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student or professional writer must ever be a stranger, and which can be had only upon the Bench or at the Bar.

Some peculiarities in the manner of its preparation will be observed. The aim throughout has been to make a work which will be useful to the profession. Aware that in most cases access to complete law libraries cannot be had, the author has endeavored, as far as practicable, to supply this want, and to make the text and notes exhibit the substance of the adjudications. This explains why so much care has been taken to cite the cases bearing upon the subjects discussed, and accounts for the fulness of proofs and illustrations to be found in the notes.

He trustfully submits the work, which fills up the interstices between judicial duties for nearly nine years, to the profession for whose assistance it is designed, and whose final judgment on it will not be otherwise than just. If he could be assured that it has a value at all proportioned to the labor first and last bestowed upon it, he would venture to hope for a judgment not altogether unfavorable.

DAVENPORT, Iowa, 1872.

NOTE. The first edition of this work was dedicated as follows:

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TO THE

HONORABLE SAMUEL F. MILLER, LL.D.

ASSOCIATE JUSTICE OF THE SUPREME COURT

OF THE UNITED STATES.

Whether I share in the general admiration of your judicial talents, or listen to the more persuasive suggestions of a voice that comes to me from long association at the bar and upon the bench, there is no one to whom I can inscribe, so fittingly as to yourself, a work relating to an important branch of that science which you have studied so deeply and understand so well.

CONTENTS OF VOLUME I..

CHAPTER I.

MUNICIPAL INSTITUTIONS. — INTRODUCTORY HISTORICAL AND GENERAL VIEW.

Ancient cities. Grecian cities. Roman municipalities. State of towns in Europe after the fall of the Roman Empire. Medieval charters. Charters of community in France. Modifications of Roman municipal system. Enfranchisement of towns in Spain, and its causes. Municipal system of Great Britain. Historical sketch of boroughs: their incorporation and distinctive features. Origin of popular representation. London and its municipal history and charters. Corruption and abuses in the English municipal corporations. Reform Act of 1835. Lord Brougham's services in promoting municipal reform. American municipal system. Its early origin. Decentralized character. Operation and effects. Corruption and abuses. Remedies suggested. Results summed up SS 1-17

CHAPTER II.

CORPORATIONS DEFINED AND CLASSIFIED.

General definition. Municipal corporations defined. Different kinds and grades of public corporations. Quasi corporations. New England towns: powers and mode of government. City governments. The State as a public corporation §§ 18-31

CHAPTER III.

CREATION AND SEVERAL KINDS OF MUNICIPAL CORPORATIONS.

In England. - Royal and parliamentary corporations. The old English municipal corporations. Their diverse character. Integral parts. Abuses in municipal rule. Municipal Reform Corporations Act of 1835. Abstract of its leading provisions. Constitutes the English corporations upon a uniform model.

In the United States.
Their
Created by State legislative enactment.
great numbers. Creation by Territorial legislatures. Special charters and

general incorporating acts. Outline of ordinary municipal charter. Advantage of general incorporating acts. Creation by implication. Acceptance of charter. Submission to vote of inhabitants. Local option laws. Special constitutional provisions and their construction. General and special acts. Restriction on municipal powers. Title of incorporating charter or $$ 32-51

acts

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CHAPTER IV.

PUBLIC AND PRIVATE CORPORATIONS DISTINGUISHED.

LEGISLATIVE POWER

AND ITS LIMITATIONS.

Importance of the distinction between public and private corporations. Difference defined. Scope of legislative authority. Complex character of ordinary municipalities. Distinction between public or State and municipal or local powers. Legislative authority over corporate funds and revenues. Limitation in favor of creditors. Power over corporate boundaries and public property. Whether municipal corporations are in any respect private. Cases cited and criticised. Public powers and rights held at the will of the legislature. Creditor's rights cannot be impaired. Illustrations from decided cases. Extent of legislative power over the private property of municipal corporations discussed. May be compelled by the legislature to pay debts not legally binding; and to incur debts against their will. Power over trust property $$ 52-80

CHAPTER V.

MUNICIPAL CHARTERS.

General Municipal Powers. · Their Nature and Construction. Charters defined. Judicially noticed. Proof of corporate existence; user; legislative recognition. Repeals and amendments. General laws and special charters; conflict; constructions.

Extent of power; limitations; canons of construction. Usage as affecting municipal powers. Discretionary powers not subject to judicial control. Public powers and trusts not capable of delegation. Legislative powers incapable of surrender. Mandatory and discretionary powers; difference defined and illustrated. Revenues exempt from judicial seizure. Garnishment. §§ 81-101

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15. Aid to railway companies, and herein of the constitutional power of the legislature; cases cited. Power must be express. Construction of special grants of power; cases cited

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§§ 102-164

CHAPTER VII.

DISSOLUTION OF MUNICIPAL CORPORATIONS.

In England: 1. By act of parliament. 2. By loss of integral part. 3. By surrender. 4. By forfeiture. These modes, except the first, not applicable in this country. Effect of dissolution on property and debts. Authorities reviewed. Revival of corporation and its effect S$ 165-174

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CHAPTER VIII.

CORPORATE NAME, BOUNDARIES, AND SEAL.

Corporate name. Name as respects grants and contracts. Name as respects suits. Corporate boundaries. Legislative enlargement of territorial limits. Territorial division; its effect on property and rights. Corporate seal; proof of §§ 175-192

CHAPTER IX.

MUNICIPAL ELECTIONS AND OFFICERS.

1. Municipal popular elections.

2. Special tribunal to determine election contests for municipal offices.

3. Power to create and appoint municipal officers.

4. Oath and official bond.

5. Duration of official term.

6. Vacancies in municipal offices.

7. Refusal to serve in office.

8. Resignation of municipal office.

9. Compensation of municipal officers.

10. Liability of the corporation to the officer.

11. Liability of the officer to the corporation and to others.

12. Amotion and disfranchisement

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§§ 193-256

CHAPTER X.

CORPORATE MEETINGS.

1. Common-law requisites of a valid corporate meeting. 2. Notice of corporate meetings at common law and under the English Municipal Corporations Act.

3. New England town meetings; requisites of notice and power of adjournment.

4. Constitution and meetings of councils or of select governing bodies; and herein of quorums and majorities; of integral parts; and of stated, special, and adjourned meetings. Mode of proceeding when convened

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§§ 257-292

CHAPTER XI.

CORPORATE RECORDS AND DOCUMENTS.

Means of evidence. Clerk pro tem. Power to amend records. Admissibility of parol evidence. Remedy to compel delivery of books and records. Mandamus. Replevin. Inspection of corporate documents and records. Records as evidence. Originals and authenticated copies. §§ 293-305

CHAPTER XII.

MUNICIPAL ORDINANCES OR BY-LAWS.

1. Definition, general nature, and common-law requisites of ordinances.

2. Signing, publication, and recording.

3. Power to impose fines, penalties, and forfeitures.

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5. Ordinances relating to the licensing, regulating, and taxing of amusements and occupations, including the sale of intoxicating liquors.

6. Ordinances relating to public offences.

7. Ordinances relating to the public health, safety, and convenience; herein of hospitals, cemeteries, and burials; nuisances; markets and inspection regulations; dangerous occupations and practices; and of the police powers and general welfare clause in charters.

8. Mode of enforcing ordinances; herein of actions and prosecutions and their nature; mode of pleading ordinances; requisites of complaints to enforce ordinances; construction; defences; evidence, &c.

§§ 306-423

CHAPTER XIII.

MUNICIPAL COURTS.

In England, and at common law. American corporation courts. Constitutional provisions. Constructions. Right to jury trial. Competency of citizens to

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