Commentaries on the Law of Public Corporations Including Municipal Corporations and Political Or Governmental Corporations of Every Class, Volume 2

Front Cover
Bowen-Merrill Company, 1893 - Corporation law
 

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Contents

Taxation for school purposes
800
The same subject continued
801
The same subject continued Validity of resolutions
802
Levy of taxes
803
Contracts for water supply and lighting
804
School boards and directors
805
Erection of schoolhouses
806
School district board Contracts for building
808
Contracts with teachers
809
Authority of county treasurer etc
811
Authority of officers in particular instances
812
The same subject continued
813
Powers of a trustee of a school township
814
Town selectmen etc
815
The same subject continued
816
887
817
Township boards
818
Town trustees Indiana decisions
820
The same subject continued
821
Directors of schools Illinois decisions
823
Town supervisors Illinois and Minnesota decisions
824
Power of towns and town officers in Maine
825
Powers of towns in Massachusetts
826
Michigan decisions
827
Selectmen in New Hampshire
828
Towns and town officers in New York
829
Towns and town officers in Vermont
830
Construction of constitutional provisions
831
Rulings of the United States Supreme Court
833
Rulings in California
835
Rulings in Colorado
836
Rulings in Illinois
837
Rulings in Indiana
839
Rulings under the Iowa constitution
840
The same subject continued
841
Rulings under the Oregon and Washington constitutions 819 Rulings under Texas laws
842
Rulings in West Virginia
843
Special statutory provisions
844
The same subject continued
845
Indebtedness for water and lights
846
Effect of exceeding the limit
847
Remedy of taxpayers against increase of debt
848
833 835 836 837 839 840 841 812 842 843 844 815 846 817 848 CHAPTER XXII
850
Liabilities on bonds of custodians of school funds
864
Investment of school funds 839 Loan of school funds
866
Liability of officers and agents of towns
867
6 APPROPRIATIONS 841 Appropriations out of special funds
868
Appropriations anticipating revenue
869
Special funds
870
The same subject continued Construction of statutes 845 Statutory provisions further considered
872
Appropriations for schools
874
The same subject continued
875
Page
876
Budget
877
Annual appropriations 850 Appropriation of taxes to sinking fund
878
c UNLAWFUL EXPENDITURES 851 The New York statute providing for investigation Page 851 852 851
879
856
886
857
887
859
890
860
891
861
892
Malfeasance in overallowance
893
864
894
Apportionment of indebtedness upon division of a county
896
866
897
867
898
868
899
869
901
870
902
871
904
Mandamus to compel the signing of a warrant
905
Duty of officers in drawing warrants
906
Validity of warrants
907
Actions upon warrants
908
Mandamus to compel payment of warrants
910
Defenses to actions on warrants
912
Votes of counties 879 Votes of towns 880 Township orders
916
The same subject continued
917
School board orders
918
School warrants
919
Page 922
921
937
922
The doctrine of the Supreme Court of the United States
923
The same subject continued 887 Brenham v GermanAmerican Bank The language of the court 888 Brenham v GermanAmerican Bank The dissenti...
924
Implied power to issue negotiable bonds The general rule 890 The corporation must have a legal existence
927
No right of action on void bonds
928
Constitutional limitations Public purpose
929
Aid to manufacturing enterprises
930
Internal improvements 895 Municipal aid to railroads Express legislative authority essential
931
Railway aid bonds Legislature may authorize
932
The same subject continued Negotiable bonds 898 Conditions precedent
934
The same subject continued Assent of taxpayers
935
The same subject continued Election
937
Conduct of election continued
938
Conditional subscriptions
939
The same subject continued
940
Ratification
941
The same subject continued 908 Effect of consolidation of companies on authority to sub scribe
942
Effect of constitutional prohibitions
943
The same subject continued 909 Effect of recitals Knox County v Aspinwall 910 The same subject continued
944
Authority to determine performance of conditions prece dent
947
The same subject continued Illustration 913 The same subject continued Illustration 914 The same subject continued Illustration
948
The doctrine of the United States Supreme Court sum marized
950
The rule in New York
951
Signature to bonds
952
Sealing 919 Date Antedating
953
To whom payable 921 Place of payment
954
Time of maturity
955
Delivery 924 Quality of municipal bonds as commercial paper
956
Coupons
957
927
958
929
959
930
960
Estoppel to set up overissue in violation of statute
961
Overissue in violation of the constitution No estoppel by recitals 933 The same subject continued The rule qualified
962
Bona fide holders
963
976
967
Rulings in Massachusetts as to overseers of the poor 940 Rulings in Maine and New York
969
Contracts by governing boards for the support of the poor
970
Discretionary powers of governing boards
972
Medical treatment for the poor
973
The same subject continued 945 Settlement of paupers Generally
975
The same subject continued
976
The same subject continued Illegitimate children
977
948 Massachusetts decisions on settlement of soldiers mustered out of service
979
Settlement of married women
980
Settlement acquired by residence and payment of taxes
981
The same subject continued
982
Constitutionality of laws for the removal of paupers
983
Rulings on removal of paupers
985
Notice in cases for removal of paupers 955 Notice of charge by one town to another
986
What corporations are liable for support of paupers
988
No implied liability
989
Special liabilities
990
Various rulings as to the poor
991
Support of patients at State lunatic asylums 961 The same subject continued
992
Support of insane poor further considered
993
Aid to children
994
Liability of the corporation for support furnished to paupers 965 The same subject continued
996
Duty to furnish immediate relief
997
Proceedings to compel relative to support paupers 968 Liability of a pauper for his support 969 Municipality cannot recover for voluntary
999
Actions for support of paupers
1000
The same subject continued
1002
Statutes prohibiting the bringing of paupers from other States
1004
Liability to pauper for negligence of employees 974 Support of the insane 975 The same subject continued
1006
Soldiers homes 977 Reformatories
1008
Liability of counties for the care of prisoners 979 Care of prisoners continued
1010
Hiring of convicts
1011
Liability for personal injuries to prisoners 982 The same subject continued 979 980 981 982
1013
990
1016
Power of the State legislature
1017
Declaring nuisances is not an exercise of judicial func tions 986 Extent of authority illustrated
1018
The same subject continued
1019
Regulation of occupations 989 Powers conferred on boards of health not exclusive
1020
Power to control manufactures
1021
992
1022
993
1023
994
1024
995
1025
996
1026
998
1027
999
1028
1000
1029
1002
1030
Power of board of health as a corporation New Jersey decisions
1031
1004
1032
1005
1033
1006
1034
1008
1036
1010
1037
1011
1038
1013
1039
Quarantine regulations generally
1040
Extent of power of municipal authorities 1016 Liability of owner of vessel for quarantine expenses
1041
Charges against vessels in quarantine 1019 A limitation upon quarantine regulations
1043
1031
1045
Nature of the power of public authorities to suppress nui 1021 The same subject continued A police power
1046
Abatement of nuisances by destruction of property
1047
The same subject continued Constitutional limitation
1048
is a nuisance
1049
The power of municipal corporations as to declaring what 1026 The extent of the power to abate nuisances
1050
Removal of occupants Express authority or extraordi nary peril
1051
Power to define nuisances not absolute
1052
Limitation of power to define nuisances further illustrated
1053
The same subject continued
1054
1034 Abatement of structures endangering public safety
1055
1036
1056
1037
1057
1038
1058
1039
1059
1040
1061
1087
1062
Public improvements generally
1063
1041 Passage of ordinance
1064
Petition for improvements
1065
The same subject continued
1066
Determination of sufficiency of petition
1067
The same subject continued
1068
Authority to assess for cost not exclusive 1039
1069
Cost of new sidewalk required by change of grade
1070
Including several streets in one improvement
1071
Notice of proposed improvements
1072
Ordinances for improvements
1073
Formality and irregularity in proceedings 1056 Changing plan of improvement
1075
Railroad bridges across a street not a local improvement 1058 Rule as to repaving etc in Pennsylvania
1076
Opening and widening streets 1060 Reconstruction of streets and sidewalks Second assess
1077
Paving streets
1078
Paving and repairing distinguished
1079
Repairs of streets etc 1064 Lawful improvements
1080
Curative legislation 1066 Supervisors of a county ordering improvements in a town
1081
Sidewalks
1082
Contracts in restraint of right to control or improve streets 1069 Discretion of municipal authorities
1083
The same subject continued 936 Defenses available against bona fide holders 937 The same subject continued
1084
Local assessments
1085
Special taxation in Illinois
1086
Constitutionality of assessments for sidewalks
1087
Fee in land condemned a part of the cost of an improve ment 1076 Highways
1088
Opening highways
1089
Repairing highways
1090
Bridges 1080 Construction of bridges 1081 Agents of counties in the construction of bridges in New York
1092
Sewers 1083 Construction of sewers 1084 The same subject continued 1085 Contracts for construction of sewers
1094
Power as to drains and sewers discretionary
1095
872
1096
Drainage continued
1097
Liability of the corporation 1090 The same subject continued 1091 The same subject continued Rights in percolating water 1092 Massachusetts deci...
1098
The same subject continued Lowest bidder
1100
1094
1101
Conditions precedent to recovery by contractor etc 1103 Indiana decisions as to letting contracts 1104 The same subject continued 1105 Assignment ...
1102
1101
1107
Effect of assignment of a contract
1108
When a contract is complete
1109
Letting contract after returning bids
1116
Reletting contract
1117
Discretion of municipal authorities
1118
Power to reject a contract
1119
Repaving Pennsylvania rule illustrated 1115 Title to street essential to jurisdiction
1120
Opening and improving streets in one proceeding 1117 Description of work in resolution
1121
Conclusiveness of assessors action 1119 Assessments for paving streets and constructing sidewalks
1122
When cost of repairing cannot be charged to abutters
1123
Power of assessment illustrated and limited 1122 The same subject continued
1124
Assessments for benefits and damages 1124 Notice for bids
1125
Collateral attack of assessments
1126
Decisions as to property benefited
1127
Liabilities and rights of abutters 1128 Damages for change of grade
1128
Action by abutter to enjoin completion of a contract
1129
Actions to vacate assessments
1130
Actions to restrain collection of assessments 1132 The same subject continued
1132
Actions to recover money paid upon illegal assessments
1133
Power to assess abutting owners
1134
The same subject continued
1135
The same subject continued Homestead subject to sale 1137 Instances of taxbills adjudged invalid 1138 Liability of the corporation for negligence
1136
The same subject continued
1139
Damages for improper construction
1140
The same subject continued Constitutional provisions
1141
The same subject continued Defective streets
1142
Unauthorized modification of contracts
1143
Rights of abutters
1144
Rights and remedies of abutters
1145
The same subject continued
1146
Interest of abutters in streets
1147
Liability of corporation for consequential injuries
1148
The same subject continued
1149
The same subject continued Connecticut rule
1150
The same subject continued Damage clause in con stitutions
1151
Damages by change of grade further considered
1152
Right to damages in Pennsylvania
1153
Estoppel of landowner
1154
Actions by abutters Pleading etc
1155
Questions for the jury
1156
CHAPTER XXVIII
1158
1041
1160
The same subject continued Illustrations
1161
Purposes for assessment illustrated
1163
Assessable property Statutory exemptions
1165
Assessments against railroad companies
1167
Assessment districts
1168
117 The same subject continued
1169
Prescribed formalities must be strictly followed
1170
The saine subject continued
1171
Ordinance or resolution
1172
Petition
1173
The same subject continued
1174
Description of improvement
1175
Delegation of matters of detail
1176
Notice Stewart v Palmer
1177
The same subject continued Ulman v Mayor c
1178
The same subject continued Avery v City of Keokuk
1179
Notice at some stage of proceedings
1180
1012
1201
Liability growing out of obstructions
1204
The same subject continued
1210
The same subject continued Defective sidewalks
1211
Right of corporation to indemnity for damage paid
1212
The same subject continued
1213
Proper evidence in actions for injuries
1214
Power of park board over streets
1215
Extent of control of streets
1216
Grant of use of streets to railway companies
1217
The same subject continued 1219 Use of streets by railroad companies
1219
Extension of track in streets
1220
Power over streets used by railways
1221
The same subject continued
1222
Regulating speed of cars
1223
The same subject continued
1224
Regulating trains at crossings
1225
Use of snowplows regulated
1226
Measure of damages in appropriating a railroad right of
1227
Danger signals
1228
Contract rights in streets
1229
When obstructions allowable
1230
The same subject continued
1231
Right to build a railroad in street Particular charter pro
1232
The same subject continued Discrimination against non
1236
MUNICIPAL COURTS AND RECORDS a MUNICIPAL COURTS Page 1278 Introductory
1251
The same subject continued Scope of subject
1252
The same subject continued
1254
The same subject continued
1255
Summary powers
1256
The same subject continued
1257
The same subject continued Felonies and misdemeanors
1258
Jurisdictional limitation
1259
The same subject continued Constitutional limitations
1260
Qualifications of officers Judges and jurors
1261
Appeals
1262
Method of procedure
1263
The same subject continued
1264
6 MUNICIPAL RECORDS 1293 Recording of ordinances
1265
Evidential character Originals
1266
The same subject continued Copies
1267
Proof of records By originals
1268
1298 Parol evidence
1269
The same subject continued
1270
Amendments
1271
The same subject continued
1272
Right of abstract makers to take transcript of public rec ords
1273
Remedial rights
1274
FIREMEN AND POLICEMEN Page 1805 Organization of fire department
1276
Liability of corporation for removal of fireman
1277
Policemen unknown to the common law
1278
Qualification of officers Nonpartisan boards
1279
Suspension pending trial on charges of misconduct
1280
The tribunal to hear charges
1281
The hearing
1282
Counsel and witnesses
1283
Examining the accused as a witness
1284
Neglect and absence from duty
1285
Violating regulations
1286
Evidence of intoxication
1287
Conduct unbecoming an officer
1289
The same subject continued
1290
Review of proceedings by certiorari
1291
Recovery of salary after restoration upon certiorari
1292
CHAPTER XXXIII
1294
Contracts for water supply
1295
Limitations upon power to contract
1296
Contracts further illustrated
1297
The same subject continued Monopolies
1298
Construction of contracts
1299
The same subject continued
1300
No exclusive right
1301
Waterworks companies under New Jersey statutes
1302
Infringement of riparian rights
1303
The right to waters of a stream
1304
Connecting pipes
1306
Liability of waterworks companies
1307
Waterrates
1308
The same subject continued
1309
Collection of waterrents
1310
Power of municipality to contract for lights
1311
The same subject continued
1312
Authorized contracts illustrated
1313
Unauthorized contracts
1314
The same subject continued
1315
Construction of statutory and charter provisions
1316
CHAPTER XXXIV
1318
Constitutional provisions and State statutes
1319
Legal status of school system
1320
State board and superintendent of education
1321
Change of boundaries of school districts
1322
vision
1323
Presumption of legal organization of district
1324
District school boards
1325
Page
1327
Power of board of school trustees to contract
1329
Power to require parents to sign and return teachers re port
1331
Fiduciary capacity
1332
Personal liability of directors
1333
Meetings of district electors Elections
1334
Term of school officer Holding over
1337
874
1338
School taxes
1339
School lands
1340
School bonds
1341
School teacher Appointment Contract Removal
1342
Pupils
1343
Race question in schools
1344
Bible in schools
1345
Actions and defenses
1346
CHAPTER XXXV
1348
Distinction between tax and assessment
1349
The same subject continued
1350
The same subject continued Shares of stock
1351
The same subject continued Credits and choses in ac tion Insurance premiums
1352
Subjects of taxation
1353
The same subject continued
1354
License fees and taxes on business
1355
The same subject continued
1356
The same subject continued The power strictly con strued
1357
Local taxation of transportation companies
1358
The same subject continued
1359
Miscellaneous property Water companies
1360
Miscellaneous corporations
1361
Apportionment by benefits
1362
Agricultural lands
1363
The same subject continued
1364
Taxation after changing the corporate limits
1365
1400
1366
1404
1368
1405
1369
876
1371
1410
1372
1412
1373
1413
1374
878
1376
The same subject continued New Jersey and Wisconsin
1398
1453
1401
1490
1402
Highway defined Different kinds
1403
Modes of creating highways
1404
Dedication of highway Nature and requisites
1405
Dedication continued Evidence and presumptions
1407
Footways Dedication etc 1453 Conditional or qualified dedication Revocation
1408
Acceptance of highway Nature
1409
Dedication by States by cities 1456 The subject of dedication continued
1410
Immemorial public user of highways
1412
Acquiring streets by prescription
1413
The same subject continued Prescription in various States
1414
Appropriating land for highway Damages 1461 Laying out highway Compliance with statute
1415
The same subject continued
1416
Laying out Property exempt from 1464 Laying out Private owners rights
1417
Proceedings to establish highways Parties Notice
1418
Laying out Petition Jurisdictional facts
1419
The same subject continued Objections to petition 1468 Abandonment of highway by nonuser
1420
Discontinuing or vacating highways
1421
Bridges Part of highway
1422
Bridges over navigable rivers and waters
1423
Bridges between States Between counties
1424
County bridges
1425
County commissioners discretion as to erection of bridges 1475 City bridges
1426
Bridges in towns and townships and boroughs
1428
Contribution to cost of bridges
1429
County liability for neglecting to repair bridges 1479 General duty to repair bridges
1430
Latent defects Duty to inspect bridges 1481 Rule as to heavy loads on bridges
1431
Abutting owners rights and easements
1432
Implied powers
1433
Liability for defective construction
1434
Defective highway plan Liability
1435
Highway duty of New York towns and villages 1489 Excuse of want of funds
1439
Primary municipal duty Abutting owners liability
1440
Municipal and abutting owners statutory liability
1441
Limited liability for acts etc of independent contractors
1443
Municipal duty of supervision over others 1494 General municipal liability for neglect of streets
1445
Municipal liability in Michigan
1446
The same subject continued The rule in other States
1447
Exceptions to the general rule 1498 Duty of keeping streets safe to whom
1448
Liability for ways which public is invited to
1449
Not liable for whole width of rural highways
1450
Municipal recourse against third persons
1451
Transfer of liability 1503 Liability when defects concur with other causes
1453
Plaintiffs concurring act in cases of danger and exigency
1455
Limited liability in grading streets
1456
Liability in respect of latent defects 1507 Municipal liability as to snow and
1458
The same subject continued
1460
The same subject continued Notice
1461
Liability for obstructions 1511 The same subject continued Obstructions for private convenience
1463
Liability for structures over the street
1465
Municipal liability for fright of horses
1466
Duty to light streets To light excavations
1468
Crossings Duty to keep safe 1516 Sidewalk openings and excavations Coal holes
1469
Duty as to railings and barriers
1471
Founderous highway Deviation from 1519 When notice of defect may be imputed to municipality
1473
When notice should not be imputed
1474
Notice when a question for the jury
1475
Notice from similar accidents
1476
When notice is not necessary
1478
Notice to officers
1479
Notice of injury
1480
The same subject continued Requisites of notice
1481
The same subject continued Illustrations of sufficient notice
1482
Correct instructions as to negligence illustrated
1489
Interest on damages for injuries
1490
Contributory negligence Knowledge of danger
1491
Negligence in the presence of danger Lawful obstruc tions
1493
The same subject continued
1494
Duty to look and listen
1496
Pedestrians duty to use crossings and sidewalks
1497
The same subject continued Care required at night
1499
Infirm persons Duty of caution
1500
Intoxication as contributory negligence
1501
Violation of ordinance etc as contributory negligence
1502
Travelers haste
1503
Pleading and proof as to contributory negligence 1493 1494 1496 1497 1499 1500 1501 1502 1503
1504
CHAPTER XXXVII
1506
Page
1507
a MANDAMUS
1510
Payment of claims and warrants
1527
Pleading of notice Evidence
1528
decisions 1864
1529
Evidence of specific defect
1530
Subsequent repairs as evidence
1531
Evidence of contributory negligence
1532
Instructions to jury May supplement each other
1533
To restore school funds
1534
To dissolve an injunction against a city
1535
To compel approval of official bond
1536
To restore removed officials
1537
To compel execution of tax deed
1538
To compel approval of contract
1539
Abatement of public nuisance Canvass of election To police commissioners to enforce law
1540
Obstructions in streets Contract for improvement
1541
For payment of claim
1542
Title to office and custody of records
1543
License to sell liquors
1544
The same subject continued Hearing of complaint
1545
By taxpayer to compel investment of funds
1546
Mandamus to compel restoration of members To call
1547
Refusal to grant mandamus illustrated Issuance discre tionary
1548
Denial of writ further illustrated
1549
The same subject continued
1550
The same subject continued Reinstatement of officer Canvass of election
1551
Premature application Laches
1552
Control of official discretion
1553
The same subject continued
1554
The same subject continued Board of assessment
1555
The same subject continued Improvement of highways
1556
The same subject continued Rebuilding a bridge
1557
Petition for mandamus
1558
Relators right
1559
1562
1562
The same subject continued
1564
Acts in excess of officers powers
1565
Michigan decisions Control of official discretion
1566
Restoration to office
1567
To compel performance of judicial functions 1569 The same subject continued
1568
To compel payment of judgment
1570
The same subject continued Compelling audit of claims
1571
Audit of claims continued
1572
1574
1574
CHAPTER XXXIX
1584
Bill of interpleader by public officer 1652 Writ of prohibition in behalf of a town Office of the writ
1593
Execution against municipal corporations 1654 Garnishment of municipal corporations
1595
The same subject continued
1596
Presentation of claims Charter provisions construed
1597
Corporate liability to qui tam action for penalties
1600
1469
1609
1481
1615
Hay scales in streets
1621
Removal of shade trees 1235 Summary removal of obstructions
1622
1488
1625
1525
1626
152
1629
1013
1636
1043
1638
1111
1639
1116
1640
1119
1647
1136
1648
1597
1650
1140
1655
879
1656
951 954
1667
961
1668
1143
1671
1144
1674
0 1210 1211 1212 1213 1213 1214 1215
1679
1438
1682

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Common terms and phrases

Popular passages

Page 838 - ... five per centum on the value of the taxable property therein, to be .ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 838 - ... provide for the collection of a direct annual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof.
Page 1180 - That whenever, by the laws of a State, or by State authority, a tax, assessment, servitude, or other burden is imposed upon property for the public use, whether it be for the whole State or of some more limited portion of the community, and those laws provide for a mode of confirming or contesting the charge thus imposed, in the ordinary courts of justice...
Page 1580 - An action may be brought by one person against another, for the purpose of determining an adverse claim which the latter makes . against the former, for money or property, upon an alleged obligation...
Page 1020 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 1317 - A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.
Page 1561 - Amendment, not only to see that there is some process of law, but ' due process of law,' provided by the State law when a citizen is deprived of his property; and that in judging what is 'due process of law,' respect must be had to the cause and object of the taking — whether under the taxing power, the power of eminent domain, or the power of assessment for local improvements, or none of these; and if found to be suitable or admissible in the special case, it will be adjudged to be 'due process...
Page 832 - No county, city, town, township, school district or other political corporation or subdivision of the state shall be allowed to become indebted in any manner, or for any purpose, to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof, voting at an election to be held for that purpose...
Page 1159 - Special assessments, on the other hand, are made upon the assumption that a portion of the community is to be specially and peculiarly benefited, in the enhancement of the value of property peculiarly situated as regards a contemplated expenditure of public funds, and in addition to the general levy, they demand that special contributions, in consideration of the special benefit, shall be made by the persons receiving it.
Page 1085 - Nor have the}- ordained or forbidden that a tax shall be apportioned according to the benefit which each taxpayer is supposed to receive from the object on which the tax is expended.

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