Commentaries on the Law of Municipal Corporations, Volume 1 |
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Page 72
... Court , which had power simply to record the petition and designate the boundaries of the cor- poration was not in conflict with the Constitution , as the statute , and not the court , determined , the extent and nature of the powers of ...
... Court , which had power simply to record the petition and designate the boundaries of the cor- poration was not in conflict with the Constitution , as the statute , and not the court , determined , the extent and nature of the powers of ...
Page 82
... court inclining to hold such an enactment to be a special act , and one which undertook to confer corporate powers . * It was decided that while the provision of the Constitution. - exempt the railway company from the operation of the ...
... court inclining to hold such an enactment to be a special act , and one which undertook to confer corporate powers . * It was decided that while the provision of the Constitution. - exempt the railway company from the operation of the ...
Page 83
... Court of the United States , it is not denied that the Supreme Court of a State is the appointed expositor of its Constitution and laws , and that the Federal courts will adopt as rules for their own judgments the decisions of the highest ...
... Court of the United States , it is not denied that the Supreme Court of a State is the appointed expositor of its Constitution and laws , and that the Federal courts will adopt as rules for their own judgments the decisions of the highest ...
Page 94
... court discusses and examines the nature of municipal corporations and the relation they sustain to the State , of which they are treated as arms or agencies . The court says , " A municipal corporation like the city of Baltimore is a ...
... court discusses and examines the nature of municipal corporations and the relation they sustain to the State , of which they are treated as arms or agencies . The court says , " A municipal corporation like the city of Baltimore is a ...
Page 97
... court of appeals of Maryland held the regents of the university of that State to be a private corporation , though its ends were public , Buchanan , C. J. , delivering the judgment of the court , thus defines a public corporation : " A ...
... court of appeals of Maryland held the regents of the university of that State to be a private corporation , though its ends were public , Buchanan , C. J. , delivering the judgment of the court , thus defines a public corporation : " A ...
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Common terms and phrases
aldermen Allen amotion authority Bank Barb body bonds borough Boston by-laws chap charter Chicago cited city council Com'rs common council common law Commonwealth conferred Conn Constitution contract County Cush debt Denio Dillon Dist duties election England England towns exercise grant Gray held incorporated infra inhabitants Iowa Jersey City jury Keokuk legislative legislature liability license limits Louis Mass Mayor ment Minn municipal charter municipal corporation N. J. Eq nuisance officers Ohio Ohio St ordi ordinance Orleans penalty person Pick police poration prohibiting provision purposes quasi corporations quo warranto Railroad Railroad Co regulate repeal Smith statute streets Strob supra Supreme Court tion town valid violation void vote Vroom W. R. Co Wall Wend wharf York Zabr
Popular passages
Page 145 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 204 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding 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 37 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 512 - That no person arrested or confined in jail, shall be treated with unnecessary rigor, or be put to answer any criminal charge, but by presentment, indictment or impeachment.
Page 38 - It is chiefly for the purpose of clothing bodies of men in succession with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capaple of acting for the promotion of the particular object, like one immortal being.
Page 166 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services, which not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.
Page 207 - ... No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness...
Page 115 - York of 1828, chap. 18, tit. 3, it was enacted that "the charter of every corporation that shall hereafter be granted by the legislature shall be subject to alteration, suspension, and repeal, in the discretion of the legislature.
Page 201 - SEC. 18. .No county, city, town, township, Board of Education, or school district, shall incur any indebtedness or liability in any manner or for any purpose, exceeding in any year the income and revenue provided for it for such year, without the assent of two thirds of the qualified electors thereof voting at an election to be held for that purpose...
Page 529 - The act of incorporation is to them an enabling act; it gives them all the power they possess; it enables them to contract, and when it prescribes to them a mode of contracting, they must observe that mode, or the instrument no more creates a contract than if the body had never been .incorporated.