Commentaries on the Law of Municipal Corporations, Volume 1

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

From inside the book

Results 1-5 of 100

Page x
... interest an occasional or curious reader . Over forty - five years have elapsed since the preparation of Municipal Corporations began , and more than thirty - eight years since its first publication . It is therefore , not only a child ...

Page xlv
... Interest , & c . . 1519 1524 1528 1529 з 952. General Summary of Doctrine of Supreme Court as to Estoppel by Recitals 1531 з 953. State Court Decisions ; Power to issue Bonds ; Conditions Pre- cedent 1533 зз 954 , 955. State Court ...

Page xlvii
... Interest of Public 1698 з 1077. Alluvium and Accretions 1700 з 1078. Dedication must be made by the Owner 1702 з 1079. Intention Essential 1705 з 1080. Intent to Dedicate Presumed from User for Prescriptive Period 1709 з 1081. User as ...

Page lv
... Interest on Assessments з 1469. Legislature may authorize Reassessment 2621 2622 2626 Abutter's 2630 , 2631 2634 2635 CHAPTER XXIX зз 1480-1546 . MANDAMUS з 1480. General Nature of the Remedy ; In England з 1481. Same Subject ; In this ...

Page 20
... interest . " That is , it cannot permanently endure , although it may exist long after it ought to cease . If ever an institution out- lived its usefulness - lived long after it became a positive evil — it was the municipal corporations ...

Where's the rest of this book?

Selected pages

Title Page

Table of Contents

Index

770832 CONTRACTS Pages 11371282	lii

VOLUME ONE CHAPTER I	1

Greece	2

Under	3

Roman Law 4 Ancient Rome 5 In Medieval Europe	6

Italian Cities 7 France 8 Spain 9 Prussia 10 England 1115 Municipal Institutions in the United States 16	11

Same Subject Illustrated 2870	13

Principle of Local SelfGovernment 17 The Electoral Franchise 18 The Exercise of Municipal Powers 19 Grants of Franchises	18

Proof of Corporate Existence User Legislative Recognition	441

Repeals and Amendments and their Effect	443

Repeating Clause Substitutionary Charter Repeals by Implication	445

General Laws and Special Charters Repeals by Implication Conflict Construction	446

Implied Repeal of General Laws	447

Extent of Power Limitations Canons of Construction	448

Same Subject	451

Same Subject Principles of Construction	452

Executive Authority 21 Complexity of Municipal Government	20

Right of Suffrage 23 Organization under General Laws	22

Abuses of Municipal Powers 25 The Administrative County	24

Extent of Power to make Contracts and how conferred 1138	31

Duration of Franchise Term Limited by Life of Municipality 2055	34

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

Acts of de facto Councils and Officers 841	53

CHAPTER II	57

Power to provide Water and Light 2107	58

Distinguishing Features of Municipal Corporations	59

Actions for Torts Mode of Treatment 2837	60

Creation and Powers	61

Public and Municipal Corporations distinguished	62

Contracts for Local Improvements 1247	63

Corporate Character of Counties	64

Corporate Character of School Districts	65

Pages 5778	66

Distinction between Public and Quasi and Municipal Corporations 38 Same Subject	67

Private and Corporate Interests	68

Effect of Refusal to vote 851	70

The New England Town	71

Same Subject	73

Constitutional Provisions in Louisiana Equality and Uni formity 2378	74

Legal Powers of New England Towns	75

Each One of the United States	77

CHAPTER III	79

Royal and Parliamentary Charters	80

UNITED	88

Legislative Sanction Essential to Corporate Existence Prescription	89

Outline of Ordinary Municipal Charter	95

Liability as Property Owner 2913	102

Consumers Reasonableness of Rates 2211	103

Power of Legislature to delegate to Judiciary Authority to incor	107

Procedure 1650	109

Remedy of Landowner 1653	116

No Precise Form of Words Essential	119

Mode of Proceeding when convened 869	123

Statutes validating Incorporation	125

Municipal WaterWorks Failure to supply Water 2845	131

Any Body Politic or Corporate construed	133

Pages 79139	139

Fraud in the making of the Contract 1156	140

Public Corporations defined	143

38	145

Temporary Obstructions for Loading and Unloading Goods 1860	146

Scope of Legislative Authority	151

The Right of Local SelfGovernment Decisions sustaining Right	157

1172 1173 Same Subject 1864	159

1375 1376 Municipal Authority to levy Taxes 2395 2396	160

Power of City Council construed 1671	161

Right of Local SelfGovernment Texas	164

Home Rule Provision of New York and Wisconsin Constitutions	174

CHAPTER XXIII	177

Private Trusts	180

Power of Legislature over Public Property	184

79	185

Effect of Repeal or Dissolution Page 184	191

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

119 120 Compulsory Contracts Detroit Park Case 213215	213

Power to compel Municipality to perform General Public Duty 122 Compulsory Liability City Hall Building in Philadelphia 215 123 Mandatory Sta...	215

Obstructions Fruit Candy and Market Stands 1869	219

Areas Cellarways and Vaults 1872	220

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 Use of Streets 1083	228

127 128 Ratifying Void Local Assessments	230

Curative Acts	233

Legislature has no Control over Judgments for or against Munici palities	234

131 Legislative Power over Property held in Trust for Specific Uses	235

Legislative Power over Property held for Specific Purposes not exclusively Public 218 221 223 224 225 230 231 231 234 235	236

Change of Grade Special Remedy exclusive 2935	238

CHAPTER V	240

Constitutional Provisions	241

Pages 240334	247

Same Subject Change of Grade for other than Street Purposes 2942	250

Page	251

General and Special Laws defined	259

143 Uniformity of Operation under Prohibition of Special Laws	260

Constitutional Requirement of Uniformity of Operation 145 Requirement of Uniformity of Operation in Ohio Constitution 146 The Province of the ...	261

Same Subject Salutary Bylaws 1085	268

Classification of Municipalities	269

157 Municipalities existing under Special Charters 159 Arbitrary and Unreasonable Classifications 148 Classification must be founded on Necessity ...	274

Law of Municipal Bonds in Federal Courts 1367	275

149 Classification must be Germane to Subject Matter	276

Statutes must include all belonging to Class	278

Classification by Population	282

152 Provision for Future Members of Class 153 Determining Population for Purposes of Classification	287

154 Classifications resulting from Substantive Provisions	288

155 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

Limitations founded on Time	299

Consent of Propertyowners 1249	300

160 Statutes resulting in Specific Designation of Municipalities 161 Geographical Distinctions	304

Laws creating Municipalities or amending Charters	306

163 Statutes affecting only One Municipality	309

729 Preservation of Order 1109	310

Incidental Matters	313

What are Municipal Affairs	315

Ordinances	317

Repeals	318

274	319

General Classification Acts	320

Transition from One Class to Another	321

Classification of Counties	323

276	327

Classification of School Districts	328

Taxes	331

Highways	333

278	334

CHAPTER VI	336

Power to establish and open Streets 1803	340

General Scope and Construction of the Constitutional Provisions	342

Interest on Assessments 2634	343

Corporations affected by Limitation	346

Indebtedness defined	349

Anticipation of Revenues	354

Current Expenses	355

Practice 2744	356

279	357

Contracts calling for Future Periodical Payments	359

Bona Fide Holders are not affected by Illegal Disposition of Con	362

Cash in the City Treasury	366

Obligations Payable only from a Special Fund	368

Remedy in Equity Equity Jurisdiction exceptional 2746	371

Hypothecation of City Property and Purchase of Property Sub ject to Incumbrance	373

Right of Creditor as depending on Legislation at the Date of	374

Contracts to purchase at the Option of the City	376

201 Liability ex Delicto	377

Assignment of Contract 1276	378

202 Funding and Refunding Operations	379

Judgment or Determination as to Right to issue Bonds	380

Partial Validity of Obligation	384

Estoppel by Recitals as respects Debt Limits	387

Computation of Indebtedness	396

Refunding Bonds Estoppel to deny Validity of Original Debt	400

City Stocks and Bonds in Sinking Fund	401

The Assessed Value of Property and its Relation to Indebtedness	402

Effect of Judgment against Municipality	406

Attempts by Creditors to obtain Relief from Invalidity	407

Limitations of Indebtedness based upon Income and Revenue	409

Authors Comments on the Doctrine of Implied Liability 2996	413

Requirement that Provision for Payment be made	417

Statutory Requirements as to Form 1287	420

284	421

Limitation of Taxing Power operating as Limitation of Indebtedness	425

Requirement of Sanction of Popular Vote	427

Contracts Ultra Vires Assumpsit 1189	432

Special Limitations on Indebtedness for Water Works c	433

Remedies of Taxpayers Evidence	437

Form Medium of Payment 1386	438

CHAPTER VII	439

Charters judicially noticed	440

Municipality cannot delegate its Power to tax 2403	453

Usage and Prescription	455

Same Subject	456

287	457

The Subject illustrated	459

Public Powers and Trusts incapable of Delegation	460

Disfranchisement English Doctrine not applicable here	461

Legislative Powers cannot be surrendered or bargained away	463

Imperative and Discretionary Powers distinguished	465

Same Subject	467

14801546 MANDAMUS Pages 26432726	468

Garnishment	469

Special and General Benefits to Property assessed 2553	472

314	473

Outline of Subject	474

Public and Private	478

Duties and Rights of Owner	479

Rights of Riparian Owner as to Wharves	480

Effect of Valid Amotion Vacancy	485

Power to Improve and Pave Streets 1807	489

The Paramount Right of Navigation	495

Subject outlined 2310	497

Telegraph and Telephone Poles in Streets and Highways 1922	499

Establishment of Dock and Harbor Lines	501

Right to erect Public Wharves	504

By Municipality	505

Exercise of the Power of Eminent Domain	506

New England Town Meetings Notice and Adjournment	507

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

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

No Title by Adverse Possession as against the Public 1889	542

291 Express Power to borrow Money Negotiable Paper	543

The Subject illustrated Limitation of Amount	544

What is a Borrowing Power construed	545

of Debt defined	546

295 296 Special Charter Limitations construed 547549	547

Modification of Contracts 1235	548

Liability of Public and Municipal Property to Special Assess	549

Prohibitory Statute construed 299 Rewards for Apprehension of Offenders	550

Public Buildings	552

Police Powers and Regulations	553

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

309 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

Estoppel by Recital to show Noncompliance with Conditions Pre	570

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

Term of Contract 2151	597

Changes not amounting to a Dissolution	598

Same Subject	600

Same Subject	604

Revival by New Charter and its Effect	605

Name under English Municipal Corporations Act	607

Legislative Power to fix and determine Geographical Limits	613

Proceedings to disconnect or detach Territory	622

Corporate Seal Power to adopt and alter	630

Liability of Municipal Officers for Misfeasance 1310	634

372 Eligibility to Office	637

Action in Corporate Name Prescribed Method to be strictly fol	642

Effect of Illegal Votes being received	645

Introductory Observations 1116	650

Special Statutory Jurisdiction held to exclude Quo Warranto	652

Incidental Power to give Acknowledgment of Debt 1327	657

Pages 9931114	660

Power to Create and appoint Municipal Officers	664

1039 Construction of Power 1644	665

When Mandamus lies 2647	667

When it lies against Municipal Corporations 2648	668

Powers and Duties of City Attorney or Corporation Counsel	670

Judgment in Mandamus Abatement Change of Membership	671

Settlement of Disputed Claims c 1238	672

Mode of Election Power over its own Officers	677

Power must be strictly pursued 1646	680

Constitutionality of Civil Service Laws	684

Offices provided for or regulated by the Constitution	690

399 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

407 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

420 Abandonment of Office	728

Same Subject In this Country 2664	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

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

Girard Will Case Devise to City in Trust for the Education	751

Pensions Legislative Control over Right	754

When Right to Pension accrues	757

Liability of the Officer to the Corporation and to Others	761

Signing and recording Ordinances 949	762

Liability to account for Moneys received	763

435 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

Commentaries on the Law of Municipal Corporations, Volume 1
John Forrest Dillon
Full view - 1911

Common terms and phrases

adopted affairs amendment applied appointed assessment authority bonds boroughs census chap cial cities and towns classification Com'rs commissioners conferred Const constitutional limit constitutional prohibition constitutional provision contract corporate powers council county seat created debt declared Dist Doon Township duties effect election enacted exercise existing fund grant incorporated incurred indebtedness inhabitants Iowa issue judicial Lake County lative lature legis legislative power legislature levy liability mayor ment Minn Municipal Bonds municipal charters municipal corporations nicipal obligation officers Ohio St operation Option Laws ordinance Oreg organization palities payment police population porations prescribed prohibition of special purpose quasi corporations regulating repeal revenues S. W. Rep school district special act special law special legislation statute streets Supreme Court taxation territory thereof tion township uncon unconstitutional valid village violation vote voters

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.

Appears in 435 books from 1792-2007

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...

Appears in 542 books from 1863-2007

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,...

Appears in 584 books from 1833-2008

Page 334 - In all other cases where a general law can be made applicable, no special law shall be enacted.

Appears in 421 books from 1803-2006

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.

Appears in 750 books from 1852-2007

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.

Appears in 658 books from 1803-2007

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...

Appears in 657 books from 1826-2007

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.

Appears in 163 books from 1819-2008

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.

Appears in 269 books from 1848-2007

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.

Appears in 421 books from 1777-2007

Bibliographic information

Title	Commentaries on the Law of Municipal Corporations, Volume 1 Commentaries on the Law of Municipal Corporations, John Forrest Dillon
Author	John Forrest Dillon
Edition	5
Publisher	Little, Brown,, 1911
Original from	the New York Public Library
Digitized	2 Nov 2006
Length	3802 pages

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home