A treatise on the modern law of municipal securities: including rights and remedies as determined by the courts and statutes of the United States, with forms and directions

Front Cover
The Bowen-Merrill company, 1898 - Business & Economics - 1 pages
0 Reviews

What people are saying - Write a review

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

Contents

sacrron PAGE
xxiii
CHAPTER I
1
Municipal securities defined and classified
3
Definition and nature of municipal warrants
5
CHAPTER II
7
The measure of corporate power
8
Construction of corporate powers
9
Mode of exercising corporate powers
10
Iimitations as to the Amount Time of Payment and Sate of Bonds
268
Consolidation or extinction of corporations 27 4
274
Signature to bonds
282
Delivery of bonds essential
284
4
287
Number of bond
289
Amount payable as a requisite in the bond
290
To whom payableHow transferred
292

Delegation of corporate powers
12
When legislative powers can not be surrendered
14
Judicial control of legislative powers considered
15
When discretionary powers not subject to judicial control
17
Mandatory and discretionary powers distinguished
18
Extent of legislative control over municipal c0rporations
20
Power to pass general and special laws
21
General extent and power to contract
22
Implied contracts of municipal corporations
23
Mode of contracting
24
Contracts with municipal oflicers and agents
26
Limitations upon the power to contract
27
siwrron PAGE
30
Constitutional provisions construed by the supreme court of
45
SECTION 1mos
46
Constitutional provisions of Colorado construed
51
Constitutional provisions of Nebraska construed
57
sncrrors
70
Limitation of indebtedness as to street improvements bonds or cer
79
Power to incur indebtedness in anticipation of revenues
86
SECTION PAGE 87 When a statute restricting the payment of bonds is void for impair
87
When municipal corporation is not liable on tort for failure to
92
CHAPTER IV
99
Statutory limitations on the power to incur indebtedness for the cur
105
ing the obligation of contracts
108
Limitation upon the power to incur municipal indebtedness does not extend requisite powers
109
GENERAL POWER TO BORROW MONEY 89 The term borrowing of money construed
110
The nature and extent of the power to borrow money
111
Express power to borrow money construed
112
Implied power to borrow money
113
A provision in the city charter that it may do all other acts as natural persons construed
114
The rule in WisconsinMills v Gleason
116
The rule in Illinois
117
The doctrine in PennsylvaniaCity of Williamsport v Common wealth
118
Decisions of the New York courts
121
The rule in New J erseyHackettstown v Swackhamer
124
Judge Dillons summary
125
CHAPTER VI
127
The power to issue bonds must be expressly conferred by law or clearly implied
128
Power of county commissioners to issue bonds
129
Implied power to issue bonds
130
The doctrine of implied power to isue bonds in Police Jury v
131
The doctrine of implied powers in Lynde v County of Winnebago
133
The dissenting opinion in Lynde v County of Winnebago
135
The doctrine of implied powers restated in Mayor of Nashville v
136
The doctrine in Brenham v German American Bank
139
The dissenting opinion of Brenham v German American Bank
140
The power to tax does not imply the power to issue bonds
141
CHAPTER VII
149
Waiver of annual taxlevy for the payment of indebtedness
155
CHAPTER VIII
162
stock of a consolidated railway company
167
Contract to subscribe for railway aid bonds
168
The doctrine of municipal aid to railroads in the various state courts
169
The doctrine of municipal aid to railroads in Kansas
171
The term legislative power construed
172
The duty of the government to provide suitable facilities for travel and commerce
173
A railroad is a public purpose
174
Rule for determining extent of municipal aid
175
The doctrine in PennsylvaniaSharpless v Mayor of Philadelphia
177
A railroad is a public highway for the public benefit
178
The doctrine in MichiganPeople v Salem
180
The Michigan doctrine criticised by the supreme court of the United States
182
The doctrine in IowaHanson v Vernon
183
The doctrine in Visconsin
184
The doctrine in Whiting v The Sheboygan Railroad Company
186
Power to issue railway aid bonds under a special law
188
Power to issue railway aid bonds under the South Carolina constitu tion
189
The same subjectThe Wisconsin statute construed
190
The same subjectUnder the Michigan statute
193
The same subjectUnder the Iowa statutes
195
The same subjectBonds in aid of plank road
196
Subscriptions of stock and donations of money compared
198
The doctrine of municipal aid to railroads in federal courts
199
When subscription to railroad stock may be canceled
200
Internal Impro0ement Bonds 172 Internal improvements defined
201
Toll bridge a work of internal improvement under Nebraska statute
202
Beet sugar manufactory not a work of internal improvement
203
The Nebraska and Kansas cases distinguished by the supreme court of the United States
205
185
216
CHAPTER IX
227
Elections when a condition precedent
233
sxcrron non 237 Purchaser of bonds must take risk of the genuineness of oflicial
237
The rule in Indiana and Illinois
240
The doctrine in the federal courts
246
Irregularity in the vote may be remedied
252
A substantial compliance with the conditions is suflicient
253
Conditions and Limitations as to the Location and Completion
260
When municipal bonds may be authorized by resolution
293
Bonds issued in blank as to payee
294
As to the time of maturity of bonds
295
Place of payments of bonds
297
Vhat officers must act
299
Doctrine of the supreme court of the United States as to various irregularities
301
CHAPTER XI
303
Negotiability of bonds payable in blank
304
The words to bearer or order not essential to negotiability
307
Negotiability of bonds payable to holder
308
Municipal bonds when not commercial paper
310
CHAPTER XII
311
Prohibition on the powers of the states
312
1 The power of Congress to borrow money includes the power to issue treasury notes or other obligations of the United States in any appropriate form
313
The legaltender act
315
Constitutionality of legaltender act
316
SECTION raos 265 Payment must be made according to the terms of the contract
317
Illustration
318
Obligations payable in specie
320
Payment in gold when not required
321
What constitutes suficient payment in the absence of fraud
322
The doctrine of implied power to make bonds payable in gold
323
The doctrine in Ohio
324
Illustration
325
In what medium are bonds payable where the statute is silent
326
The acceptance of a depreciated currency by a creditor extinguishes the debt
327
CHAPTER XIII
329
What constitutes registration
331
When certificate of registration deemed conclusive
332
Certificate of registration does not cover matters of law
333
Certificate of registration does not constitute an estoppel against the municipality issuing the bonds
336
An act requiring registration after subscription is made to railroad does not impair the contract
337
Guaranty to pay interest on bonds 287 The general rule as to the sale of bonds
339
The rule in Kansas and elsewhere
340
Validity of sale of municipal bonds by resolution
342
Sale of forged bondsCompetent evidence
343
When funding bonds issued without an ordinance or resolution
348
Estoppel by recitals to deny validity of funding bonds
354
Failure to make assessment in time
360
General principles stated
371
Limitations upon the power of ratification
377
The presentment of coupons for payment
384
sécrron PAGE 355 Power to issue warrants
400
Form nature and mode of issue
401
Negotiability of warrants
403
The same subjectIllustrations
405
Presentment of warrants for payment
407
As to the liability of an indorser on warrants
408
Warrants payable out of a particular fund
409
The same subjectIllustrations
411
The rule in respect to interest on warrants
413
Power to discount warrants
415
Order of payment of warrants
417
As to the power to reissue warrants after payment
419
Payment and cancellation of warrants
420
Liability of treasurer for failure to cancel warrants when paid
421
Validity of warrants issued on unverified accounts
422
CHAPTER XVIII
424
Policy of the federal courts as to the enforcement of payment of municipal securities
427
When the supreme court of the United States follows the decisions of the state courts
428
The general doctrine qualified
429
Illustrations of this subject
430
The true rule stated
433
Mere irregularity in the issuance of bonds will not invalidate them
434
Proposition to vote bonds in aid of internal improvements must designate the donee
435
Irregularity in the organization of a municipality no defense to 386 bonds
436
Bonded debt attaches when to realty
437
CHAPTER XIX
443
As to prior equities between original parties
450
When proceedings relating to municipal securities impair the obliga
458
sscrron
464
Rights of bona fide holders of coupons
472
Recital that bonds are issued in conformity with law
478
When recitals in refunding bonds will estop a municipality from
484
The general rule for enforcing the payment of bonds
490
sacrron
494
When mandamus will lie to compel payment of bonds to aid works
500
The doctrine in Michigan
506
When mandamus will not lie to apportion or determine the equities
512
Injunction when granted to restrain the issue of bonds
518
When part of the debt is valid and part invalid
520
Right of subrogation of invalid bonds isued in exchange for valid
526
When a purchaser can not maintain an action for money had
532
PLEADING AND PRACTICE
537
Setoff as a defense to municipal warrants
543
When statute of limitations begins to run on municipal warrants
550
Statute of limitations when a bar to an action on an implied or con
556

Bibliographic information