TURNPIKES,

exercise of eminent domain for, 655.
appropriation of highways for, 671.

change of, to common highways, 673, n.

TWICE IN JEOPARDY,

punishment of same act under State and national law, 29.
under State law and municipal by-law, 239-242, n.

TWO THIRDS OF HOUSE,

what constitutes, 168.

See JEOPARDY.

U.

ULTRA VIRES,

contracts of municipal corporations which are, 233, 260-264.
UNANIMITY,

required in jury trials, 392.
UNCONSTITUTIONAL LAW,

definition of the term, 5.

first declaration of, 192, n., 193, n.

power of the courts to annul, 193.

effect of, 222.

whether jury may pass upon, 410, n.

See COURTS; STATUTES.

UNEQUAL AND PARTIAL LEGISLATION,

special laws of a remedial nature, 479.

local laws, or laws applying to particular classes, 479-481.
proscription of parties for opinions, 481.

suspensions of the laws must be general, 482.

distinctions must be based upon reason, 484.

equality the aim of the law, 485.

strict construction of special burdens and privileges, 485-488.
discrimination against citizens of other States, 24, 489.

division of powers between the States and Union, 4.

origin of its government, 7.

Revolutionary Congress and its powers, 8, 9.

Articles of Confederation and their failure, 9.

formation of Constitution of, 9.

government of, one of enumerated powers, 10, 206.
general powers of, 11-15.

UNITED STATES-continued.

its laws and treaties the supreme law, 18.

judicial powers of, 17, 30.

removal of causes from State courts to courts of, 18.

prohibition upon exercise of powers by the States, 23-28.
guaranty of republican government to the States, 28.
implied prohibition of powers to the States, 28, 29.
reservation of powers to States and people, 29.

consent of, to formation of State constitutions, 39.

See CONGRESS; CONSTITUTION OF UNITED STATES; COURTS OF UNITED
STATES; PRESIDENT.

UNJUST DEFENCES,

no vested right in, 454.

UNJUST PROVISIONS,

in constitutions, must be enforced, 87.

in statutes, do not necessarily avoid them, 197-201.

right to defence of, may be taken away by legislature retrospectively, 461,
462.

V.

VACANCIES,

in office, filling, 79, n.

VAGRANCY,

commitment of ch ̈ ́ n for, 363.

charges of, not triable by jury, 390, n.

but must be tried judicially, 490, n.

VALIDATING IMPERFECT CONTRACTS,
by retrospective legislation, 355, 458-469.
See RETROSPECTIVE LEGISLATION.

VALUATION,

of property for taxation, 609.

See TAXATION.

of land taken for public use. See EMINENT DOMAIN.

VENUE,

in criminal cases, 391.

change of, 391, n.

VERDICT,

jury not to be controlled by judge in giving, 392.
judge cannot refuse to receive, 393.

jury may return special, 393.

but cannot be compelled to do so, 393.

general, covers both the law and the facts, 393, 395.

in favor of defendant in criminal case cannot be set aside, 393-395.

against accused, may be set aside, 395.

in libel cases, to cover law and fact, 394, 564.

to be a bar to new prosecution, 398.

when defendant not to be deprived of, by nolle prosequi, 399.

not a bar if court had no jurisdiction, 399.

or if indictment fatally defective, 399.

when jury may be discharged without, 399, 400.

set aside on defendant's motion, may be new trial, 400.
on some of the counts, is bar to new trial thereon, 401.
cannot be received from less than twelve jurors, 390, 391.
VERMONT,

revenue bills to originate in lower house, 157, n.

betterment, law of, 476.

liberty of speech and of press, 510, n.

privilege of legislators in debate, 547, n.

VESTED RIGHTS,

not conferred by charters of municipal incorporation, 228, 229.

grants of property to corporations not revocable, 289, 290, 333, 334.

under the marriage relation, cannot be taken away, 344.

not to be disturbed except by due process of law, 14, 209, 244, n., 357,
436.

meaning of the term, 437, 458, 460, 461, 462.

subjection of, to general laws, 435, 436.

interests in expectancy are not, 438.

rights under the marriage relation, when are, 440.

in legal remedies, parties do not have, 442.

exceptions, 350, 351.

statutory privileges are not, 471.

in rights of action, 440, 443.

forfeitures of, must be judicially declared, 444, 445.
time for enforcing, may be limited, 447.

VESTED RIGHTS- continued.

do not exist in rules of evidence, 450.

rights to take advantage of informalities are not, 454.

or of defence of usury, 461, 462.

VILLAGES AND CITIES.

VILLEINAGE,

in England, 359–362.

VINDICTIVE DAMAGES,

See MUNICIPAL CORPORATIONS.

when publisher of newspaper not liable to, 560.
VIOLATING OBLIGATION OF CONTRACTS.

CONTRACTS.

VIRGINIA,

repeal of acts of Parliament in, 37, n.

See OBLIGATION OF

special statutes licensing sale of lands forbidden, 116, n.
divorces not to be granted by legislature, 129, n.
exercise of the pardoning power restrained, 135, n.
revenue bills to originate in lower house, 157, n.

no act to be amended by mere reference to title, 180, n.
compact with Kentucky, 330, n.

liberty of speech and of the press in, 513, n.
privilege of legislators in debate, 547, n.
religious tests for office forbidden in, 575, n.
exclusions from suffrage in, 753.

VOID CONTRACTS. See CONTRACTS.

franchise of, cannot be made to depend on impossible condition, 445, n.
constitutional qualifications of, cannot be added to by legislature, 79, n.
who are, 490, n., 752, 753.

privilege of secrecy of, 760.

whether qualifications of, can be inquired into in contesting election,

789-791.

See ELECTIONS.

W.

WAGERS,

upon elections, are illegal, 772.

WAIVER,

of constitutional objection, 214, 355.

of defects in incorporation, 97, n.

of irregularities in judicial proceedings, 503.

of objection to interested judge, 508, 509.

of right to full panel of jurors, 390.

of right to compensation for property taken by public, 693.

in capital cases, 388, 389, n.

of elector's right to secrecy, 762.

WAR AND PEACE,

power of Revolutionary Congress over, 8.

control of questions concerning, by Congress, 12.

WARD,

control of guardian over, 414.

special statutes for sale of lands of, 115.

WAREHOUSEMEN,

regulation of charges of, 734-738.

WARRANTS,

general, their illegality, 364, 368.
service of, in criminal cases, 367.
search-warrants, 369.

See UNREASONABLE SEARCHES AND SEIZURES.

WATER-RIGHTS,

right to front on navigable water is property, 670, 671.
right of the States to establish wharf lines, 739.

right to use of, in running stream, 686.

appropriation of streams under right of eminent domain, 646, 655, 656.
See NAVIGABLE WATERS; WATERCOURSES.

WATERCOURSES,

navigable, and rights therein, 726-732.

dams across, for manufacturing purposes, 657-661, 732.

bridges over, under State authority, 730.

licensing ferries across, 731.

construction of levees upon, 656, 732.

flooding premises by, the liability for, 670, n.

incidental injury by improvement of, gives no right of action, 732.
See NAVIGABLE WATERS; WATER-RIGHTS.

WAYS. See HIGHWAYS; PRIVATE ROADS; ROADS; STREETS.
WEIGHTS AND MEASURES,

Congress may fix standard of, 12.

regulation of, by the States, 744.

WEST VIRGINIA,

special statutes licensing sale of lands forbidden, 117, n.

divorces not to be granted by legislature, 129, n.

protection to person and property by law of the land, 430, n.

liberty of speech and of the press in, 511, n.

privilege of legislators in debate, 547, n.

religious liberty in, 575, n.

damaging property in the course of public improvements, 689.
exclusions from suffrage in, 753.

WHARFAGE,

right to, is property, 671.

States may establish wharf lines, 739.