DUTIES AND IMPOSTS,

to be uniform throughout the United States, 11.
what the States may lay, 19.
DWELLING-HOUSE,

is the owner's castle, 29, 367.

homicide in defence of, 377.

quartering soldiers in, prohibited, 378.

DYING DECLARATIONS,

admissible in evidence on trials for homicide, 393.

inconclusive character of the evidence, 393.

E.

EASEMENTS,

acquirement by the public under right of eminent domain, 651.
private, cannot be acquired under this right, 661-663.

(See EMINENT DOMAIN.)

ECCLESIASTICAL CORPORATIONS,

powers and control of, 580, n.

ELECTIONS,

on adoption of State constitutions, 35-39.

people exercise the sovereignty by means of, 751.

who to participate in, 752.

constitutional qualifications cannot be added to by legislature, 78, n.

exclusion of married women, aliens, minors, idiots, &c., 753.

conditions necessary to participation, 753, 756-759.

presence of voter at place of domicile, 754.

what constitutes residence, 755.

registration may be made a condition, 757.

preliminary action by the authorities, notice, &c., 758.

mode of exercising the right, 760.

the elector's privilege of secrecy, 760–764.
a printed ballot is " written," 761, n.
ballot must be complete in itself, 764.
technical accuracy not essential, 766-769.
explanations by voter inadmissible, 765.
must not contain too many names, 765.
name should be given in full, 766.

sufficient if idem sonans, 766.

what abbreviations sufficient, 766, 767.
erroneous additions not to affect, 768.

extrinsic evidence to explain imperfections, 769, 770.
ballot must contain name of office, 771.

but need not be strictly accurate, 771.
different boxes for different ballots, 771.
elector need not vote for every office, 772.
plurality of votes cast to elect, 772, 781.
effect if highest candidate is ineligible, 781.
freedom of elections, 773.

bribery or treating of voters, 773.

militia not to be called out on election day, 775.

ELECTIONS, — continued.

courts not to be open on election day, 773.
bets upon election are illegal, 774.

contracts to influence election are void, 774.

elector not to be deprived of his vote, 450, n., 776.
statutes which would disfranchise voters, 776.
failure to hold election in one precinct, 776.

liability of inspectors for refusing to receive vote, 777.
elector's oath when conclusive on inspector, 777.

conduct of the election, 778.

effect of irregularities upon, 778, 779.

what constitutes a sufficient election, 781.

not necessary that a majority participate, 781.

admission of illegal votes not to defeat, 782.

unless done fraudulently, 782.

effect of casual affray, 783.

canvass and return, 784.

canvassers are ministerial officers, 784.

canvassers not to question returns made to them, 785.

whether they can be compelled by mandamus to perform duty, 785.
contesting elections in the courts, 786.

canvassers' certificate as evidence, 788.

courts may go behind certificate, 787.

what surrounding circumstances may be given in evidence, 790.
whether qualification of voters may be inquired into, 791.

to legislative body, house to decide upon, 161.

EMANCIPATION,

of slaves in Great Britain and America, 13, 362–367.
of children by parents, 420.

EMERGENCY,

declaration of, 192, n.

EMINENT DOMAIN,

distinguished from ordinary domain of States, 650.

definition of, 652.

right of, rests upon necessity, 651.

cannot be bargained away, 343, 652.

general right is in the States, 653.

for what purposes nation may exercise right, 653, 654.

all property subject to right, 654.

exception of money and rights in action, 656.

legislative authority requisite to, 657.

legislature may determine upon the necessity, 657, 672.

conditions precedent must be complied with, 658.

statutes for exercise of, not to be extended by intendment, 660.

the purpose must be public, 661.

private roads cannot be laid out under, 661.

what constitutes public purpose, 663.

whether erection of mill-dams is, 666-669.

property need not be taken to the State, 671.

individuals or corporations may be public agents for the purpose, 672.

EMINENT DOMAIN,- continued.

the taking to be limited to the necessity, 674-676.

statute for taking more than is needed is ineffectual, unless owner assents,
675.

what constitutes a taking of property, 676.

incidental injuries do not, 676-680.

any deprivation of use of property does, 680.
water front and right to wharfage is property, 680.

right to pasturage in streets is property, 681.

taking of common highway for higher grade of way, 681.

if taken for turnpike, &c., owner not entitled to compensation, 682.
difference when taken for a railway, 683, 684.

owner entitled to compensation in such case, 687.
whether he is entitled in case of street railway, 687.

decisions where the fee of the streets is in the public, 688–693.
distinction between a street railway and a thoroughfare, 693, 694.
right to compensation when course of a stream is diverted, 696.
whether the fee in the land can be taken, 697-699.

compensation must be made for property, 699.

must be pecuniary, 699.

preliminary surveys may be made without liability, 700.

need not be first made when property taken by State, &c., 700.
sufficient if party is given a remedy by means of which he may obtain
it, 701.

time for resorting to remedy may be limited, 701.

waiver of right to compensation, 702.

when property taken by individual or private corporation, compen-
sation must be first made, 702.

tribunal for assessment of, 703.

time when right to payment is complete, 704.

principle on which compensation to be assessed, 705.

allowance of incidental injuries and benefits, 706, 707.

not those suffered or received in common with public at large, 710, 711.
if benefits equal damages, owner entitled to nothing, 711.

assessment of damages covers all consequential injuries, 712.
for injuries arising from negligence, &c., party may have action, 712.
ENABLING ACT,

to entitle Territory to form State constitution, 35, 36, 38.
ENGLAND,

(See GREAT BRITAIN.)

ENUMERATED POWERS,

United States, a government of, 10.

EQUALITY,

of protection guaranteed by the fourteenth amendment, 13.

of the several departments of the government, 56, n.

of rights and privileges, the aim of the law, 493.
grants of special privileges construed strictly, 493–497.
religious, 580-597.

EQUITABLE TITLES,

(See RELIGIOUS LIBERTY.)

may be changed by legislature into legal, 470 and n., 471.

ERRONEOUS JUDGMENTS,

may be overruled, 65.

when they should not be, 65.

ERRORS,

waiver of, in legal proceedings, 511.

judgments, &c., not void by reason of, 511.
curing by retrospective legislation, 461-479.

in conduct of elections, effect of, 772, 778-780.
ESSENTIAL POWERS OF GOVERNMENT,

taxation, eminent domain, &c., cannot be bartered away, 343, 346,
652.

ESTABLISHMENTS,

religious, are forbidden by State constitutions, 584.

ESTATES OF DECEASED PERSONS,

special legislative authority to sell lands for payment of debts is consti-
tutional, 118-129.

such acts forbidden by some constitutions, 119, n.

legislature cannot adjudicate upon debts, 124-126.

ESTATES IN LAND,

subject to change by the legislature before they become vested, 446.
but not afterwards, 114, n.

ESTOPPEL,

by judgment only applies to parties and privies, 60.

does not depend on reasons given by the court, 61.

does not apply in controversy about new subject-matter, 61.

of the State by its legislation, 88, n., 312, n.

of individuals by legislation, 117, 488.

EVASION,

of constitutional provisions, 169, n.

EVIDENCE,

by recitals in statutes, 117.

collecting by legislature, 163.

complete control of legislature over rules of, 353, 457–460.
conclusive rules of, not generally admissible, 458, 459.
confessions of accused parties as, 384–393.

dying declarations, when are, 392, 393.

search-warrants to obtain, not constitutional, 373, 376, n.
correspondence not to be violated to obtain, 376, n.

accused party not compelled to give, against himself, 384.

by accused parties in their own favor, 389, n.

against accused parties, to be given publicly, and in their presence,
383, 392.

communications by client to counsel not to be disclosed, 413.

in State courts, State laws control, 603, n.

to explain imperfections in ballots, 769, 788.

EVIL TO BE REMEDIED,

weight of, in construing constitutions, 79, 102, n.

what in view in requiring title of act to state the object, 173-175.
EXAMINATIONS,

of accused parties, when to be evidence against them, 384, 385.

EXCESSIVE PUNISHMENTS,

constitutional prohibition of, 408.

EXCESSIVE TAXATION,

renders tax proceedings and sales void, 646.

EXCISE TAXES,

Congress may lay, 11.

EXCLUSIVE PRIVILEGES,

grant of, 13, n., 346.

not to be taken by implication, 493–496.

strict construction of, 343, 346, 493-496.

are subject to right of eminent domain, 344.

EXECUTION,

exemptions from, may be increased without violating pre-existing con-
tracts, 351.

and may be recalled, 479.

imprisonment upon, may be abolished, 351.

EXECUTIVE,

construction of constitution by, 49–54.

weight of practical construction by, 83.

power of, to pardon and reprieve, 139, 140.
approval or veto of laws by, 186-188.

EXECUTIVE POWER,

what is, 110.

not to be exercised by legislature, 106, 138-141.
of the United States, 14.

EXECUTORS AND ADMINISTRATORS,

special statute, authorizing sales by, 118-129.
propriety of judicial action in these cases, 118.
legislature cannot adjudicate upon debts, 126.

EXEMPLARY DAMAGES,

against publisher of newspaper, 569.

EXEMPTIONS,

from taxation, when not repealable, 154, 342, 480, n.
power of the legislature to make, 640.

from public duties, &c., may be recalled, 276, 479.
of property, from right of eminent domain, 343.

of property, from police power of the State, 345.

from execution, may be increased without violating contracts, 351.
of debtor from imprisonment, 351, 422.

privilege of, may be made to depend upon residence, 498.

laws for, not to be suspended for individual cases, 490.

EX PARTE PROCEEDINGS,

how far binding on parties interested, 508.
publication of, not privileged, 560.

EXPECTANCY,

interests in, are not vested rights, 445-448.

EXPEDIENCY,

questions of, are legislative, 205-207.

EXPOSITORY ACTS,

(See DECLARATORY STATUTES.)