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ON THE LAW OF
JOHN F. DILLON, LL.D.,
MEMBER L'INSTITUT DE DROIT INTERNATIONAL; LATE PROFESSOR OF REAL ESTATE
FORMERLY CIRCUIT JUDGE OF THE UNITED STATES
CHIEF JUSTICE OF THE SUPREME
COURT OF IOWA.
THOROUGHLY REVISED AND ENLARGED.
CONTENTS OF VOLUME II.
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
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
1. Importance of the doctrine of dedication.
4. Extent of dedication as respects the donor.
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.
MUNICIPAL TAXATION AND LOCAL ASSESSMENTS.
Nature of taxing 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
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
REMEDIES TO PREVENT, CORRECT, AND
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
4. Indictment : When it lies against the corporation, and when against its