The Law of Municipal Corporations, Volume 6

Front Cover
Callaghan and Company, 1928 - Corporation law
 

Contents

Contracts for payments for a term of years
55
Evading debt limit provisions
57
Same evading debt limits by taking lease instead of purchasing
58
Computation of amount of indebtedness actually outstanding
61
2397 Samesinking funds
66
Effect of exceeding debt limits and remedies of creditors
67
Sameeffect of debt limit upon municipal acts in general
72
CHAPTER 42
74
Power to issue
77
Sameaudit and allowance of claim as condition precedent
79
Form and contents
80
Samesignature
81
Delivery
82
Duty to issue warrants
83
Warrants not negotiable
84
Interest on warrants
85
Rights of holders of warrants in general
87
Payment of warrants
88
Samefrom what fund payable
90
Samepriority of payment
91
Samewarrants as receivable in payment of taxes etc
93
Assignment of warrants
94
Reissuance funding and calling in for examination
95
Same defenses
98
Samestatutes of limitation as barring actions on warrants
100
2420 Mandamus
102
RECITALS IN BONDS X PAYMENT XI REMEDIES
104
ISSUANCE DELIVERY AND CONDITIONS PRECEDENT
105
DEFENSES TO ACTIONS ON BONDS XIII SUGGESTIONS TO INVESTIGATORS OF VALIDITY OF BOND ISSUE
106
DEFINITIONS KINDS OF BONDS AND OTHER GENERAL CONSIDERATIONS PAGE 2421 Introductory
107
Importance of the law as to municipal bonds
109
Samecoupon bonds
110
Sameconvertible coupon bonds and registered coupon bonds
111
Samerailroad aid bonds
112
Sameimprovement bonds
113
Samefunding and refunding bonds
119
Interest
122
Samecoupons
124
Who may attack bonds
125
Registration or certification of bonds
126
Decisions of state courts as binding on federal courts
129
POWER TO ISSUE BONDS 2436 In general
130
CHAPTER 43
132
Implied power to issue bonds
133
MUNICIPAL BONDS I DEFINITIONS KINDS OF BONDS AND OTHER GENERAL CONSIDERATIONS II POWER TO ISSUE BONDS
135
Express power to issue bonds and construction thereof
136
Whether bonds issued for a public purpose
143
Power to issue negotiable bonds as conferred by power to issue bonds
146
Railroad aid bonds
150
Debt limit provisions
153
FORM AND CONTENTS
156
To whom made payable
158
Samenecessity for purchaser to investigate signatures
160
Provisions as to maturity of bonds
161
Seal
164
Place of payment
166
Medium of payment
167
Recitals
168
ISSUANCE DELIVERY AND CONDITIONS PRECEDENT
169
Delivery
170
Proceedings before issuance of bonds
171
Samepetition or consent
174
Sameelection as condition precedent to authority to issue bonds
177
Proceedings in court to determine validity of issue before sale
180
SALE OR OTHER DISPOSITION OF BONDS
183
Sale at less than par
187
NEGOTIABILITY AND RIGHT OF TRANSFER
191
What law governs
193
ESTOPPEL AND RATIFICATION
194
Curative statutes
198
Estoppel as to conditions precedent by mere issuance of bonds
200
BONA FIDE PURCHASERS
202
Purchaser from a bona fide purchaser
203
Gross negligence effect of
205
Sameexistence and contents of enabling statutes
206
Same debt limit provisions
208
Samematters of record
209
Samedecisions of supreme court
210
Same matured coupons as notice
211
RECITALS IN BONDS 2485 What are recitals and purpose thereof
212
Effect of recitals in state courts as compared with federal courts
214
Samerule in Missouri
215
Recitals as to law as distinguished from facts
216
Sufficiency of general recitals
218
2496
225
2499
233
REMEDIES
248
DEFENSES TO ACTIONS ON BONDS
258
XIII
264
LIMITATIONS ON RATE OR AMOUNT OF TAXES VI PROPERTY TAXABLE VII EXEMPTIONS FROM TAXATION VIII LIEN LEVY COLLE...
267
Definition history and nature
268
Power of legislature to delegate authority to tax
269
Conditions precedent to levy
272
Sameelection
273
II
275
Poll tax
280
PAGE
281
Collateral inheritance tax
283
Power as conferred by constitution
284
Occupation and income taxes
286
Statutory authority
287
Sameconstruction of statutes granting power
290
Taxes must be for a public purpose
292
Revoking or limiting power of taxation
297
III
298
Power of legislature to compel levy of taxes
300
CONSTITUTIONAL RESTRICTIONS 2538 In general
301
Power of legislature to tax for municipal purposes
303
Uniformity
304
Sametaxing districts
305
Prohibiting delegating power to tax to other than corporate author ities
306
LIMITATIONS ON RATE OR AMOUNT OF TAXES 2544 Tax limits in general
307
Tax limits as mandatory
312
Whether all municipal taxes included within limits
313
Effect of levy above tax limit
316
In general
317
Property not receiving benefits
321
Property taxable as dependent on place where located
322
Samevessels
326
Property in annexed territory
327
Property of grantee of franchise
328
Municipal bonds
329
Property omitted from tax list in prior years
330
Municipal property
331
EXEMPTIONS FROM TAXATION 2559 In general
333
Construction of exemption provisions
339
Repeal or revocation
341
Exemptions as assignable
342
Procedure to levy taxes
344
Sameassessment
352
Payment and collection
359
Sameremedies for collection
363
Samesale for unpaid taxes
368
Forfeiture and penalties for nonpayment
369
Remedies against municipality where tax wrongful
370
Sameaction for damages
373
2572 Disposition of taxes after collection
374
CHAPTER 45
376
Police force in general
378
MUNICIPAL LIABILITY FOR TORTS
381
Samepolice commissioners
382
Samechief of police
383
Legislative control of fire and police departments
384
Who may appoint policemen and firemen
386
Removal or suspension
387
Salaries and compensation
393
2582 Pensions
394
Reimbursement for expenses incurred
398
Personal liability of policemen and firemen for their acts
399
Criminal responsibility
400
Sameentering premises without warrant
401
Injunction against police officers
402
Liability of municipality for failure to provide adequate fire pro tection
404
Liability of municipality for torts of policemen
405
Liability on bonds of policemen
409
Liability of municipality for torts of fire department
410
CHAPTER 46
413
Status of boards of education and school districts
415
Eligibility to serve as members of board of education
419
Powers of boards of education
420
Sameto make rules governing school
424
Superintendent
425
License to teach
426
Removal of teachers
427
Power to expel pupils
429
CHAPTER 47
431
Originhistory
433
Classification
436
Municipal administration of charity
437
Municipal regulation of private charity
438
Power of municipal corporations to furnish support to poor
439
Same delegation of power forbidden
440
Liability of municipal corporations for relief of proof by others
441
Settlement of pauper
442
Overseers of the poor
443
Boards of charities and correction
444
Property in trust for charitable uses
445
2622 Municipal hospitals asylums etc
446
Sameliability for damages
447
Sameproperty
448
Juvenile courts
451
Workhouse
457
CHAPTER 48
459
Conditions precedentpresentation of claims
463
Samenotice of intention to sue
471
Sameto whom claim to be presented
474
2632 Sametime within which claims must be presenteddelay
475
Same statement of claim
477
Sameverification of claimwaiver
480
When claims bear interest
481
Allowance of claims
483
Sameeffect of allowance or disallowance
484
Auditing boards and officers
487
Review of decisions touching claims
489
Assignment of claims
491
Payment of claims
492
Priority of claims
493
Who authorized to compromise
497
Method of compromise
498
Arbitration of claims
499
Questions of damages and benefits may not be arbitrated
500
Mode of submission to arbitration
501
CHAPTER 49
504
Municipal corporation may sue and be sued
505
Sameremedies
508
Limitation of actions
510
Defenses
536
Judgment
538
Costs
541
PARTICULAR ACTIONS 2666 Equitable remediesinjunction in general
542
Sameenactment of ordinance
546
Sameenforcement of ordinance
547
Injunction by municipal corporation
549
Creditors remedymandamus
551
Recovery of involuntary payments made to municipal corporations
552
Certiorarinature and object of the writ
554
Samewhen appeal or writ of error lies
557
Sameas writ of review
558
Same to review acts of judicial character
559
Sameapplication for and direction of writ
562
Samereturn of writ
563
2678 Samewhat reviewable
564
Same matters of practicejudgment
566
Prohibition
567
Garnishment of municipal corporations
570
Sameequitable garnishment
573
CRIMINAL LIABILITY 2683 In general
574
Liability for maintenance of a nuisance in general 577
577
Samedefective sewer system
578
Samebridges
579
Pollution of stream
580
CHAPTER 50
581
Samewhen writ will issue
583
Discretion in instituting proceedings
585
Discretion of court in allowing writ
586
To test existence of officeouster
588
Questioning legal existence of municipal corporation
589
Questioning annexation proceedings
591
Ouster from exercise of franchise
593
Parties plaintiff
594
Parties defendant
596
Sufficiency of information
597
Subsequent pleadings
598
Matters of practiceevidence
599
Reliefjudgment
600
CHAPTER 51
603
Nature and object of writ
604
Discretion in granting writ
608
Laches as barremedy unavailing
609
2708 Controlling considerations
611
2709 Sameclear legal right to performance
613
Sameto compel performance of official actnature of duty
614
Samedemand and refusal of alleged duty
615
Samediscretionary acts
616
Sameministerial acts
619
Mayor and other executive and administrative officers subject to man damus
620
SPECIFIC INSTANCES WHERE WRIT WILL BE GRANTED OR REFUSED 2715 To induct into or reinstate to office or public situation
621
To compel transfer of books etc of office
623
To compel auditing claims
624
To compel signing or issuing warrants
625
To compel payment of indebtedness
626
Samenecessity of appropriation or available funds
627
To compel levy of tax to pay bonds
628
To compel levy of assessments
629
Concerning elections and officers thereof
631
To compel the award of contracts
633
Compelling public improvementsrepairing streets
634
To compel the granting of licenses and permits
636
To compel payment of judgmentreturn of execution unsatisfied
640
Miscellaneous instances
643
PROCEDURE 2731 Applicationalternative writ
647
Parties
648
Sameabatement
650
Sufficiency of alternative writ
651
How writ directed against municipal corporation
652
The return
653
Subsequent pleadingsmatters of practice
654
Peremptory writ
655
CHAPTER 52
657
Propriety of action in general
658
Samestatutory provisions
664
SameNew York statutes
666
Sameeffect of remedy at law
676
Sametitle to office not triable
677
Certiorari as remedy
679
Actions on behalf of municipality
680
Right of taxpayers to intervene or defend
684
Motive of plaintiff immaterial
686
Who may sue
687
Samepecuniary interest
690
Sameinjury different from that sustained by other taxpayers
694
Same estoppel to sue
696
Time to sue and laches
697
Acts which may be enjoined
698
Samepassage and enforcement of ordinances
703
Sameacts relating to bonds
704
Samemaking or performance of illegal contracts
707
Sameletting of contracts on competitive bids
711
Sameincurring indebtedness above debt limit
713
Samelevy and collection of taxes
718
Samepayments
723
Samecollection of judgment
724
Samemisuse of municipal property
725
Demand before suit
726
Parties
727
Pleading
730
Proof
732
Judgment
733
LIABILITY IN GENERAL II GOVERNMENTAL VS CORPORATE FUNCTIONS III RESPONDEAT SUPERIOR
736
LIABILITY FOR ACTS OF PARTICULAR OFFICERS
737
PROPERTY OWNED BY MUNICIPALITY VI SEWERS DRAINS WATERCOURSES AND SURFACE WATER VII NOTICE OF THE ACCIDENT
738
LIABILITY IN GENERAL PAGE 2771 Municipal obligation and responsibility in general
739
Liability ex delicto recognized
741
Sameexceptionslimitations
742
Same questions arising
744
Nature and cause of injury
748
Sameinjuries to property resulting from negligence
749
Sametrespass and conversion
750
Samenuisance
751
Liability as precluded by want of power to perform
752
Municipal liability for death
753
Sameemployees of municipality
754
Personal liability of officers for torts
756
GOVERNMENTAL VS CORPORATE FUNCTIONS 2792 Liability in regard to corporate duties
758
Liability in regard to governmental duties
762
Samerule in admiralty
771
Governmental duties distinguished from corporate duties
772
Samegovernmental and corporate functions indicated
775
Sameimposed duties not distinguishable from those voluntarily assumed
777
Sameborder line cases
778
Legislative judicial and discretionary duties distinguished from minis terial duties
780
Samejudicial acts
784
Samefailure to pass or enforce ordinances
786
Samegranting refusing or revoking license
791
Defects in plan of construction
792
Construction or repair of public improvements or works
797
Sameminority rule
802
Cleaning streetsdumping groundsgarbage collection
804
Ultra vires acts
805
Samelawful acts unlawfully done distinguished
811
Samewilful or malicious acts not necessarily ultra vires
812
Nuisances maintenance of and failure to abate
813
Jails workhouses and police stations
824
Fire stations apparatus etc
827
Collection of taxes or special assessments
833
Lighting streets
834
Exhibition conducted by municipality
835
Destruction of property by municipalities
836
PAGE
838
Same statutes creating liability
839
Samewhat is a mob or riot
843
RESPONDEAT SUPERIOR 2823 Respondeat superior doctrine in general
846
Necessity for relationship of master and servant
847
Sameby whom appointed or paid immaterial
850
Same duties directly imposed by statute on officer
851
Sameratification
855
De facto officers
859
City engineer
861
Independent contractors
862
Same exceptions to rule of nonliability
864
Sameagreements with contractor as to liability
873
Police officers
874
Pound officers
876
Bridge tenders
881
Officers of building department
882
Acts of mayor
883
Conducting business for profit
885
Municipal buildings
887
Sameschools
889
Public market places and buildings
890
Wharves piers etc
891
Parks
892
Quarry
897
Samepublic wells
905
Sameinjuries in connection with hydrants
906
Sameliability for impure water
908
subways
909
Childrens playgrounds in parks camps and recreation centers
910
Liability as owner of cemetery
912
Duty to provide sewers and drains
915
Abandonment of sewer or drain
916
Liability for defective plans
917
Sameexceptions
919
Same liability for inadequate sewers or drains
923
Liability for negligence in construction or failure to repair
927
Samenotice of defects or obstructions
933
Nuisances
935
Sameliability for death or sickness
936
Discharge of sewage upon private property
937
Samesurface water
941
Watercourses liability in regard to
943
Samepublic improvement obstructing watercourse
945
Same culverts
947
Samerights of riparian owners
948
Sameuse of streams by sewers
951
polluting streams
952
Surface water
960
Sameliability for injuries from public improvements
961
Sameliability under statute or constitutional provision
967
Sameliability in case of negligence
968
NOTICE OF THE ACCIDENT 66
971
Notice of defect distinguished from notice of accident
972
Samewaiver of notice
974
Same when notice required
976
Samewho to give notice and to whom to be given
979
Sameexcuse for failure to give
980
Sametime for filing notice
983
Samesufficiency of notice
984
Sametime of the accident
988
Samethe place of the accident
990
Samehow injury occurred
992
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Page 32 - All certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes...
Page 150 - ... 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 604 - The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.
Page 432 - A charity, in the legal sense, may be more fully defined as a gift, to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Page 510 - the obligation to do justice rests upon all persons, natural and artificial, and if a county obtains the money or property of others without authority, the law, independent of any statute, will compel restitution or compensation.
Page 456 - ... hooks on to any moving train, or enters any car or engine without lawful authority; or who habitually uses vile, obscene, vulgar, profane or indecent language, or is guilty of immoral conduct in any public place or about any school house.
Page 203 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 8 - 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...
Page 171 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 456 - ... room or bucket shop; or who wanders about the streets in the night time without being on any lawful business or occupation; or who habitually wanders about any railroad yards or tracks, or jumps or hooks...

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