The Law of Municipal Corporations, Том 2James Cockcroft, 1873 - 988 страница |
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Страница 530
... unless by virtue of express legislation to that effect ; and consequently , a municipal corporation has the common law or implied power , unless restrained by charter or statute , to purchase and hold all such real estate as may be ...
... unless by virtue of express legislation to that effect ; and consequently , a municipal corporation has the common law or implied power , unless restrained by charter or statute , to purchase and hold all such real estate as may be ...
Страница 533
... unless this power is conferred by the legislature . It has been expressly decided that a conveyance to a municipal corpora- tion of lands beyond its boundaries , for the purpose of a street , is void , though the corporation has , by ...
... unless this power is conferred by the legislature . It has been expressly decided that a conveyance to a municipal corpora- tion of lands beyond its boundaries , for the purpose of a street , is void , though the corporation has , by ...
Страница 535
... unless specially restrained , of taking property , real and personal , in trust for purposes germane to the objects of the corporation , or which will promote , aid , or assist in carry ing out or perfecting those objects . So such ...
... unless specially restrained , of taking property , real and personal , in trust for purposes germane to the objects of the corporation , or which will promote , aid , or assist in carry ing out or perfecting those objects . So such ...
Страница 544
... unless restrained by charter or statute ; they cannot , of course , dispose of property of a public nature , in violation of the trusts upon which it is held , nor of the public squares , streets , or commons . ' The distinction is ...
... unless restrained by charter or statute ; they cannot , of course , dispose of property of a public nature , in violation of the trusts upon which it is held , nor of the public squares , streets , or commons . ' The distinction is ...
Страница 545
... unless restrained , to dispose of property of a private nature . Newark v . Elliott , 5 Ohio St. 113 ; 2 Washb . Real Prop . 588 ( 2d edition ) , top . The English Municipal Corpo- rations Act of 1835 imposes certain specific restraints ...
... unless restrained , to dispose of property of a private nature . Newark v . Elliott , 5 Ohio St. 113 ; 2 Washb . Real Prop . 588 ( 2d edition ) , top . The English Municipal Corpo- rations Act of 1835 imposes certain specific restraints ...
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action adjoining Allen Ante appeal applied assessment authority Baltimore benefit Boston bridge building caused chap charter Chicago cited collect Commissioners common Commonwealth compel compensation conferred Conn considered constitution construction council County court damages decided dedication directed duty easement effect equity exercise express give given grant Gray ground held highway hold improvements individual injury interest Iowa judgment Justice land legislative legislature levy liable limits Louis Maine mandamus Mass Mayor mode municipal corporation nature necessary neglect objects officers Ohio St opinion owner party perform person Post principle private property proceedings proper provision question Railroad Company railway reason referred relator remedy repair respect road rule statute streets supra Supreme Court taken taxation tion town trust United unless Wall Wend writ York
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Страница 716 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.
Страница 702 - It is a principle universally declared and admitted that municipal corporations can levy no taxes, general or special, upon the inhabitants or their property, unless the power be plainly and unmistakably conferred.
Страница 699 - Provision shall be made by general law for the organization of cities, towns, and villages; and their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, shall be so restricted as to prevent the abuse of such power.
Страница 583 - The right of trial by jury shall remain inviolate; but the General Assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.
Страница 675 - But it is not every obstruction, irrespective of its character or purpose, that is illegal, even although not sanctioned by any express legislative or municipal authority. On the contrary, the right of the public to the free and unobstructed use of a street or way is subject to reasonable and necessary limitations.
Страница 634 - Municipal corporations, as we have seen, have in some respects a double character — one public, the other (by way of distinction) private. As respects property not held for public use or upon public trusts, and, as respects contracts and rights of a private nature. there is no reason why such corporations should not fall within limitation statutes, and be affected by them.
Страница 589 - ... repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases where private property shall be taken for public use, a compensation therefor shall first be made in money, or first secured by a deposit of money, and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.
Страница 820 - Act ; and in case the borough fund shall be more than sufficient for the purposes aforesaid the surplus thereof shall be applied under the direction of the council, for the public benefit of the inhabitants and improvement of the borough...
Страница 635 - The author cannot assent to the doctrine that, as respects public rights, municipal corporations are impliedly within ordinary limitation statutes. It is unsafe to recognize such a principle. But there is no danger in recognizing the principle of an estoppel in pais as applicable to...
Страница 712 - We admit the proposition of the counsel, that the revenue must be municipal in its nature to entitle it to the exemption claimed. Thus, if an individual should make the city of Baltimore his agent and trustee to receive funds, and to distribute them in aid of science, literature, or the fine arts, or even for the relief of the destitute and infirm, it is quite possible that such revenues would be subject to taxation. The corporation would therein depart from its municipal character, and assume the...