, § 374.

exception in Ohio, § 374.

consequential injuries recoverable, § 374.

construction as to elements of damage, $$ 374, 376.

form of remedy and parties, §§ 376, 377.

JUDGMENT-

statute providing for obtaining, on motion strictly construed, §§ 393, 398.
construction of remedial statute as to effect of voluntary discharge from
arrest under, § 416

act to prevent delays in obtaining, remedial, § 435.

providing for docketing, how construed, § 451.

JUDICIAL KNOWLEDGE-

of public statutes, § 181.

of facts affecting them, SS 181-183, 292–312

of the common law, § 184

of other states, § 184.

of state statutes by federal courts, § 185.

of public law, §§ 293, 294.

commencement, expiration and repeal of statutes and their con-
struction, § 293.

of any decision that they are unconstitutional, § 293.

includes notice of all facts and proceedings which concern their

validity and interpretation, § 294.

may resort to history to do away with obscurity, § 294

of the common law and the fundamental law, § 295.

the law of nations, § 295.

the law merchant, § 295

of the antecedent laws, § 295

of matters so notorious as to be universally known, § 293.

matters within the cognizance of the particular court, § 293.

when acts done in pursuance of foreign law made effectual by domestic,

the former noticed, § 293.

of territorial divisions of state, § 295.

of corporations and institutions established by law, § 295.

of state laws by federal courts, § 293.

treaties, law of the land and judicially noticed, § 293.

of general customs, § 295

of meaning of C. O. D., § 295.

business of mercantile agencies, § 296.

JUDICIAL KNOWLEDGE (continued) -
commercial usages as to holidays, § 296.
customs of the road, § 296.

of the sea, § 296.

private statutes and by-laws not noticed, § 296.
nor municipal ordinances, § 296.

of existence of foreign nations, § 297.

their national emblems and flags and seals, § 297.
that they have judicial tribunals, etc., § 297.

and general nature of their jurisprudence, § 297.

supreme court maintained its appellate jurisdiction depending on
amount by taking notice of vast mining operations on the public
lands, § 298.

courts take notice of the result of an official census, § 298.

of derivation of land titles, § 298.

that a portion of state was in insurrection, § 298.

and under whose control, § 298.

that in consequence certain courts closed, § 298.

civil law suspended, § 298.

what law prevailed, § 298.

that the Confederate currency imposed by force, and at discount,
$298.

of the general facts relating to its emission, etc., § 306.

the accession of persons to office and the tenure under constitution
and laws, § 298.

the geography and topography of state, §§ 298, 304, 305.

the navigability of large rivers, § 303.

the history of state as to facts of general interest, § 298.

of the boundaries of state, § 298.

its civil divisions created by law, § 298.

of notorious surveys, streets, areas and lines, § 298.

of terms of courts fixed by law, § 298.

of their own officers, and records, § 299.

not of contents of record in another case, § 299.

garnishment not another case, § 299.

of facts in general, §§ 301-306.

of the character of a trade as to being a nuisance, § 301.

of gift enterprises, § 303.

of the seasons, § 302.

calendar, § 302.

that a patent was void for want of novelty, § 304.

of the course of nature, §§ 302, 305.

mortuary tables based on, § 302.

of the nature of liquors, § 303.

that coal oil inflammable, § 305.

of the course of agriculture, § 302.

when particular crops mature, § 302.

not of vicissitudes of climate, § 302.

of what is generally known in their jurisdiction, § 304.

JUDICIAL KNOWLEDGE (continued) -

of the art of photography, § 305.

of philosophic and scientific facts and principles, § 305.

that work of barber not one of necessity on Sunday, § 306.

of the nature of lotteries, of billiard tables, § 306.

of the character of the circulating medium and meaning of popular
language concerning it, § 306.

of the changes in the course of business and of new processes to facili-
tate it, § 306.

of railroad superintendent's general authority, § 306.

of the customary price of ordinary labor, § 306.

of meaning of well-known abbreviations, § 306.
that free masonry a charitable institution, § 306.

the usual duration of voyage across the Atlantic, § 306.
the ordinary incidents of railway travel, § 306.
that the language of all countries fluctuates, § 306.
the distance between well-known cities, § 306.

the speed of railway travel between them, § 306.
particular facts of state history, § 298.

JUDICIAL POWER-

what its exercise includes, § 5.

authority in exposition of law, § 5.

nature of, § 6.

determines what the law is, § 11.

and kind and measure of redress, § 11.

JUDICIARY -

its function to expound the laws, § 2.

what measure of judicial power vested in, § 5.

within province of, to decide as to validity of statutes, § 41.
JURISDICTION —

may be taken away by repeal of statutes conferring, § 165.
effect of, § 165.

effect of abolishing and restoring, on pending cases, § 165.
special, must be confined to enumerated subjects, § 380.
and exercised according to statute, §§ 394-396.
over waters, with reference to low-tide line, § 386.
towns may have co-extensive, § 386.
statutory, conferred on courts, how construed, § 391.

methods of obtaining, strictly construed, § 394.

of courts, not given or lost by implication, § 395.

not taken away by grant of similar to another tribunal, §§ 395–397.
granted by constitution, cannot be abridged or altered by legisla-

tion, § 397.

repeal of statute giving jurisdiction takes away power to proceed in
pending cases, § 464.

statutory, confined to enumerated cases, § 342.

when general, § 342.

granted by constitution, unalterable by legislature, § 397.

JURISDICTION (continued) -

statutory, act conferring construed strictly as to extent, liberally as to
mode of exercise, § 435.

of justices, as to penalty, § 438.

divorce, includes power to grant alimony, § 341.

incidental powers from, general and special, §§ 342, 343.

statutes assuming by regulating exercise of, confer, § 342.

granted to a court, to be exercised as such, § 342.

statutes not presumed to intend to oust, of superior courts, § 333.

a statute giving common council power to judge of the election of its
members does not oust the jurisdiction of the courts, § 384.

depending on junction of towns, § 437.

JURY-

held to mean a witness in a procedure act, § 423.

statutory provisions as to summoning, directory, § 449.

as to drawing, directory, § 452.

LAND GRANTS—

for public enterprises, how construed, § 379.

do not include right of public ferry, § 379.

to ascertain intent of, courts may consider condition of country and the
purpose declared on face of, § 379.

LANDLORD AND TENANT-

statute amending another affording summary remedy between, liber-
ally construed, § 435.

a decision of the supreme court is the, in subsequent proceedings, § 320.
LAWS-

in case of change of sovereignty, § 19.

of colonists, §§ 15, 16.

LAWS IMPAIRING OBLIGATION OF CONTRACTS –

recording laws affecting priority may be passed, § 474.

contracts may be validated by subsequent statute, § 474.

corporate charter not subject to be forfeited by statute for past acts,
which when done not cause, § 474.

state contracts within constitutional prohibition, § 475.

what impairment of prohibition prevents, § 475.

municipal power of taxation cannot be withdrawn to impair its capacity
to pay debts, § 475.

remedy within control of state, but cannot be so changed as to materiall;
affect obligation of contracts, §§ 476, 477.

how greatly may remedy be changed, § 478.
list of admissible changes, § 476.

LAWS IMPAIRING OBLIGATION OF CONTRACTS (continued) –
effect of mortgage cannot be changed, § 477.

mode of redemption may not be altered, § 477.

nor conditions of sale, § 477.

how far exemptions allowed, §§ 477, 478.

legislation not permitted to affect construction of existing contracts,
§ 478.

and parties entitled to a remedy as efficacious as when the contract
was made, § 478.

stay laws, § 478.

change of jurisdiction of courts to adjudge present payment or collec-
tion of debts, § 478.

imprisonment for debt may be abolished, § 478.

preventing mortgagee from taking possession before foreclosure, § 478.
shortening the time of redemption, § 478.

suspending the right to sue on the bond or note until after foreclosure,
$ 478.

.

prohibited by constitution, § 206.

laws affecting validity, construction, discharge or efficient enforcement,
S$ 471, 474.

prohibition applies to executed and executory contracts, § 472.

to corporate charters, SS 472, 473.

state cannot impair obligation of its contracts, § 472.

statutes granting franchises, bounties, patents, copyrights, etc., protected
against impairment, § 473.

prohibition does not permit any degree of impairment, § 474.

does not permit any change of the terms, § 474.

extends to change of law by judicial decision, § 474.

bankrupt or insolvent law for discharge of debtor prohibited, § 474.

or discharge by part payment, § 474.

laws of this effect prohibited, § 463.

what laws come within prohibition, §§ 471–479.

LEGISLATIVE INTERPRETATION-

when conclusive, § 307.

long, should be adhered to, § 311.

LEGISLATIVE JOURNALS-

not records at common law, § 44.

their force as evidence to affect validity of statutes, §§ 30-45.

records, when required by the constitution, § 44.

may be consulted for parliamentary history of an act, § 43.

silence of journals as to facts not required by the constitution to be en-

tered will not affect statute, $$ 46, 47.

entries necessary to show compliance with constitution in particulars

required by it to be there shown, § 48.

when there is power to dispense with readings on separate days the
cause need not be entered on, § 47.

LEGISLATIVE POWER-

distinct from other fundamental powers, § 2.

of federal government, vested in congress, § 4.