A Treatise on the Law of Municipal Corporations, Volume 2

Eugene McQuillin

Callaghan, 1911 - Corporation law - 6425 pages

Contents

• GENERAL CONSIDERATION CONCERNING OFFICES AND: 908
• Appointment of police officers 460 Restrictionsmerit system 461 Preference in appointments and promotionsveteran acts 462 Time of exercise of po...: 909
• Action by officer or employee to recover salary or com pensation 535 Samemandamus: 911
• Proceedings for removal of officersin general: 912
• How qualification of electors prescribed: 914
• Same irregularities: 920
• MUNICIPAL ELECTIONS: 921
• Election of ineligible person to office is void: 922
• How is vote required to be determined? Are all the quali fied electors or only those voting at the given election to be counted?: 924
• Sameirregularities when other issues are sub: 927
• Samedetermination of vote on a separate proposition when other issues are submitted at the same election: 928
• GENERAL CONSIDERATION CONCERNING Offices and OFFICERS SUBORDINATES AND EMPLOYEES 420 Designation and classification of ...: 931
• Relations in which question as to who are municipal offi cers is presented: 933
• Nature and elements of the terms office and officer: 934
• Office distinguished from employment: 940
• Assistant definedillustrations: 946
• Deputy definedpowers: 949
• Clerk defined: 951
• Employees described: 952
• Day laborers defined and illustrated: 953
• Power to create offices and situations to fix salaries: 956
• Samecannot be delegated: 959
• MUNICIPAL DEPARTMENTS BOARDS OFFICERS COMMISSION ERS ETC 432 Forms of municipal organization widely varyauthority to create ...: 962
• The mayor his term functions and powers: 964
• Police department: 974
• City marshal: 979
• Fire department: 980
• The health department: 981
• Law department: 983
• Department of education: 985
• Various municipal departments: 987
• ELIGIBILITY TO HOLD PUBLIC OFFICE OR PLACE 443 Officer must possess the prescribed qualifications: 988
• Sameresidence: 991
• Sameresidence in ward: 992
• Sameelector or voter: 993
• Sameproperty ownerfree holder: 995
• Samefailure to pay taxes 449 Sameeducational qualifications: 996
• Sameceasing to possess the prescribed qualifications 451 Sameofficer cannot hold two offices: 999
• Sameincompatible offices: 1002
• MANNER OF SECURING OFFICE OR PUBLIC PLACEELECTION OR APPOINTMENTTESTING TITLEQUALIFYING ETC 453 Manner of conf...: 1003
• Authority to appoint to office or situation in the public ser vice: 1004
• Sameonly by the authority named: 1008
• Same delegation of power to elect or appoint forbidden: 1009
• Sameby mayor: 1010
• Charters often prescribe that the council or common council shall have power to appoint or elect certain municipal offi: 1011
• Title to office is determined by quo warranto not by manda: 1025
• Proceedings by quo warranto to determine title to office: 1027
• Power of municipal legislative body to judge of the elec tion and qualification of its own members and other mu nicipal officers: 1028
• Contesting elections in courts 473 Acceptance of officecompelling acceptance: 1034
• Qualifying to perform duties of office: 1035
• cers: 1037
• Samebondfailure to give: 1038
• When term of office begins 478 When vacancy in office exists: 1041
• What authority to fill vacancy: 1042
• DE FACTO OFFICERS 480 De facto officer described: 1045
• Mere intruders are not de facto officers: 1047
• There can be no de facto officer where there is no corre sponding office known to the: 1048
• When officers holding over are de facto officers 484 Acts of de facto officers are valid: 1050
• Questioning title of de facto officer: 1052
• Sameholding overno successor: 1056
• Same during good behavior: 1061
• Sametenure at will of authority which confers office: 1062
• Samechange of class or grade or of municipal organiza tion: 1063
• Samechanges in term: 1064
• Tenure of assistants: 1067
• How offices may be lost: 1070
• Officer has no vested right in officeoffice may be changed or abolished: 1071
• Resignation of officer: 1077
• Resignation by implication or abandonment of office: 1078
• Resignation or abandonment of office by election to or ac ceptance of another office: 1079
• Acceptance of a resignation: 1082
• POWERS AND FUNCTIONS OF OFFICERS SUBORDINATES AND EMPLOYEES AND MISCELLANEOUS THERETO MATTERS 499 Powers a...: 1083
• Power of officer to select subordinates employees agents: 1085
• Power to employ attorneys: 1088
• VOLUME II: 1089
• Samemethod of employment: 1091
• Same ratification of unauthorized employment: 1092
• Officers to give time to public duties 506 Classification of employeescivil service 507 Promotions in office and public place: 1093
• Reduction in office and public place: 1094
• Transfer of officers and employees 510 Power to grant leave of absence and vacation: 1095
• Pensions for officers and employees: 1096
• Samegranting of pensions how far discretionary 513 Municipal officers cannot be interested in contracts of any character with the city: 1101
• Reimbursing or indemnifying officer: 1110
• SALARIES AND COMPENSATION FEES AND COMMISSIONS 515 Express legal provision is necessary to entitle an officer to salary or compensa...: 1113
• Power to fix salaries compensation: 1118
• Salary or compensation of de facto officersdefect in law or election or appointment: 1123
• Salary as between de jure and de facto officer: 1125
• Salary or compensation where the office or position is legally abolished: 1127
• Salary or compensation in case of removal or suspension from office: 1128
• Fees and commissions: 1135
• Expenses appertaining to public office: 1136
• Acceptance of a less sum than that allowed by: 1138
• Assignment of salary 525 Extra compensation not allowed: 1140
• Secs Pages: 1143
• Same when extra compensation may be received: 1144
• Illegal salaries or fees may be recovered: 1146
• Changing salaries or compensation of officers and employees: 1147
• Laws forbidding change of salary during term: 1149
• Fees or compensation of attorneys and agents specially em ployed: 1154
• Certifying and paying salaries: 1155
• Right to salary in case of absence: 1157
• Salary after expiration of term: 1159
• LIABILITIES OF OFFICERS 536 General rules as to liability of public officers stated and illus trated: 1164
• Personal liability for negligence: 1170
• Personal liability on contracts: 1175
• Liability for loss of public funds: 1178
• Liability for wrongful disbursement of public funds: 1181
• Issuing and disposing of invalid paper 542 Wrongful tax levy: 1182
• Failure to cause municipal obligations to be satisfied 544 Unlawfully removing another from office 545 Liability for legislative acts: 1184
• Action on official bonds: 1187
• Same subject: 1189
• Wrongful or negligent acts of subordinates: 1195
• Civil liability of local and municipal judges 550 Criminal liability of municipal officers agents and servants: 1199
• REMOVAL AND SUSPENSION OF OFFICERS: 1205
• Exercise of powercontrolling law 552 Removal of officer for cause 553 Removal of elective officernature of power 554 Officer appointed for a defi...: 1213
• Removal from office to be by agency authorized: 1214
• Sufficiency of cause for removal: 1219
• Restrictions as to removalcivil serviceveterans acts 558 Removal of appointive officer without term 559 Removal of subordinates and employees: 1233
• Samepresentation and sufficiency of charges: 1241
• Same who may actcomposition of tribunal: 1242
• Same the hearing or trial: 1244
• Samethe evidence: 1247
• Samejudgment and record: 1248
• Judicial review of removal proceedings: 1249
• Consideration by courts in reviewing removal proceedings practice: 1252
• Certiorari to review proceedings are sanctioned in most ju risdictions: 1254
• Mandamus to review removal proceedingsreinstatement: 1257
• CHAPTER 13: 1260
• Reconsiderationgeneral powers respecting 613 Power to rescind prior acts 614 Rescinding votes in electing and appointing officers: 1261
• Corporate meetings required: 1266
• Kinds of corporate meetings statednotice: 1267
• Corporate meetings at common lawcorporate and select assembly: 1271
• New England town meetingsnotice or warning indispensa: 1272
• Sufficiency of notice or warning: 1274
• What the notice or warning must specify: 1275
• Illustrative cases as to specification in notice or warrant: 1276
• Legal governing bodyde facto councils and officers: 1277
• Presiding officer in this countrymayor as member: 1283
• Right to preside is franchise 586 Duties of presiding officer: 1287
• Signing of bills by presiding officer: 1288
• When mayors approval of proceedings necessary: 1289
• Mayors approval must be in writing: 1290
• Casting vote by presiding officer: 1291
• Casting vote of mayor to confirm his own appointees: 1294
• Quorum defined: 1295
• Quorum and majority at common: 1296
• Quorum and majority of definite body: 1297
• When definite vote required: 1304
• Vote necessary in suspending rules: 1308
• Quorum and majority in elections by the council: 1310
• How quorum affected by interest of members: 1315
• Quorum of joint assemblies of definite bodies: 1318
• Special meetingsnotice: 1319
• Power to adjourn meetings: 1323
• Business that may be transacted at adjourned meetings: 1326
• Council as continuous body: 1327
• Action of legislative body consisting of two branches: 1329
• Rules for conducting businessparliamentary: 1331
• Taking yeas and nays: 1336
• Reasons for requiring yeas and nays: 1338
• Reading bills on three different days: 1339
• Ratification of void acts: 1343
• Committees: 1352
• Power to commit for contempt: 1355
• CHAPTER 14: 1357
• Who to keep municipal records: 1359
• Sufficiency of recordpresumption: 1361
• Sametaking yeas and nays: 1365
• Municipal records as evidence: 1368
• Reports of committees and officers as evidence: 1371
• Parol evidence to prove record: 1372
• Parol evidence to show omissions: 1376
• Same subjectimperfect recordrights of creditors: 1378
• Amendment of record: 1379
• Method of amending: 1382
• Court may order amendmentmandamus 629 Amendment after lapse of timeestoppelex post facto: 1383
• Inspection of municipal record: 1385
• Enforcing delivery of municipal records: 1387
• CHAPTER 15: 1389
• SITES OF VALID MUNICIPAL OR DINANCES: 1390
• Ordinances defined: 1391
• Difference between ordinance and resolution 13891455: 1393
• Illustrations as to when ordinance is necessary: 1395
• Samecreating offices and situations: 1397
• When action may be taken by resolutionillustrations: 1401
• How ordinances differ from rules of procedure: 1405
• Classification of ordinances 640 Same general and special: 1406
• Same penal and nonpenalgeneral and special: 1407
• Ordinances may combine contractual and police regulations: 1408
• Force and effect of ordinances: 1411
• Do ordinances differ as to force and effect from charter or statute?: 1412
• Requisites of a valid ordinance: 1414
• Ordinances must conform to charter 647 Ordinances must conform to the statutes and general laws of the state: 1415
• Sameexceptions 649 Ordinances must harmonize with the public policy and common law of the state: 1423
• Ordinances must be enacted in good faith: 1424
• Ordinances must be definite and certain: 1426
• Ordinances of cities of the same class may vary 653 Notice to be taken of ordinances: 1429
• Who are bound by ordinances?: 1430
• Ordinances are operative upon property within the corpo rate limits: 1432
• Samerule as applied to licenses: 1433
• Territorial operation of ordinances: 1434
• Places within municipal jurisdiction: 1436
• Samewharves: 1437
• Sameprivate property: 1439
• Sameregulating speed of trains: 1440
• Judicial limitation of operation of ordinances: 1443
• Ordinances operating in public or particular places only: 1444
• Ordinances applying to a part of the city only are valid: 1445
• Sameimprovement ordinances 666 When do ordinances take effect?: 1448
• Sameillustrative cases: 1450
• Same contingency 669 Expiration and suspension of ordinances: 1453
• CHAPTER 16: 1456
• Public corporations empowered to pass ordinances 671 What body to enact ordinances: 1457
• The ordinance must relate to corporate as distinguished from private affairs: 1458
• Ordinances regulating civil rights and liabilities: 1460
• Samecivil action for breach of ordinance: 1465
• Samelimitationduty to public: 1467
• Charter method of enactment exclusive: 1473
• Form of ordinance: 1474
• The formal parts of an ordinance enumerated: 1477
• Recital of authority to enact is not required: 1478
• Ordinance need not recite necessity of enactment: 1479
• One subject and title: 1483
• Sameillustrative cases: 1485
• Same subject: 1487
• Samethe provision of the ordinance must not be incon sistent with the title: 1489
• Title in revision of ordinances: 1490
• Preamble: 1491
• Signing and approval of ordinance by mayor: 1498
• Veto of mayor: 1504
• Return of bill or ordinance by mayor: 1506
• Ordinances passed and approved by electors: 1508
• Recording ordinances: 1511
• Deposit and custody of ordinances 697 Publication of ordinances and notice of pendency: 1513
• Time and frequency of publication: 1518
• Method of publication: 1519
• Amendment on passage: 1523
• Publication of amendments on passage: 1524
• Consideration of mayors veto: 1525
• Courts will not inquire into legislative motive: 1527
• Samerule limitedministerial: 1530
• The department of public works or the department of pub lic improvements: 1531
• Injunction to restrain passage of ordinance: 1532
• Validating void ordinance by municipality: 1536
• Curative power of legislature over void ordinances 708 Sameproceedings to subscribe for railroad stock: 1539
• Sameto collect taxes: 1541
• CHAPTER 17: 1543
• SameNorth Carolina doctrine 720 Penalty must be reasonablelimit: 1562
• Limit of finecontinuous or separate offense: 1565
• Same subject: 1566
• Heavier penalty for second offense authorized: 1568
• CHAPTER 18: 1570
• Express power to pass OF 15701606: 1571
• General grant and implied or incidental powers: 1574
• Mode of exercise of express power must be reasonable 727 Sameillustrative cases: 1578
• Sameuniform rule necessary: 1580
• Reasonableness is a question of law for the court 730 Rules as to reasonableness under general and implied powers: 1583
• Same subject: 1586
• Same subject: 1588
• SameEnglish casescustom and usage: 1590
• Sameillustrative cases: 1592
• Same subject: 1595
• CHAPTER 19: 1596
• Ordinances in restraint of trade: 1597
• Ordinances must not unreasonably discriminateclassifica: 1601
• tion: 1602
• Sameillustrative cases: 1603
• Secs CHAPTER 19: 1606
• IN GENERAL 2 ORDINANCES IMPAIRING THE OBLIGATION OF CONTRACTS 3 ORDINANCES INTERFERING WITH OR ATTEMPTING T...: 1607
• Samesamepeddlers: 1608
• Regulating personal association employment discrimina tions as to sex: 1627
• Personal libertydrunkenness: 1629
• Mode of trial 752 Officer has no vested right in officeoffice may be changed or abolished: 1630
• The Obligation of the contract: 1635
• Question is for decision of United States Supreme Court: 1637
• Taxation by municipal corporation of its own bonds: 1638
• Ordinances granting franchises as contracts: 1640
• Sameimposing additional burdens: 1643
• Sameexclusive privileges: 1644
• Franchise contracts authorized by state: 1646
• Reservation of right to alter amend or repeal franchisc contracts: 1647
• Contracts of contractors for public work: 1648
• Samerights vested in the contractor: 1650
• Same subjectillustrative cases: 1654
• Same subject: 1657
• Interest on special tax bills as part of obligation: 1658
• When new remedy controls 770 When old law to be followed: 1660
• ORDINANCES INTERFERING WITH OR ATTEMPTING TO REGU LATE FOREIGN OR INTERSTATE COMMERCE 771 Ordinances cannot int...: 1662
• Meaning of term commerce: 1664
• No analogy between the power of taxation and the regula tion of commerce: 1665
• License tax on those engaged in exporting and importing: 1666
• License tax for privilege of selling goods: 1667
• Same discrimination is not the test: 1668
• Samewhere goods sold are in the state: 1669
• Personal contractsoccupation: 1673
• License tax on brokers agents etc engaged in interstate commerce: 1675
• Discriminating license tax void: 1678
• License tax under police power: 1680
• Sametelephone and telegraph poles in streets 784 Taxation of property employed in interstate or foreign commerce: 1683
• License tax on foreign corporations 786 Cannot regulate or tax operations or objects of interstate or foreign commerce: 1688
• Same property in transit: 1691
• Local police regulations: 1693
• Samescope of police power: 1694
• Same subjectillustrative cases: 1697
• Same quarantine laws: 1698
• Same subject: 1700
• Harbor and local police regulations: 1702
• CHAPTER 20: 1703
• How the exercise of the police power may be questioned: 1706
• Estoppel: 1707
• Collateral attack denied: 1708
• Who may question validity: 1709
• Citizens and taxpayers may question validity of ordinances: 1712
• Same subjectillustrative cases: 1715
• Samemandamus: 1717
• Injunction to restrain enforcement: 1720
• Injunction to prevent violation of ordinances: 1725
• Certiorari: 1727
• Sameillustrative cases: 1728
• Quo warranto: 1729
• Rules of construction: 1731
• Same subject: 1736
• Title in construction: 1737
• Contemporaneous construction: 1738
• Construction of penal ordinances: 1740
• Construction of words and terms: 1741
• Construction where ordinance void in part: 1743
• Construction of ordinancesillustrative cases: 1747
• Same subject: 1751
• Samewho liablelandlord and tenant: 1753
• Same subject: 1755
• Secs Pages: 1758
• Question of intentillustrative cases: 1777
• Implied or constructive repeals are not favored: 1780
• Implied or constructive repeals are sustained: 1782
• Implied repeals of general and special ordinances: 1785
• Effect of repealrevival: 1787
• Secs: 1789
• Samepenal ordinances: 1791
• Sameimprovement ordinances 837 Effect of repeal and reenactment: 1792
• Effect of revision of ordinances as to repeal: 1793
• Repeal of ordinance by ordinance only: 1795
• When ordinances and charter provisions are superseded by charter amendment: 1796
• When charter provisions supersede general laws: 1799
• Same subject: 1802
• When ordinances supersede general laws: 1803
• Effect on ordinances by surrender of special charter change in class or grade: 1807
• Effect on ordinances on dissolution and reorganization: 1808
• Sameby consolidation or change of corporate limits: 1809
• CHAPTER 22: 1810
• Pleading substance of ordinance: 1816
• Pleading ordinance by title and date of passage: 1818
• Pleading negligence in violation of ordinance: 1819
• Sameproof of acceptance of ordinance by defendant 854 Samerelating to public safety 855 Samerelating to operation of railroad trains and street cars: 1822
• Samerelating to the removal of snow and: 1823
• CHAPTER 23: 1826
• Admissibility of parol testimony to prove: 1846
• Proof of violation of ordinance as evidence of negligence 874 Proof of violation by plaintiff in actions for civil liability: 1853
• CHAPTER 24: 1857
• the municipal corporation: 1858
• SameCaliforniaConnecticut 880 SameGeorgia: 1867
• SameIllinois: 1868
• SameKentucky 883 SameMissouri: 1869
• SameNorth Carolina 885 SameRhode IslandIndiana: 1870
• SameTexas: 1871
• Can there be two punishments?: 1874

Bibliographic information

• Title: A Treatise on the Law of Municipal Corporations, Volume 2; A Treatise on the Law of Municipal Corporations, Eugene McQuillin
• Author: Eugene McQuillin
• Publisher: Callaghan, 1911
• Length: 6425 pages