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Index to. Annotation

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Executors and administrators

Continued

jury trial in adjustment of ac-
counts, 59

jury trial in proceeding for pos-
session of property, 61
summary proceedings for possession
of property, 126

Exemptions (see also infra, Taxa-
tion)

property rights in, 112
Existing law as aid to constitutional
construction, 23

Existing statutes as affected by adop-
tion of constitution, 34

Explosions and explosives, manufac-
ture in tenement houses, 120
Extradition, review of warrant on
habeas corpus, 129

Factories (see also infra, Labor)

night employment of women regu-
lated, 240

ventilation, 240

Farriers, see infra, Horseshoeing
Fees, see infra, Public officers
Ferries, condemnation for ferry pur-
poses, 159

Fertilizers, manufacture within city,
94

Final judgments and orders -

decision as final judgment, 431
definition, 430

new hearing in special proceeding,

431

setting aside special assessment,
431

vacating judgment in condemnation
proceeding, 431

Firearms, see infra, Weapons
Fire department

regulation of, 47

rules affecting freedom of speech,
186

Fires-

moving picture machines regulated,
246

protection from fires in tenements,
246

storage of inflammables, 119, 246
Fire sales, see infra, Sales
Fish-

exclusive fishing privileges, 341
importation as subject to police
power, 236

oyster beds as within police power,
233

oyster bed under navigable water
as private property, 165
police power to regulate fishing,

235

regulation of fishing in private
lake, 122

supervisor's power to enact regula-
tions, 373

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definition, 110

elective franchise protected, 48
forfeiture waived by special act,
339

grant by general law, 331

grant by special legislation, 340-
344

protection against confiscation, 167
special franchise as property, 483
taxation, 256

Fraud, prevention as within police
power, 247

Fraudulent conveyances, sales in bulk
acts, 50, 94, 118

Freedom, see infra, Liberty; Liberty
of speech and press; Religious
liberty

Freedom of contract.

following lawful vocation, 87
formation of partnership, 88
guaranteed by constitution, 86
hours of labor in bakeries, 53
labor contracts. 103

Freedom of contract

Index to Annotation

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Continued

stipulations against joining labor
unions, 53

use of lawful business agency, 87
Free passes, see supra, Carriers
Fundamental rights violated by con-
stitution, 33
Game -

importation as subject to police
power, 236

police power over game, 235
possession of game prohibited, 121
Gaming (see also infra, Lotteries)
judicial review of legislative meas-
ures, 187

policy gaming, 189

pool selling as gaming, 188
prize contest as gaming, 188
provision not self-executing, 187
Garbage, see infra, Municipal corpora-
tions

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Habeas corpus

procedure, 65

- Continued

review of extradition warrant, 129
suspension of writ, 64

Hawkers, see infra, Peddlers
Health (see also supra, Drainage;
Food)

children as subjects of protection,
244

delegation of legislative power to
board of health, 224

exclusion of unvaccinated persons
from public schools, 91

exhibition of child as dancer, 52
garbage regulations, 51

jury trial for violation of sanitary
code, 58

limiting hours of labor of women,
104

police power to enact health laws,
236-244

qualifications of persons engaged in
public pursuits, 98

quarantine regulations, 243

refuse from

tarium, 117

tuberculosis

stagnant water, 242

sani-

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Highways-Continued

Index to Annotation

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ratification of defective proceed-
ings, 333

removal of soil as injury to abut-
ter, 168

sheriff as eligible for highway com-
missioner, 527

snow on sidewalks as within police
power, 249

street railroad's liability to repave
street, 136

street railway as additional burden,
171

streets as highways, 331

subway under street, 173

towns as liable for defective high-
ways, 507

viaduct as addition burden, 173
waterways, 332

History as aid to constitutional con-
struction, 23

Horeshoeing (see also supra, Li-
censes)

regulation under police power, 98,

234

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Injuries to private property, see
supra, Eminent domain
Innkeepers -

common-law lien recognized, 196
lien on third person's property in
possession of guest, 118

In rem proceedings, due process of
law, 126

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residence of inmate of asylum, 206
summary commitment after ac-
quittal on criminal charge, 139
waiver of jury trial in commit-
ment proceedings, 62

Inspection, see infra, Physical ex-
amination

Insurance

-

agent's compensation as subject to
police power,
232

character as public business, 250

Index to Annotation

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Insurance - Continued
mutual fire company converted

into stock corporation, 485
regulation of insurance business,
100

Intent as guide to construction, 9
Interest, special act regulating, 336
Interference (see also infra, Liberty;
Trade or calling)

liberty to interfere with rights of
others, 89

Interpretation of constitution, 9
Intoxicating liquors

civil damage acts, 122

jury trial in excise cases, 59
limitation on use of premises used
for sale of liquor, 122

power to regulate liquor traffic,
122

property rights of, 106

regulation under police power, 247
reissue of liquor certificate after
revocation, 122

restraints as to premises used for
sale of liquors, 92
seizure of liquors, 138

tax certificate as property, 54, 211
Intoxication -

commitment of inebriate, 135
jury trial on charge of intoxica-
tion, 59
Jeopardy-

arbitrary discharge of jury, 70
correction of erroneous judgment,
71

discharge of jury for cause, 70
increase in punishment on convic-
tion within commutation period,
71
penalty in addition to criminal
prosecution, 72

preliminary examination as jeop-
ardy, 70

retrial of counts disregarded in
verdict, 70

retrial on reversal of illegal judg-
ment, 71

review of judgment, 70

verdict annulled at instance of
prosecution, 70

waiver of constitutional provision,
72

Joint resolution as statute, 289
Joint stock companies, president or
treasurer as corporation sole, 490
Journals of convention as aid to in-
terpretation, 22

Judges (see also infra, Justices of
the peace)

abridgment of terms of local judi-
cial officers, 462

administrative duties of supreme
court justices, 406

age restrictions, 438

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public trust in connection with
judicial office, 436

review by judge of his own de-
cision, 413

supreme court justices authorized
to call for military aid, 380
term of supreme court justices,
417

three months clause as to filling
vacancies, 418

vacancies in supreme court, 417
Judgments

correction of erroneous judgment
as former jeopardy, 71
property rights in, 108

rendition on claim not stated in
complaint, 135

Judicial decisions, see supra, Re-
ports of judicial decisions
Judicial departments, 409
Judicial powers (see also supra,
Courts; Judges)

exercise by legislature, 218-220
Judicial sales, referees to sell, 407
Judiciary, see supra, Courts; Judges
Jurisdiction, see supra, Appellate di-
vision; Court of appeals; Courts;
Judges; infra, Supreme court
Jury

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cases subject to jury trial, 57-62
commitment of prostitutes without
jury trial, 47

common-law forms retained, 56
common-law jury implied, 55
common-law right of challenge, 196
condemnation proceedings, 180-182
de facto jury, 55
definition, 55

discharge of jury as affecting
jeopardy, 70

dispensing with jury trial in local
or inferior courts, 458
equitable matters in action triable
by jury, 61

exclusion during discussion of
legal question, 56

extension of right of trial by stat-
ute, 57

extent of right to jury trial, 57-62

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right to jury trial limited to judi-
cial proceedings, 57
selection of jury, 55

separate trial of issues, 56
special act drawing jury, 336
test oath, 57

trial in equitable actions, 60-62
trial by jury as element of due
process, 129

view by jury in absence of accused
and counsel, 69

waiver of jury trial, 62
Justices of supreme court, see supra,
Judges; infra, Supreme court
Justices of the peace-

abolition of office, 450

abridgment of term of office, 462
age limit of judges not applicable,
439

compensation, 460

election or appointment as alterna-
tives, 446

fees, 460

history of office, 450

inferior local court, 561

jurisdiction, 450-453

municipal court justice as district
justice, 447

police justices, 447

removal from office, 448-450
term of office, 448

time of taking office, 550

Juvenile delinquents, education of,
523
Labels

flag on labels prohibited, 234
fraudulent use prohibited, 117-118
showing history of articles offered
for sale, 118

statute protecting union label as
general law, 331

Labor (see also supra, Factories;
infra, Sundays and holidays)
aliens excluded from employment
on public works, 105
contract not to join labor organi-
zation, 53, 484
discrimination between

citizens

and aliens, 52
employment agencies subject to
regulation, 94

hours and conditions of labor, 104
hours of labor in bakeries, 53
legislative regulations, 103-105

Labor -

- Continued

-

limiting hours of labor of women,
104

prison labor, 377

recreation hours for employees, 241
regulating service of children, 116
safe appliances for workmen, 116
ventilation of factories, 240
wages of laborers on public works,

496

workmen's compensation acts, 53
Land grants, see infra, Real estate
Land office, powers and duties of
commissioners, 391

Land tenures, 190

Larceny, timber in forest preserve,
473

Law, abrogation of distinction be-
tween law and equity, 402, 414
Law of the land (see also supra,
Eminent domain)

application to individual rights,
45-54

denial of remedy against munici-
palities, 46

due process of law as equivalent
phrase, 124

meaning of phrase, 45

private property taken for private
use, 46

Lease of agricultural lands, 191
Legislative construction of constitu-
tion, 14

Legislature (see also supra, Assem-
bly; infra, Senate; Statutes)
abolition of offices, 526

adjournment as dispensing with
approval of bills, 385

appropriation of public property
to private use, 356-361
auditing private claims against
state, 354

civil divisions of state subject to
legislative power, 212

concurrent resolution as statute,

289

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