MAJORITY, what constitutes two thirds, 141. what sufficient in elections, 614. MALICE, presumption of, from falsity of injurious publications, 422, 455. MANDAMUS, to compel registration of voters, 602. to compel canvassers to perform duty, 623. MANDATORY STATUTES, doctrine of, 74-78. constitutional provisions always mandatory, 78-83, 140, 150. MANUFACTURING PURPOSES, whether dams for, can be established under right of eminent do- MARKETS, State power to regulate, 596. MARRIAGE, validating invalid, by retrospective legislation, 372. legislative control of rights springing from, 360, 361. (See DIVORCE; MARRIED WOMEN.) MARRIED WOMEN, exclusion of, from suffrage, 29, 599. statutes enlarging rights of, 61 n. testimony of, in favor of husband, 317, 318 n. invalid deeds of, may be validated by legislature, 377, 378. MARSHES, (See DIVORCE; DOWER.) draining of, and assessments therefor, 510, 511, 533. special statutes licensing sale of lands forbidden, 98 n. title of acts to express the object, 141 n.. protection of property by law of the land, 352 n. liberty of the press in, 415 n. tests of religious belief to public officers, 469. judges of, to give opinions to legislature, 40. MASSACHUSETTS, -Continued. protection of property by law of the land, 352 n. periodical valuations for taxation, 496. MASTER, of apprentice, control by, 340. of servant, power of, 341. of scholar, power of, 341. MAXIMS, of government, laws in violation of, 169, 170. for construction of statutes, a statute is to be construed as prospective, and not retrospec- such an interpretation shall be put upon a law as to uphold it, contemporary construction is best and strongest in the law, a statute is to be construed in the light of the mischief it was he who considers the letter merely, goes but skin deep into th statutes in derogation of the common law are to be construed an argument drawn from inconvenience is forcible in the law general principles, no man can be judge in his own cause, 410-413. consent excuses error, 181, 182, 409. the law does not concern itself about trifles, 520. that to which a party assents is not in law an injury, 181, 182. no man shall be twice vexed for one and the same cause, 47 - 54. necessity knows no law, 594. so enjoy your own as not to injure that of another, 573. MEANING OF WORDS, (See DEFINITIONS.) MEASURES AND WEIGHTS, regulation of, 596. . MEMBERS OF THE LEGISLATURE, power of, the houses to expel, 133, 134. publication of speeches by, 457-460. MICHIGAN, right of, to admission to the Union under ordinance of 1787, 28. right of married women to property in, 61 n. special statutes licensing sale of lands forbidden, 98 n. legislature of, not to grant divorces, 110 n. privilege of legislators from arrest, 134 n. title of acts to express the object, 142 n. when statutes of, to take effect, 156. protection of property by law of the land, 352 n. liberty of the press in, 416. religious belief of witness not to be inquired into, 478. MILITARY BOUNTIES, by municipal corporations, when legal, 219–229. MILITIA, power of Congress in respect to, 11. State laws concerning, 18. not to be called out on election days, 614. President exclusive judge when exigency has arisen requiring him MILL-DAMS, construction of, across navigable waters, 594. abatement of, as nuisances, 595. MILL-DAM ACTS, do not confer vested rights, 384. MINNESOTA, divorces not to be granted by legislature, 110 n. title of acts to express the object, 141 n. revenue bills to originate in lower house, 132 n. protection to property by law of the land, 852 n. liberty of the press in, 416 n. want of religious belief not to render witness incompetent, 478 n. MISCHIEF TO BE REMEDIED, may throw light on constitutional clause, 65. MISSISSIPPI, constitutional provision respecting divorces, 110 n. revenue bills to originate in lower house, 132 n. protection to property by law of the land, 352 n. religious test for office, 468, 469. MISSOURI, legislative licenses for sale of lands forbidden, 98 n. judges of, to give opinions to legislature, 40. restrictions upon legislative power in constitution of, 128 n. legislature of, not to grant divorces, 111 n. special legislative sessions in, 155 n. title of acts to express the object, 142 n. protection to property by law of the land, 352 n. liberty of the press in, 416. MONEY, Congress may coin and regulate value of, 10. States not to coin, 15. legal tender, 15. punishment of counterfeiting, 10, 18. bills for raising to originate in lower house in some States, 131, 132. MORTGAGES, right to possession under, cannot be taken away by legislature, 290, 291. MOTIVES, of legislative body not to be inquired into by courts, 135, 136, nor those of municipal legislative body, 208. good, when a defence in libel cases, 464. MUNICIPAL CORPORATIONS, question of formation or division of, may be submitted to people powers of local government may be conferred upon, 118 - 125, 191. may be authorized to engage in internal improvements, &c. 119, general view of the system, 189–192. legislature prescribes extent of powers, 191. charter of, the measure of their authority, 192. complete control of, by legislature, 192, 193, 170 n. whether it may compel them to assume obligations aside from their MUNICIPAL CORPORATIONS,—Continued. charter of, not a contract, 192. implied powers of, 194, 209, 210. charter to be strictly construed, 195. contracts, ultra vires, void, 196, 211, 212, 215 and n. powers thereof, 197. what by-laws they may make, 195, 198. must not be opposed to constitution of State or nation, 198. nor to charter, 198. nor to general laws of the State, 198. nor be unreasonable, 200. nor uncertain, 202, cannot delegate their powers, 204, 205. nor adopt irrepealable legislation, 206-208. nor preclude themselves from exercise of police power, 206– nor grant away use of streets, 207, 208. incidental injuries in exercise of powers give no right of action, 208. but not for refusal to perform duty, 212. powers of, to be construed with reference to the purposes of their will not include furnishing entertainments, 211. or loaning credit or making accommodation paper, 212. power of, to raise bounty moneys, &c. 219–229. legislative control of corporate property, 235 – 239. towns, counties, &c. how differing from chartered corporations, 240, judgments against, may be collected of corporators, 241 – 247. but only in New England, 246, 247. - not liable for failure of officers to perform duty, 247. liability to persons injured by failure, 247 - 253. must tax all property within their limits alike, 502. cannot tax property not lying within their limits, 500. bounds of, cannot be arbitrarily enlarged in order to bring in prop- erty for taxation, 500–504. obtaining water for, under right of eminent domain, 533. taking of lands for parks for, 533, 534 n. |