A Treatise on the Law of Municipal Corporations, Volume 2

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Keefe-Davidson Company, 1906 - Corporation law - 3045 pages
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Contents

Nature of license
990
License fee when recovered
992
License fee how payable and use of moneys 407 Specific illustrations of the imposition of license fees
994
As affected by the interstate commerce clause
1010
Road or poll
1017
The Disbtjesement of Public Revenues J 410 In general 411 The distribution of public moneys in different funds
1020
The appropriation of public moneys for specific purposes
1028
Agents of appropriation
1031
Investment of public moneys
1032
Public revenue limitations of amount in its disbursement Limitations of amount for particular purposes
1034
Purposes for which public moneys may be used
1035
Limitations found in statutory or charter provisions
1036
Same subject
1037
Same subject necessary governmental expenses
1047
Statutory costs
1049
Public buildings
1053
The leasing repair and furnishing of public buildings 422 Local or internal improvements
1055
Public highways
1057
Opening or construction of a highway or street
1059
a Cost of constructing or opening b Time and manner of opening
1063
c Location and construction of highways
1065
d Change alteration or extension of highway 425 Agency of construction
1066
The power to grade highways
1067
To pave streets
1073
The repair of highways 429 The general improvement of highways
1074
Protest by property owners
1079
Canals
1080
Construction of bridges
1082
Cost
1085
Bridges their regulation and control
1089
Their maintenance and repair
1090
The construction and repair of sidewalks
1095
Public parks and boulevards
1098
Construction of sewers
1101
The authority
1102
Nature of the power
1105
Proceedings for construction
1107
Assessments for payment of costs
1109
The location
1110
Construction
1113
Sewer connections
1115
Taxation
1116
Legislative authority
1117
The authority by whom when and how executed
1119
Drainage or irrigation districts
1123
Proceedings the petition and its averments
1127
The appointment of commissioners or viewers
1132
Report of commissioners of reviewers 451 Damages and benefits
1135
Assessments and methods of apportionment
1136
Appeals
1140
Construction Maintenance 455 Expenditures in connection with a supply of water
1141
a Character of the power a continuing one and to be ex pressly granted
1145
b The power a discretionary one 456 Manner of exercise of the power
1148
Purchase of water plant already constructed
1155
Extra territorial authority
1159
Sale or lease of municipal plant
1163
The power to construct includes what
1164
a Use of streets
1165
b Limitations upon the power to construct
1167
The implied power to furnish water or to purchase apparatus Tot extinguishing of fires
1169
The acquisition of a water supply
1170
Exercise of the power of eminent domain
1175
Protection of water supply
1177
Officials authorized to act for the municipality
1178
Form of contract and manner of making
1179
The right to delegate the construction to private enterprise 467 Cost and manner of payment
1185
Water rentals and regulations
1190
a Regulations b Water rentals charged by private plants
1196
Performance of contract for water supply
1197
Performance and enforcement of contract for water supply
1201
Estoppel
1203
Public expenditures In connection with a supply of light
1204
Nature of the power
1206
Acquirement of property for construction of lighting plant
1212
Charges for light supply regulations 476 Performance of a contract
1213
Public wharves and ferries
1214
Charges for use of such facilities
1216
Power to sell or lease wharfage privileges
1217
Payment of debts
1218
Public education and health 481 Charities and corrections 482 Aid to railways
1219
Public investments
1225
Claims
1228
Basis of claim
1229
Authority for presentation
1235
Presentment
1236
Time of presentment
1237
Manner of presentment
1241
Audit and allowance of claims
1244
Time of allowance
1246
Rejection of claims and appeal
1250
Time and manner of payment Manner of payment
1253
By whom and to whom paid
1256
Claims enforcement by action
1258
Miscellaneous
1264
CHAPTER VII
1265
B42 Commerce clause and the police power as exercised by the states 543 The impairment of contract obligations
1266
Legislative Membership
1272
Municipal councils
1273
Council committees
1276
Town meetings 501 Classification of legislative bodies
1277
Members of municipal councils
1279
Organization of legislative bodies
1280
Qualifications of members
1281
Meetings when held
1283
Place of meeting
1285
Adjournments
1287
Rules of order
1294
Ordinances
1301
Power to pass
1309
Limitations upon the general power to pass
1315
Council and quorum
1322
Ordinances publication
1329
Record
1335
Must not conflict with state laws or charters
1341
Interstate commerce
1348
Definition of law
1356
Ordinances reasonable or unreasonable
1357
Tests of a reasonable ordinance Purpose for which passed Consistency with superior
1359
Same subject surrounding conditions 548 Amendment or repeal of legislative action
1360
Agency and time of repeal or amendment
1362
Restrictions upon the power to amend or repeal
1364
Effect of repeal
1365
Enforcement of ordinances
1366
Penalties for violation
1367
Mode of enforcing ordinances trial by Jury
1370
Enforcement by civil action
1372
Pleading and procedure
1374
Appeal or review
1375
Defenses
1376
Validity by whom raised
1379
Validity how raised
1380
Ordinances on whom and what binding
1381
a Notice b Licenses
1382
Ordinances where operative
1383
Ordinances invalid In part
1385
Construction of ordinances
1386
Same subject continued
1388
When strictly construed
1389
Liberal construction when adopted
1390
Executive S 568 Introductory 669 Source of power 670 The governor and mayor 671 Police and fire boards 672 Highway officers
1391
Park and street boards
1408
County boards commissioners or supervisors
1411
Character of duties
1414
Character of duties continued 677 Performance of duties
1416
Legal character
1418
Miscellaneous boards
1419
Powers generally
1424
Board action appeals from
1425
Municipal courts
1431
Power to organize
1432
Jurisdiction civil
1434
Criminal
1436
Summary powers
1438
Qualifications of judges or jurors in municipal courts 589 Appeals
1440
Methods of procedure
1442
Public Records S 591 Public records 592 Right of access or inspection 593 Custody 594 Amendment of public records 595 Municipal records as evi...
1444
CHAPTER VIII
1454
Restrictions on legislative power
1460
Definition of public office Legislative executive and judicial officers
1462
Office distinguished from employment
1463
Public office how secured
1469
a Collateral attack on title to office b Estoppel
1472
Power to appoint
1473
02 Confirmatory action
1476
Appointments manner of making
1478
Classes
1480
To fill vacancies
1482
Public offices secured through election
1488
Eligibility of candidates for public office
1491
Qualifications
1493
Physical
1494
Mental
1495
Condition of the candidata
1496
Act of candidate
1499
Right to change qualifications
1503
Limitations upon legislative power
1505
Acceptance
1506
Official oath
1507
Official bonds nature
1509
Excessive or illegal bond
1511
Bond execution
1512
Official bonds their filing and approval
1514
Liability of sureties
1517
Liability on official bonds the less strict rule 624 Liability of the surety the element of time considered
1524
New or additional duties
1526
Different offices or funds
1527
b Distinctions between an office and employment
1549
c Dismissal from office or its abrogation not a removal 636 Right to a notice and hearing
1550
Cause for removal
1551
Removal for cause tribunal
1554
The proceedings
1555
Evidence
1556
Remedies in case of a wrongful removal
1557
Removal by impeachment
1558
Theib Powers Duties and Rights S 643 Public officers their powers and authority
1560
Rights of a public official
1561
Presumption in favor of proper exercise of powers
1562
Title to office
1564
Official powers where exercised Powers when exercised
1565
Powers exercised as affected by the nature of an office 647 Public officials executive and administrative 648 Official duties legislative
1567
Official authority the judiciary
1568
Character of official action as determining Its validity
1569
a Must be exercised in the name of the public b Must be exercised In the manner prescribed by law c Independence of official action
1577
Personal execution of official duties 655 Joint authority how exercised
1578
De facto officers a De facto officers definition
1580
b De jure officer and usurper defined
1583
Conditions under which a de facto officer may exist
1584
There must be a legal office
1586
a Possession of office b Collateral attack 659 Acts of de facto officers validity
1588
Rights of de facto officers to compensation
1591
De facto officer liability 662 Official acts corporate liability
1592
Contract liability Determination of conditions and circumstances
1593
Irregular exercise of power
1595
Contract liabilities
1597
Corporate liability for admissions of officers or employes
1598
Liability to the government or a public body
1600
Interest on public moneys 668 Personal liability of officers and agents contracts
1602
Clear intent 669 Torts
1603
Duty to whom
1604
Same subject continued duties owing an Individual 672 The rule as to personal liability
1605
Liability depending upon character of duties whether Imperative or discretionary
1606
No liability in case of discretionary duties
1607
Political and governmental or ministerial duties
1608
Ministerial duties personal liability of official
1610
Conditions under which ministerial officers incur a liability
1612
The rule of liability stated
1613
Ministerial duty definition
1614
What protection afforded ministerial officers
1617
Judicial officers personal liability 6S1 Jurisdiction
1619
Distinction between superior and inferior Judicial officers wlthi respect to liability
1624
Quasi judicial officers
1625
Legislative and quasi legislative duties
1626
Freedom from arrest
1627
Compensation amount
1630
a When claims for extra compensation allowed b Two offices with one incumbent 687 Form of compensation salary
1633
Commissions
1636
Fees
1637
Fees itemized statements of services rendered
1640
Actual rendition of services
1641
92 Change of compensation during term of office
1643
Time and manner of payment 94 Compensation to whom payable
1647
95 Payment In case of sickness suspension or absence from office
1649
Unlawful removal or suspension 696 Right to reimbursement and indemnity
1650
Miscellaneous disbursements
1652
98 Accounts of public officers
1654
Agents and employes authority to hire
1655
Fire department power to organize
1657
Police department organization
1659
Qualifications of members 703 Suspension or removal of police officers and
1661
704 Tribunal and hearing
1663
Causes for removal
1666
Neglect of duty
1667
Compensation Irregular suspension
1668
Pensions and beneficial funds
1669
Employment of members of the learned professions
1671
Special authority to employ
1672
Work included in regular duties 711 Concrete illustrations
1675
The employment of clerks
1677
Compensation of employes
1679
Compensation of public employes as affected by legislation
1681
Right of removal
1683
Limitations upon the right of removal civil service laws
1684
716a Constitutionality of civil service laws
1685
Removal or suspension for cause
1688
For complete analysis of this subdivision see Vol I
1693
790 Time of estimation of damages
1695
Power to acquire property in the capacity of a trustee
1699
Grants not sustained as being foreign to the objects for which public corporations are organized 720 Power to acquire in the capacity of a private cor...
1709
The location of property acquired
1712
Manner of acquirement by purchase a Acquirement by lease
1713
b Acquirement through grant or gift
1715
72b Property acquired through dedication
1716
Definition
1718
Statutory
1721
Commonlaw
1725
Who may dedicate
1727
The nature and requisites of dedication should be irrevocable
1729
Intent necessary to a dedication
1732
Intent as shown by the filing of a map or plat
1735
Intent as evidenced by the sale of property with reference to a plat or survey
1736
Intent as shown by other acts of the owner
1742
The intent to dedicate as evidenced by user
1747
Nonuser as evidence against dedication
1749
The estate acquired
1751
Commencement of public
1763
Title to alluvium and accretions
1764
Acceptance of lands dedicated necessary
1765
How shown
1767
Time of acceptance
1770
Time of user
1771
Acceptance usually a question for a jury 739 Acquirement of property by prescription
1772
Prescription what necessary
1774
a Character of the use and possession
1775
b User must be continuous
1778
Physical extent of prescriptive right
1780
Acquirement of prescriptive rights against persons under dis ability
1782
Property acquired through eminent domain
1783
Purposes for which property may be acquired T45 Eminent domain tfeflnftlons
1786
Th power exercised by what ageneles 747 Power must be expressly given
1794
Manner of the exercise of the power
1795
What can be taken
1797
Concrete illustrations
1799
Waters and riparian rights
1800
Other concrete illustrations of a taking
1808
Annexation of land to a municipality not regarded as a taking 754 Right to labor or contract
1810
The quantity and estate taken
1813
Limitations upon a taking
1816
Definition of the phrase public use
1820
Concrete illustrations of public use 769 Highways
1824
Parks and pleasure grounds 761 Bridges ferries and canals
1828
Public buildings
1830
Municipal improvements 763 Works for irrigation and drainage purposes
1831
Public cemeteries 764 Definition of a taking
1834
Constitutional provisions
1837
Eminent domain proceedings
1838
Attempt to agree
1840
Parties to the proceedinga
1841
Petition
1843
Notice when necessary
1845
Service of notice
1847
Objections Waiver or loss of right to object
1851
Appointment of viewers
1852
Report of viewers and orders establishing highways
1856
The tribunal
1858
Hearing
1860
Report of award 778 Its recitals
1862
Description of improvement
1863
a Description of property taken b Owners names 780 Award of damages
1864
Conclusiveness of report or award and the doctrine of collateral attack
1865
Filing of the award or report
1866
Review
1867
Appeals
1868
Appeal from a report on questions other than those of damages
1869
Appeal from award or report on damages awarded
1870
Time of appeal
1871
The question of compensation
1873
Medium of payment
1876
Time of payment a Payment before entry
1877
b Payment after entry
1878
Measure of damages 792 Measure of damages when a part only is taken
1884
a The measure of damages when property is injuriously af fected but no part taken b Special damages only considered
1888
The question of benefits
1889
Discontinuance of proceedings II Its Contbol and Use S 795 Generally 796 Investment of funds
1893
The control of public highways
1897
Control discretionary
1898
Legislative control
1899
Delegation of power to control and regulate the use of public property
1901
Power as delegated to municipal corporations
1902
Delegation of power to public and quasi public corporations 803 The extent of powers granted to delegated agencies
1904
Extent of power granted implied powers
1905
Same subject fundamental legislative limitations
1906
a Contract obligation b Special and uniform legislation c Due process and the equal protection of the
1907
Extent of power limited by character of property
1908
Special Assessments
1909
The power to pave a street
1911
Alteration of streets or highways
1912
Relocation of a road
1914
Difference in urban and suburban uses 810 Change of grade in a highway or street
1915
Statutory damages for change of grade
1924
Definition of grade A change of grade
1929
Damages recoverable
1930
Special benefits must be considered
1934
Unlawful change of grade
1935
Actual damages caused by a change of grade
1936
Diversion from a public or specific
1937
Control of property acquired by gift
1939
Rights of abutting owners
1940
Legislative control as modified by the abutters rights
1942
Extent of control a varying
1943
Abutters special rights lateral support 820 Same subject continued abutters right to light air and access
1945
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Page 1396 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Page 1796 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 1350 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the States generally; but not to those which are completely within a particular State, which do not affect other States, and with which it is not necessary to interfere, for the purpose of executing some of the general powers of the government, The completely internal commerce of a State, then, may be considered as reserved...
Page 1272 - An apportionment by the Legislature, or other body, shall be subject to review by the Supreme Court, at the suit of any citizen, under such reasonable regulations as the Legislature may prescribe ; and any court before which a cause may be pending involving an apportionment, shall give precedence thereto over all other causes and proceedings, and if said court be not in session it shall convene promptly for the disposition of the same.
Page 1353 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
Page 1351 - The wisdom and the discretion of congress, their identity with the people, and the influence which their constituents possess at elections are in this, as in many other instances, — as that, for example, of declaring war, — the sole restraints on which they have relied to secure them from its abuse. They are the restraints on which the people must often rely solely in all representative governments.
Page 1609 - In such cases, their acts are his acts ; and whatever opinion may be entertained of the manner in which Executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political; they respect the nation, not individual rights, and being intrusted to the Executive, the decision of the Executive is conclusive.
Page 1350 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several states, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
Page 1397 - States, as amounting to a deprivation of property without due process of law and a denial of the equal protection of the laws. The...
Page 1350 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.

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