MORAL OBLIGATIONS, recognition of, by municipal bodies, 255–257. MORTGAGES, right to possession under, cannot be taken away by legislature, 356. of legislative body not to be inquired into by courts, 165, 225–227. good, when a defence in libel cases, 577. MUNICIPAL CORPORATIONS, question of formation or division of, may be submitted to people interested, powers of local government may be conferred upon, 143–152, 230. legislature prescribes extent of powers, 230. charter of, the measure of their authority, 231. complete control of, by legislature, 207, n., 230, 233. whether it may compel them to assume obligations aside from their ordi- charter of, not a contract, 233. implied powers of, 235, 254, 255. effect of changes in, 232, n. charter to be strictly construed, 235. contracts, ultra vires, void, 237, 257, 258, 267. negotiable paper issued by, when valid, 259, 267. may exist by prescription, 239. powers thereof, 239. what by-laws they may make, 235, 241, 242. must not be opposed to constitution of State or nation, 241. nor to charter, 242. nor to general laws of the State, 242. nor be unreasonable, 243. nor uncertain, 246. cannot delegate their powers, 248-250. nor adopt irrepealable legislation, 251-253. nor preclude themselves from exercise of police power, 251-253. incidental injuries in exercise of powers give no right of action, 253. but not for refusal to perform duty, 259. may contract to pay for liquors destroyed, 257, n. powers of, to be construed with reference to the purposes of their crea- will not include furnishing entertainments, 258. or loaning credit or making accommodation paper, 259. must be confined to territorial limits, 260. power of, to raise bounty moneys, &c., 273-281. legislative control of corporate property, 289–295, 339. towns, counties, &c., how differing from chartered corporations, 296, 303– judgments against, may be collected of corporators, 296–303. but only in New England, 301, 302. not liable for failure of officers to perform duty, 303. chartered corporations undertake for performance of corporate duty, 302. corporate organization how questioned, 311, 312. must tax all property within their limits alike, 625, 626. bounds of, cannot be arbitrarily enlarged in order to bring in property for taxation, 623-628. obtaining water for, under right of eminent domain, 665. power of Congress over, 11. NAVIGABLE WATERS, made free by ordinance of 1787, 34, n. right of States to improve and charge toll, 34, n., 738. what are, and what not, 735. are for use of all equally, 736. general control of, is in the States, 737. congressional regulations, when made, control, 737. States cannot grant monopolies of, 737, 738. States may authorize bridges over, 738. when bridges become nuisances, 739. States may establish ferries across, 739, 740. States may authorize dams of, 740. regulation of speed of vessels upon, 741. frontage upon, is property, 680. NAVIGATION, (See WATERCOURSES.) right of, pertains to the eminent domain, 651. NEBRASKA, (See NAVIGABLE WATERS.) divorces not to be granted by legislature, 133, n. privilege of legislators from arrest, 163, n. title of acts to embrace the subject, 172, n. no act to be amended by mere reference to its title, 183, 184, n. liberty of speech and of the press in, 521, n. religious tests for office forbidden in, 583, n. religious belief not to be test of incompetency of witness, 596, n. is the basis of the right of eminent domain, 652, 672, 673. as a foundation for rights under betterment laws, 486. carriers of persons may be made responsible for deaths by, 725. when municipal corporations liable upon, 268-271, n. special statutes licensing sale of lands forbidden, 119, n. title of act to embrace the subject, 173, n. no act to be amended by mere reference to its title, 183, 184, n. special legislative sessions, 190, n. protection to person and property by law of the land, 436, n. religious tests for office forbidden in, 583, n. religious belief not to be test of incompetency of witness, 596, n. NEW ENGLAND CONFEDERACY, of 1643, why formed, 6. NEW HAMPSHIRE, judges of, to give opinions to the governor and to the legislature, 51, n. revenue bills must originate in lower house, 160, n. approval of laws, 186, 187, n. municipalities restrained from aiding public improvements, 266, n. constitutional provision respecting retrospective laws, 462, n. liberty of speech and of the press in, 518, n. privilege of legislators in debate, 556, n. disqualifications from suffrage in, 753, n. NEW JERSEY, special statutes licensing sale of lands forbidden, 119, n. divorces not to be granted by legislature, 133, n. revenue bills must originate in lower house, 160, n. title of act to embrace the object, 172, 173, n. NEW STATES, admission of, 35-47. NEW TRIALS, not to be granted by the legislature, 116, 492. not granted on application of State in criminal cases, 398. may be had after verdict set aside on application of defendant, 405. NEW YORK, (See JEOPARDY.) amendment of constitution of, 40, n. divorces to be granted only in judicial proceedings, 133, n. approval of laws by governor of, 187. right of jury to determine the law in cases of libel, 399, n. privilege of legislators in debate, 556, n. religious liberty in, 584, n. religious belief not to be test of incompetency of witness, 596, n. publication of privileged communications in, 559-562. whether they have any privilege in publishing news, 563. privilege not admitted by the courts, 564-569. when publisher not liable to vindictive damages, 569. NOBILITY, (See LIBERTY OF SPEECH AND OF THE PRESS.) titles of, forbidden to be granted, 23. NOLLE PROSEQUI, when equivalent to acquittal, 404. NON COMPOTES MENTIS, legislative authority for sale of lands of, 118-129. excluded from suffrage, 753. NON-RESIDENT PARTIES, subjecting to jurisdiction of court by publication, 501–508. restricted effect of the notice, 506. discrimination in taxation of, 606. NORTH CAROLINA, ratification of constitution by, 9. divorces not to be granted by legislature, 133, n. protection to person and property by law of the land, 436, n. liberty of speech and of the press in, 521, n. religious tests for office in, 583, n. disqualifications from suffrage in, 753, n. NOTICE, necessity for, in legal proceedings, 504-509. bringing in non-resident parties by publication of, 504, 505. NUISANCE, liability of municipal corporations for, 311, n. NUISANCE, - continued. when dams are, and may be abated, 747. obstructions in navigable streams are, 736. forbidding use of cemeteries which have become, 747. general power in the States to abate, 748. created by public, not to be abated at expense of individual, 748, n. 0. ОАТН, of attorneys, 409, 410. test, may be punishment, 321, n. of voter, when conclusive of his right, 777. blasphemy and profanity punishable by law, 588-594. in some States required to be stated in title, 172–183. States not to pass laws violating, 19, 42, 153, 333. agreements by States are, 334, 335. executed contracts, 335. appointments to office are not, 336. municipal charters are not, 233, 336. franchises granted to municipal corporations are not, 338. but grants of property in trust are, 339. and grants of property for municipal use, 290. private charters of incorporation are, 339, 340. whether an exemption from taxation is, 154, 341, 342. it is if granted for a consideration, 342. whether right of eminent domain can be relinquished, 343. change in general laws of the State does not violate, 347. such laws not to devest rights in property, 348. what obligation consists in, 348–350. remedies for enforcement of contracts may be changed, 351–354. exemptions from execution may be increased, 352. but all remedy cannot be taken away, 354. repeal of statute giving remedy cannot destroy contracts, 355. laws staying execution, how far invalid, 357, 358. when power of municipal taxation may not be taken away, 358. when a contract requires new action to its enforcement, changes may be |