Commentaries on the Law of Municipal Corporations, Volume 1

Front Cover
Little, Brown,, 1911 - Corporation law - 3802 pages

From inside the book

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Same Subject Construction of the New England Statutes 2958
43
Construction Operation and Regulation of Public Utilities 2089
45
Municipal Power to construct Free Bridges over Streams 1833
50
Same Subject Wrongful Acts done Colore Officii 2876
51
County Council of London 26 The Greater New York 27 Con
57
Power to provide Water and Light 2107
58
Contracts for Local Improvements 1247
63
Corporate Character of Counties
64
Same Subject Ice and Snow in Streets Slippery Sidewalks 2965
65
Same Subject General Principles 2330
66
Ground of the Liability Notice Contributory Negligence Dam
71
Same Subject
73
Constitutional Provisions in Louisiana Equality and Uni formity 2378
74
Extent of Power over Street Uses 1846
75
CHAPTER III
79
Assent and Acceptance of Grantee Revocation
80
Constitution of an Old English Municipality
81
Municipal Corporations Reform Act of 1835 and Revised Act of 1882
82
Power to adjourn Town Meeting 832
83
Legislative Sanction Essential to Corporate Existence Prescription
88
Number and Frequency of Corporate Creations
89
Congress may create
91
Local Polity Controls Municipal Law
92
59 Outline of Ordinary Municipal Charter
94
Corporators and Members
96
Liability as Property Owner 2913
102
Consumers Duty of Municipality or Corporation to furnish
103
Power of Legislature to delegate to Judiciary Authority to incor porate
107
Constitutional Provisions authorizing Cities to frame their Charters
110
No Precise Form of Words Essential
118
Legislative Intent
120
Corporate Existence not Open to Collateral Attack
121
De Facto Corporations
122
Statutes validating Incorporation
125
Incorporating Act may be made binding without Consent or only upon Consent
126
Creation by Special Act and by General Laws
129
Prohibition of Special Acts conferring Corporate Powers 66
130
Constitution of Council 839
132
Any Body Politic or Corporate construed
133
Legislative Duty held to be Discretionary
134
Only One Object which shall be expressed in the Title
136
CHAPTER IV
140
Private defined Dartmouth College Case
141
Public Corporations defined
142
Form of Grant does not affect Extent of Power
145
Differences between Public and Private Corporations illustrated
146
Delegation of Legislative and Executive Authority to Judicial Officers
147
Scope of Legislative Authority
151
Offices and Officers Municipal Officers defined Mode of Appoint ment
152
The Right of Local SelfGovernment Decisions denying Right
154
The Right of Local SelfGovernment Decisions sustaining Right
157
8 1375 1376 Municipal Authority to levy Taxes 2395 2396
160
Right of Local SelfGovernment Texas
164
Home Rule Provision of New York and Wisconsin Constitutions
167
Distinction between State and Municipal Officers
174
Police Officers Mode of Appointment
175
Mode of Payment of Police Officers
176
CHAPTER XXIII
177
Legislative Power over Revenues
178
Legislative Power over Municipal Charters
179
Private Trusts
180
Legislative Power not wholly unlimited
181
Grounds of Distinction
183
Power of Legislature over Public Property
184
Effect of Repeal or Dissolution
190
113 114 Legislative Power over Contracts of Municipality 192195
192
Fraud and Mistake Misrepresentations by Municipal Officers 1162
195
Legislative Power over Public Property of Municipality
196
Power of Legislature over Public Utilities owned by a Municipality
199
Ultra Vires Executed and Executory Provisions 2299
200
Control of the Legislature over Public Parks
202
Mandatory Legislation as to Hours of Labor Wages and Union Labor upon Municipal Works
203
Suppression of the Smoke Nuisance 1051
206
Action must be Corporate not Individual 1176
211
119 120 Compulsory Contracts Detroit Park Case 213215
213
Power to compel Municipality to perform General Public Duty
215
Compulsory Liability City Hall Building in Philadelphia
218
Mandatory Statutes to pay Claims not legally binding on the Municipality
221
Necessity and Sufficiency of Advertisement 1219
222
Payment of Invalid Bonds
223
Repayment of Moneys advanced
224
Nature of Moral Obligation which may be recognized
225
Police Regulations respecting the Public Peace and Safety
228
127 128 Ratifying Void Local Assessments 230
230
Curative Acts
231
Legislature has no Control over Judgments for or against Munici palities
234
Legislative Power over Property held in Trust for Specific Uses
235
132 Legislative Power over Property held for Specific Purposes not exclusively Public
236
Change of Grade Special Remedy exclusive 2935
238
CHAPTER V
240
Same Subject Change of Grade for other than Street Purposes 2942
250
Page
251
General and Special Laws defined
256
Uniformity of Operation under Prohibition of Special Laws
260
Constitutional Requirement of Uniformity of Operation
261
Requirement of Uniformity of Operation in Ohio Constitution
263
The Province of the Courts
265
Classification of Municipalities
267
Same Subject Salutary Bylaws 1085
268
Classification must be founded on Necessity or Propriety
274
Law of Municipal Bonds in Federal Courts 1367
275
Classification must be Germane to Subject Matter
276
Statutes must include all belonging to Class
278
Classification by Population
279
Public Safety Fire Limits 1103
282
Provision for Future Members of Class
284
Determining Population for Purposes of Classification
287
Classifications resulting from Substantive Provisions
288
Statutes conditioned on Acceptance by Municipality
290
Plat as Evidence of Intention 1721
291
Special Limitations on the Power to become indebted Creation
294
Classifications based on existing Circumstances
295
Municipalities existing under Special Charters
298
Limitations founded on Time
299
Arbitrary and Unreasonable Classifications
300
Statutes resulting in Specific Designation of Municipalities
301
Geographical Distinctions
303
Laws creating Municipalities or amending Charters
306
Statutes affecting only One Municipality
309
Incidental Matters
313
What are Municipal Affairs
314
Ordinances
317
CHAPTER XVII
318
Classification of Counties
323
Taxes
331
Power to make Contract for Local Improvements 2626
336
Power to establish and open Streets 1803
340
General Scope and Construction of the Constitutional Provisions
342
Interest on Assessments 2634
343
When Charter is Silent as to Mode of Collection Suit may
346
Indebtedness defined
349
Acts of de facto Councils and Officers 841
350
Current Expenses
355
Practice 2744
356
Modification of Contracts 1235
359
Bona Fide Holders are not affected by Illegal Disposition of Con
362
Cash in the City Treasury
366
CHAPTER XXVIII
368
Remedy in Equity Equity Jurisdiction exceptional 2746
371
Hypothecation of City Property and Purchase of Property Sub
373
Right of Creditor as depending on Legislation at the Date of
374
Assignment of Contract 1276
378
Funding and Refunding Operations
379
Judgment or Determination as to Right to issue Bonds 1491
380
Legislature may authorize Reassessment 2635
384
Estoppel by Recitals as respects Debt Limits
387
Computation of Indebtedness
396
943 Same Subject Annulment of Power by Constitutional Provision 1509
400
Effect of Judgment against Municipality
406
Payment and Cancellation of Warrants 1289
421
Limitation of Taxing Power operating as Limitation of Indebtedness
425
Compliance with Statutory Requirements Essential 1375
427
Excessive Number of Votes 850
431
Special Limitations on Indebtedness for Water Works c
433
CHAPTER XIV
437
Form Medium of Payment 1386
438
CHAPTER VII
439
Same Subject
456
Discretionary Powers not subject to Judicial Control
457
The Subject illustrated
459
Public Powers and Trusts incapable of Delegation
460
Legislative Powers cannot be surrendered or bargained away
463
Imperative and Discretionary Powers distinguished
465
Same Subject
467
Devises and Grants for Objects Foreign to Corporate Purposes 1578
468
Garnishment
469
Mechanics Maritime and Attorneys Liens 1587
471
Special and General Benefits to Property assessed 2553
472
CHAPTER VIII
473
260 Outline of Subject
474
Public and Private
478
Duties and Rights of Owner
479
Rights of Riparian Owner as to Wharves
480
Power to Improve and Pave Streets 1807
489
265 The Paramount Right of Navigation
495
Subject outlined 2310
497
Establishment of Dock and Harbor Lines
501
Municipal Corporations 826
502
Right to erect Public Wharves
504
268 By Municipality
505
Exercise of the Power of Eminent Domain
506
Sale and Lease of Wharves and Docks
508
Powers of Municipality
510
Scope of Municipal Power
514
Duties and Liability of Municipality
515
Ferries Nature of Ferry Grants to a Municipality
516
License Fee and Tax Construction of Special Grant
518
Power to lease covenant etc
519
a Power to bridge Navigable Streams
520
Borrowing Money concerning Implied Power to borrow Money
522
8 279 280 The Subject considered in Ohio and elsewhere 523
523
Same Subject Doctrine in Pennsylvania
525
Authors Comment
527
Implied Power to borrow New Jersey Decisions
530
Implied Power to borrow New York decisions
533
Implied Power to borrow Rule in Michigan Illinois and other States
536
When Power will be held to exist
538
289 290 Authors Views and Conclusions summed up 539542
539
Same Subject Uniformity of Rule of Taxation 2406
540
Express Power to borrow Money Negotiable Paper
543
The Subject illustrated Limitation of Amount
544
293 What is a Borrowing Power construed
545
of Debt defined
546
295 296 Special Charter Limitations construed 547549
547
Prohibitory Statute construed
549
Special Charter Provision construed
550
Public Buildings
552
Police Powers and Regulations
553
8 10101062 EMINENT DOMAIN Pages 16001684
555
Subject to Federal Constitution
556
Charter Power of Municipalities as to Street Railways 1979
558
Prevention of Fires
559
Quarantine and Health Scope of Power to preserve the Public Health
560
Same Subject Appointment of Health Officers and their Powers
561
Water Supply
562
Indemnifying Officers
563
Same Subject Refund Taxes illegally assessed
565
Furnishing Entertainments
566
Party Walls
567
Public Defence Loans and Taxation to pay Bounties
568
Aid to Railroad Companies Municipal Subscriptions and Bonds and Taxation to pay the Same
569
8 314 315 Municipal Indebtedness Negotiable Bonds
571
The Abuse of the Power
572
Constitutional Principles involved
573
When an Ordinance is Necessary 896
574
Same Subject Decisions of the Supreme Court of the United States
576
Principle does not extend to Compulsory Taxation for Private Enterprises
577
The Field reviewed the Lessons it teaches
579
Express Power Essential
580
Effect of Special Power on existing Charter Limitations of the Taxing Power
582
Power to issue Bonds absolutely Essential to their Validity Con ditions Precedent to its Exercise must be complied with
583
Estoppel in Favor of bona fide Holder of Negotiable Bonds
584
CHAPTER IX
587
How dissolved in the United States
589
Surrender of Charter
590
Forfeiture of Corporate Existence
591
Effect of Dissolution at Common Law
592
Effect of Dissolution in this Country
594
Rights of Creditors on a Dissolution
595
Changes not amounting to a Dissolution
598
Same Subject
600
Same Subject
604
Revival by New Charter and its Effect
605
Pages 606632
606
English Municipal Corporations Act 827
607
Ordinances 918
612
Legislative Power to fix and determine Geographical Limits
613
Proceedings to disconnect or detach Territory
622
Power to take and hold in Trust Charitable Uses 1569
628
Seal how proved
631
Ordinances denouncing Statutory Offences
633
Eligibility to Office
637
Mode of pleading Ordinances
639
Effect of Illegal Votes being received
645
Jurisdiction Parties Jurors 1115
650
Special Statutory Jurisdiction held to exclude Quo Warranto
652
Subject outlined
660
384 Power to Create and appoint Municipal Officers
664
Construction of Power 1644
665
Scope of Power to regulate Occupations
666
When Mandamus lies 2647
667
Powers and Duties of City Attorney or Corporation Counsel
670
Judgment in Mandamus Abatement Change of Membership
671
Power to license Sale of Liquor under the General Welfare Clause 1013
672
Mode of Election Power over its own Officers
677
Removal and Disposal of Garbage and Refuse Matter
678
Power must be strictly pursued 1646
680
Constitutionality of Civil Service Laws
684
Offices provided for or regulated by the Constitution
690
Powers and Duties of Civil Service Commissioners
691
Notice 1648
693
Offices within the Operation of Municipal Civil Service Laws
695
Appointments in Evasion of Statutory Requirements
696
Practicability of Competitive Examination New York Decisions
697
Confidential Positions Rule in New York
701
Exempt Positions Heads of Departments Deputies c
704
Subordinate Positions Laborers
706
Probationary Appointments
707
Promotions
709
Preference of honorably Discharged Veterans
711
409 410 Duration of Official Term Power to hold over English Statutes and Decisions 715
715
American Doctrine Right to hold over
716
Holding over
719
Right to hold over as against the State
720
Vacancies in Municipal Offices when filled
721
Refusal to serve in Office
722
Resignation of Municipal Offices
723
Implied Resignation Incompatible Office
725
Same Subject Acceptance of Resignation
726
Abandonment of Office
728
To canvass Votes 2665
729
Compensation of Officers
731
Power of Municipality to abolish Office or to regulate Salary
733
Same Subject Exception to Rule Resting on Contract
734
Officers and Employees distinguished
736
8 426 427 Extra Compensation 739
739
Attachment or Garnishment of Official Salaries
741
Recovery of Salary after Wrongful Removal or Exclusion from Office
743
Pensions for Municipal Services Constitutionality
748
Prescribed Mode must be pursued 2450
749
Pensions Legislative Control over Right
754
When Right to Pension accrues
757
Liability of the Officer to the Corporation and to Others
761
Liability to account for Moneys received
763
Declarations and Admissions of Officers as Evidence
765
Personal Liability for Nonfeasance of Public Duty
766
Personal Liability for Nonfeasance Rule in New York
767
Individual Liability for Failure to repair Streets and Highways
768
Personal Liability of Officers for Acts Discretionary or quasi Ju dicial in their Nature
771
Personal Liability for Negligent or Tortious Acts Misfeasance
772
Personal Liability of Municipal Officers for Ministerial Acts
775
Responsibility for Acts of Subordinates Respondeat Superior
776
Personal Liability for Refusal to levy Tax
777
Copyright

Other editions - View all

Common terms and phrases

Popular passages

Page 409 - ... before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also provision to constitute a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same.
Page 409 - Education, or school district, shall incur any indebtedness or liability in any manner, or for any purpose, exceeding in any year the income and revenue provided for it for such year, without the assent of two-thirds of the qualified electors thereof voting at an election to be held for that purpose...
Page 205 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 334 - In all other cases where a general law can be made applicable, no special law shall be enacted.
Page 554 - When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 449 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted ; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 135 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 58 - It is chiefly for the purpose of clothing bodies of men in succession with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capaple of acting for the promotion of the particular object, like one immortal being.
Page 418 - Any county, city, school district or other municipal corporation incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same.
Page 173 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof as the Legislature shall designate for that purpose.

Bibliographic information