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THE CIRCUIT JUDGE OF THE UNITED STATES FOR TIIE EIGHTH JUDICIAL CIRCUIT,
PROFESSOR OF LAW IN THE UNIVERSITY OF JOWA, AND LATE ONE

OF TUE JUSTICES OF THE SUPREME COURT OF IOWA

SECOND EDITION - REVISED AND ENLARGED

VOL. II.

NEW YORK
JAMES COCKCROFT & CO

1873

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Entered, according to Act of Congress, in the year 1873,

By JOHN F. DILLON, In the office of the Librarian of Congress, at Washington CHAPTER XV.

CORPORATE PROPERTY,

8 427. We have next to consider the powers of municipal corporations relating to property.' The history of the capacity of such corporations to acquire and hold property is so clearly given by Mr. Justice Campbell, in his learned judgment, in the great McDonough Will Case,' in the Supreme Court of the United States, that it fittingly serves as an introduction to the more special discussion and treatment of the subject. Civil Law : The Roman jurisprudence,” he observes, “seems originally to have denied to cities a capacity to inherit, or even to take by donation or legacy. They were treated as composed of uncertain persons, who could not perform the acts of volition and personalty involved in the acceptance of a succession. The disability was removed by the Emperor Adrian in regard to donations and legacies, and soon legacies ad ornatum civitatis and ad honorem civitatis became frequent. Legacies for the relief of the poor, aged, and helpless, and for the education of children, were ranked of the latter class. This capacity was enlarged by the Christian Emperors, and after the time of Justinian there was no impediment. Donations for charitable uses were then favored ; and this favor. able legislation was diffused over Europe by the canon law, so that it became the common law of Christendom."

§ 428. Subsequent Modification in Europe.-“When the power of the clergy began to arouse the jealousy of the temporal authority, and it became a policy to check their influence and wealth-they being, for the most part, the

Extent of legislative authority over the property of municipal and public corporations. Ante, chap. IV.

: McDonough Will Case, 15 How. 367, 403, 1853. The nature of Mr. McDonough's will, in favor of the cities of New Orleans and Baltimore, willi be found stated further on in this chapter

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