CRIMES, committed abroad, punishment of, 155. legislative convictions of, prohibited, 19, 42, 317. ex post facto laws prohibited, 19, 42, 323. punishment of, by servitude, 366. search-warrants for evidence of. (See SEARCHES AND SEIZURES.) accusations of, how made, 379. presumption of innocence, 379, 381. right of accused party to bail, 380, 381. prisoner refusing to plead, 382. trial to be speedy, 382, 383. and public, 383. and not inquisitorial, 384. prisoner's right to make statement, 384-392. confessions as evidence, 385–392. prisoner to be confronted with the witnesses, 392. to be by jury, 379, 394. jury must consist of twelve, 394. right to jury cannot be waived, 395. prisoner's right to challenges, 395. jury must be from vicinage, 395, 396. must unanimously concur in verdict, 396. judge not to express opinion upon the facts, 397. but is to give instruction in the law, 399. accused not to be twice put in jeopardy, 403-406. when nolle prosequi equivalent to acquittal, 404. oath of, 409 and n. duty of, 409, 410, 413, 416. denial of, in England, 410. court to designate, for poor persons, 412. whether one may refuse to act, 412. privilege of, is the privilege of the client, 413 and n. not at liberty to withdraw from case, except by consent, 413. habeas corpus for imprisoned parties, 418-432. CRIMES, -continued. but privileged if made in course of judicial proceedings, 551, 553. CRITICISM, of works of art and literary productions is privileged, 568. of public entertainments and sermons, 563, n. CROWN OF GREAT BRITAIN, succession to, may be changed by Parliament, 105. CRUEL AND UNUSUAL PUNISHMENTS, for counterfeiting money, 25. under State and municipal laws, 242. CURATIVE LAWS, 460–479. CURTESY, ESTATE BY THE, power of legislature to modify or abolish, 447. CUSTODY, of wards, apprentices, servants, and scholars, 420, 421. of wife by husband, 419. of children by parents, 420, 431. of principal by his bail, 422. CUSTOMS, (See COMMON LAW; DUTIES AND IMPOSTS.). D. DAM, to obtain water power, condemnation of land for, 663, 666-669. erection of, across navigable waters by State authority, 740. DAMAGES, in libel cases, increased by attempt at justification, 547. for property taken by the public, must be paid, 699. DAMNUM ABSQUE INJURIA, what consequential injuries are, 481, 678. DEATH, common carriers may be made liable for causing, 725. DEBT, in Parliament, formerly not suffered to be published, 523. in American legislative bodies, publication of, 524, 525, 569, 572. (See FREEDOM OF SPEECH AND of the Press.) public, declared inviolable, 13. confederate, not to be assumed or paid, 13. DEBT, continued. imprisonment for, may be abolished as to pre-existing obligations, 351, 352. DEBTOR, control of creditor over, 422. DEBTS BY THE STATE, prohibition of, whether it precludes indebtedness by municipalities, 271. the peculiar feature in American government, 228. judicial, binding force of, 57-66. (See JUDICIAL PROCEEDINGS.) DECLARATION OF RIGHTS, was a declaratory statute, 315. (See BILL OF Rights.) DECLARATORY STATUTES, in English constitutional law, 29-32. are not encroachments upon judicial power, 112-115. DEDICATION, of lands to public use, 292, n., 706. DEEDS, invalid, may be confirmed by legislature, 470, 471. DEFENCES, not based upon equity, may be taken away by legislature, 461-479. DEFINITIONS, of a State, 1. of a nation, 1. of a people, sovereignty and sovereign State, 1. of a constitution, 2, 3. of an unconstitutional law, 4. of construction and interpretation, 48, 49. of self-executing provisions, 99-102. of legislative power, 110, 111, 113. of judicial power, 110-112, 115. of declaratory statutes, 112. of due process of law, 437. of law of the land, 437. of personal liberty, 418. of natural liberty, 493, n. of liberty of the press, 525, 527. of liberty of speech, 527. of religious liberty, 580–583. of taxation, 598. of the eminent domain, 651. of police power, 713. of domicile, 755. DELAWARE, revenue bills must originate in lower house, 160, n. right of jury to determine the law in cases of libel, 399, n. DELEGATION OF POWER, of judicial power, not admissible, 117. by the legislature not admissible, 145-152. except as to powers of local government, 145. DESCENT, LAW OF, 445-448. DESTRUCTION OF PROPERTY, to prevent calamities, 257-258, n. DIRECTORY STATUTES, what are, and what are mandatory, 89-95. doctrine of, not admissible as to constitutional provisions, 94-99. what are, 50-53. department to which they are confided decides finally upon, 50–53, 138, n. cannot be made in taxation between citizens of different States, 606. in legislation between different classes, 487-495. in the privileges and immunities of citizens, 13, 19, 20, 497, 753. right of, 432. (See LIBERTY OF SPEECH AND OF THE PRESS.) DISFRANCHISEMENT, of voters, may render a statute void, 776. what classes excluded from suffrage, 36-38, 88, 752, 753. for schools, powers of, 296, 302–304. exercise by, of power of eminent domain, 671. for taxation, necessity for, 617, 619. not to tax property outside, 622. taxation to be uniform within, 624. DIVISION OF POWERS, between sovereign States, 2. between the States and the Union, 2. among departments of State government, 42-46, 50, 107. DIVISION OF TOWNSHIPS, &c., question of, may be submitted to people, 144. disposition of property and debts on, 233, n. DIVORCE, DOGS, question of, is properly judicial, 132. power of the legislature over, 132, 133. general doctrine of the courts on the subject, 134. conflicting decisions, 134–136. legislative divorce cannot go beyond dissolution of the status, 137. laws for, do not violate contracts, 348. and may be applied to pre-existing causes, 325, n. actual residence of one party in the State sufficient, 502. not sufficient if residence merely colorable, 502. necessity for service of process, 501. cannot be served out of State, 505. substituted service by publication, 505, 506. order as to custody of children, 507. alimony not to be awarded if defendant not served, 508. police regulation of, 748. DOMAIN, ordinary, of the State, distinguished from eminent domain, 650. gives jurisdiction in divorce cases, 502. but must be bona fide, 502. of wife may be different from that of husband, 503, n. of one party, may give jurisdiction in divorce cases, 502. DOUBLE PUNISHMENT, for same act under State and municipal law, 242. for counterfeiting money, 25. DOUBLE TAXATION, sometimes unavoidable, 639. DOUBTFUL QUESTIONS, of constitutional law, duty in case of, 88, 89, 220-224. DOWER, legislative control of estates in, 447. DRAINS, appropriating property for purposes of, 665. DRUNKENNESS, does not excuse crime, 593, n. DUE PROCESS OF LAW, meaning of the term, 437, 460, n. DUPLICATE PUNISHMENTS, by States and United States, 24. |