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ON THE LAW OF

MUNICIPAL CORPORATIONS.

BY

JOHN F. DILLON, LL.D.,

MEMBER L'INSTITUT DE DROIT INTERNATIONAL; LATE PROFESSOR OF REAL ESTATE
AND EQUITY JURISPRUDENCE IN COLUMBIA COLLEGE LAW SCHOOL ;

FORMERLY CIRCUIT JUDGE OF THE UNITED STATES
FOR THE EIGHTH JUDICIAL CIRCUIT, AND

CHIEF JUSTICE OF THE SUPREME

COURT OF IOWA.

FOURTH EDITION,

THOROUGHLY REVISED AND ENLARGED.

Vol. II.,,-2

BOSTON:
LITTLE, BROWN, AND COMPANY.

1890.

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CONTENTS OF VOLUME II.

CHAPTER XV.

CORPORATE PROPERTY.

History of corporate capacity to take, hold, and dispose of property. Result

stated. Grants to corporations. Statutes of mortmain. Charter the source of power. Power to take by devise and gift; to hold in trust.

Girard's will; McDonough's will; McMicken's will ; Mullanphy's will. Power to act as charitable trustees. Effect of corporation exceeding its power to hold property. Alienation of property. Sales on execution. Mode of alienation. Mortgages. Leases. Conveyances and their requisites. $$ 556-582

CHAPTER XVI.

EMINENT DOMAIN.

General nature of the power. Constitutional restrictions. Legislature may au

thorize fee to be taken for streets and public places, but no more in amount than necessary. Dower in streets and public places. Public use. Parks. Ornamental purposes. Public squares. Legislative determination of public character of use, how far conclusive. Authority delegated to municipalities. Construction of power. Must be strictly pursued. Illustrations. Right of municipal authorities to abandon proceedings. When right ceases. Remedy of land-owner. Appeal. Certiorari. Injunction. Special remedies. Compensation, when to be made. Damages and benefits. Assessments upon abutters. Tribunal to determine amount. When by jury. Amount of damages. Special benefits and injuries. Rules to measure damages stated • SS 583-625

CHAPTER XVII.

DEDICATION.

1. Importance of the doctrine of dedication.
2. Statutory and common-law deilications.
3. Common-law dedication ; rationale and requisites.

4. Extent of dedication as respects the donor.
5. Who may dedicate ; intent; how established.
6. Effect of long use and acquiescence.
7. Effect of platting and sale of lots.
8. Acceptance by the public; when and for what purpose necessary.
9. Dedication of public squares and their uses.
10. Dedications for other purposes.
11. Alienation and change of use.
12. Reverter; misuser; remedy .

S$ 626-653

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Legislative control. Its extent. Legalization of obstructions. Remedy by

indictment, in equity, and by action. Remedy of corporation by ejectment and effect of judgment. Vacation of streets. Prescription and adverse possession. Statute of limitations. Highways and roads within city limits. Municipal authority over streets and their uses. Power to improve and grade, exclusive privileges therein. Gas pipes; water pipes; telegraph poles. Openings under sidewalk. Railroads on, under, and over streets : extent of legislative authority. Delegated authority, how conferred and construed; rate of speed. Horse railways in streets : extent of municipal power ; its construction and limitations. Rights and liabilities of the company. Whether an additional servitude. Cases cited. Conclusions stated. Bridges : Construction, repair, and liability. Streets primarily for public travel and use. Lirnitations on free transit and use. Building materials on streets and sidewalks ; necessary temporary obstructions; projecting shutters and doors.

SS 654-734

CHAPTER XIX.

MUNICIPAL TAXATION AND LOCAL ASSESSMENTS.

Nature of taxing power.

Power

may be delegated to municipalities. Restrictions in Federal Constitution. State constitutional provisions. Local assessments to pay for local improvements. Constitutionality of special assessments. Provisions of State Constitutions construed. Municipal power to tax must be clear. Construction of grants of this character. Mode of exercising power. General revenue laws, how far applicable to municipalities with special charters. Exemption from taxation. “ Tax” and “ assessment " distinguished. Power of municipalities to tax incapable of delegation. Is a continuing one. What property may be, and what must be, taxed. Taxation of trades and occupations. Municipal taxation of rural lands. Paving streets. What the power to pave includes. Conditions and mode of exercise. Drains and Mode of collecting general and special taxes

SS 735-822

sewers.

S$ 823-887

CHAPTER XXI.

QUO WARRANTO.

Xature of proceeding. Usurpation of municipal office and franchises. Validity

of municipal elections; when tested on mandamus to admit, and when by

quo warranto. Office of writ or informatiou. When writ or rule granted ;

when not. Judgment

S$ 888–905

CHAPTER XXII.

REDRESS

ILLEGAL

CORPORATE

REMEDIES TO PREVENT, CORRECT, AND

ACTS.

1. In Equity : When injunction will lie ; at whose suit ; right of attorney-

general ; of the citizen and taxpayer; when equity will interfere to

prevent abuse or misuse of corporate powers ; illegal appropriations

and illegal taxes.

2. Certiorari : When the proper remedy; when it lies; when not; what

may be examined under.

3. Prohibition : When it may be resorted to, and the nature of the

remedy.

4. Indictment : When it lies against the corporation, and when against its

officers

SS 906-934

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