Handbook of the Law of Public Corporations

Front Cover
West Publishing Company, 1904 - Corporation law - 738 pages

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Contents

Negligence of Attorneys Physicians and Public Officers
9
Death by Wrongful
10
Public CorporationsDefinition 1112
11
Classification 1214
12
Amendatory and Amended Acts
13
Legislative SanctionOrigin 1418
14
Declaratory Statutes
15
The Rule of Stare Decisis as Applied to Statutory Construc tion
16
Interpretation of Judicial Decisions and the Doctrine of Prec edents
17
Civil Rights and Their Protection by the Constitution
18
CHAPTER II
19
Constitutional Guaranties in Criminal Cases
20
Laws Impairing the Obligation of Contracts
21
Retroactive Laws
22
Immunities 2326
23
Statute of LimitationsSetoff
24
Evidence and Costs
25
Distinguishing Elements 2731
27
Counties 3134
31
Creation of CountiesLegislative Power 3436
34
1213 PropertyPublic UseSovereign Power 3637
36
Government and Officers 3839
38
Powers of County Government 3940
39
Powers of County Government Continued 4147
41
Torts
48
Police Power 5052
50
QUASI CORPORATIONS Continued Section Page 20 County Liabilities 5356
53
ContractsSubjectMatter 5763
57
Forms of Contracts 6365
63
Borrowing Money 6668
66
County Bonds 6978
69
Fiscal Management 7984
79
ING CORP ix
81
Taxation 8590
85
Legislative Control 9092
90
CHAPTER IV
93
New England Towns 9598
95
Townships 98100
98
Section
99
School Districts 100105
100
Other Local Quasi Corporations 106107
106
BoardsCommissionersCompanies 107109
107
Part II
110
The State 118119
118
The Territories 120121
121
History 122125
122
CHAPTER IX
194
Municipal Officers Charged with Performance
199
Franchises
207
Property
213
Meetings
223
Mode of Enactment
231
Fines and Penalties
248
Municipal DutyLiability for Failure in 412415
412
Reasonable Care of Streets
419
Section Page 143 Bridges and Viaducts 429431
429
Drains and Sewers 431434
431
Respondeat Superior 435137
435
Ultra Vires 437440
437
CHAPTER XVII
441
Limitation of Indebtedness 442445
442
Municipal Bonds 445446
445
Borrowing Money 446
446
Express and Implied Power to Issue 448
448
Municipal Warrants 450451
450
Funds 451452
451
452454
452
Expenses 454455
454
Budget 4574156
455
Claims varmŞ 457459
457
Appropriation
459
CHAPTER XVIII
460
Judicial Question 465467
465
What are Public Purposes 168169
468
Apportionment of Taxes 470474
470
Subjects of Taxation 474470
474
State May Impose 479481
479
Limitation of Express Power 481482
481
Implied Power 482481
482
License Tax 484485
484
Power ExercisedHow and by Whom 485186
485
Assessment and Collection 487489
487
Taxation for Creditors 490491
490
Quo Warranto
506
Part III
521
Subject to Public Regulation and Control 527529
527
Objects and Limits of Regulation
535
Public Qualities
541
Delegated Power
549
CHAPTER XXII
574
State Control
581
Municipal Control
587
CHAPTER XXIII
593
Regulation of Prices by MunicipalityLimitations 600601
600
Municipal Ownership and OperationLiability
608
Classes
617
ING CORP
623
Sidewalks
718
Appendix
By FRANCIS B TIFFANY TABLE OF CONTENTS Chap
Contract in General
Evidence 15 Habeas Corpus
Title
Offer and Acceptance 3 Classification of Contracts 4 Requirement of Writing 5 Consideration 6 Capacity of Parties 7 Reality of Consent 8 Legality of...
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Common terms and phrases

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Page 608 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...
Page 535 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Page 601 - What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public.
Page 23 - A municipal corporation proper is created mainly for the interest, advantage and convenience of the locality and its people ; a county organization is created almost exclusively with a view to the policy of the state at large...
Page 76 - ... where it may be gathered from the legislative enactment that the officers of the municipality were invested with power to decide whether the condition precedent...
Page 143 - (1) the existence of a charter or some law under which a corporation with the powers assumed might lawfully be created; and (2) a user by the party to the suit of the rights claimed to be conferred by such charter or law.
Page 264 - Offices are created for the benefit of the public, and private parties are not permitted to inquire into the title of persons clothed with the evidence of such offices and in apparent possession of their powers and functions. For the good order and peace of society their authority is to be respected and obeyed until in some regular mode prescribed by law their title is investigated and determined. It is manifest that endless confusion would result if in every proceeding before such officers their...
Page 29 - With scarcely an exception, all the powers and functions of the county organization have a direct, and exclusive reference to the general policy of the State, and are, in fact, but a branch of the general administration of that policy.
Page 2 - A body politic, or body incorporate, is a collection of many individuals, united into one body, under a special denomination, having perpetual succession under an artificial form, and vested, by the policy of the law, with the capacity of acting in several respects as an individual...
Page 1 - 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.

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