Commentaries on the Law of Municipal Corporations, Том 4

John Forrest Dillon

Little, Brown,, 1911 - 3802 страница

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CHAPTER XXVII	2309

Page	2314

Elements of Public Use and of Apportionment	2315

Interstate Commerce Hawkers and Peddlers Drummers	2322

Same Subject General Principles	2330

Same Subject Railroad Companies	2337

Same Subject Sleeping Car Companies	2346

State Taxes on Foreign Corporations	2352

Officers compelled if necessary to meet to levy the Required Tax	2693

Jurisdiction of Circuit Courts of the United States in Mandamus Prior Judgment required	2694

Enforcement of Judgments in the Federal Courts Boutwells Case Case of City of Watertown	2697

Boutwells Case not applicable to Corporate Duties No Abate ment by Death or Resignation	2700

Resignation to avoid Duty When ineffectual until Successor is qualified 2702	2702

Distinction between Negotiable Bonds and Ordinary Warrants as to Enforcement	2703

Enforcement of Warrants or Orders in the Federal Courts	2704

Application for the Writ	2705

Due Process of Law Right to Notice and Hearing	2358

Constitutional Restrictions on Taxation or Assessment	2371

Constitutional Provisions in Louisiana Equality and Uni	2378

Constitutional Provisions as to Taxation Uniformity Propor	2384

Exercise of the Delegated Authority by Popular Representatives	2391

Same Subject Special Powers construed	2401

The Objects of Taxation	2406

Extent of Power to tax	2407

Power of Taxation Situs of Property	2408

1390 1391 Locus of Property Taxation of Vessels 24162418	2416

Taxation of Street Railway Companies Gas and Water Com panies	2418

Taxation of Property of Banks Railway Property	2421

Municipal Taxation of Agricultural Lands	2424

Same Subject Rule in Kentucky and Iowa	2427

Municipal Property not taxable	2431

Same Subject Kentucky Decisions	2434

Governmental Instrumentalities not taxable	2436

Taxation of State and Municipal Bonds	2437

Retrospective Taxation Omitted Property Undervaluation	2440

Statutes which exempt Persons or Property from Taxation strictly construed	2443

Prescribed Mode must be pursued	2450

Statutory Limitations of Tax Rate	2453

General Revenue Laws and Special Charter Provisions Con strued	2457

Charter Power held to refer to General Law	2458

Road Taxes and Compulsory Street Labor Polltaxes	2459

Taxing and Police Powers distinguished Scope of Power to license Occupations	2461

Taxation of Vocations Fourteenth Amendment as to Equal Protection of the Laws	2465

Taxation of Vocations Constitutional Provisions	2468

Taxation of Occupations Construction of delegated Authority	2474

Taxation of Vocations	2476

Summary Collection may be authorized by the Legislature	2477

Mode of Collection of Taxes and Assessments	2478

Same Subject Specific Mode held exclusive	2481

When Charter is Silent as to Mode of Collection Suit may be brought	2483

1418 1419 Power to sell for Delinquent Taxes	2484

Lien of Taxes	2485

Same Subject Mode of enforcing Lien	2487

CHAPTER XXVIII	2490

Local Assessments for Local Improvements upon Persons and Property benefited	2492

Same Subject People v Brooklyn Davidson v New Orleans The Fourteenth Amendment	2499

Constitutional Requirements Uniformity and Equality Taxa tion in Proportion to Value	2501

Creation of Taxing Districts New Jersey	2505

Same Subject In New Jersey Change of Judicial Decision and its Effect Agens Case and the Doctrine it established	2510

Front Foot Rule Fourteenth Amendment Norwood v Baker	2512

Front Foot Rule Validity under State Law	2524

Front Foot Assessments Rule in Pennsylvania Michigan Wis consin	2538

Constitution of Illinois Special Assessments Special Taxation Front Foot Rule	2543

Special and General Benefits to Property assessed	2553

Special and General Benefits Pennsylvania	2555

Whether Whole Cost may be imposed on Abutter	2560

General Result summed up	2564

Exemption from Taxation does not include Local Assessments	2572

Distinction between Tax and Assessment as used in Con stitutions and Statutes	2575

Liability of Public and Municipal Property to Special Assess ment for Local Improvements	2577

Special and General Benefits Repaving	2578

Power to Improve Streets construed	2584

Same Subject	2585

Same Subject	2586

Special Assessments against Railways in Streets	2590

Personal Liability of Property Owner	2593

Assent of Abutters when required is Jurisdictional	2595

Estoppel by Silence and Acquiescence	2602

Estoppel by signing Petition for Improvement	2604

When Notice to Abutter is necessary	2607

Sewers Construction by Special Assessment	2611

Sewer Assessments Proportion to Benefits Frontage Area	2615

Same Subject Nonabutting Property	2618

Sewers Construction under Police Power Service Charges	2620

Sewers Scope of Incidental Power	2621

Payment of Assessments in Instalments	2622

Power to make Contract for Local Improvements	2626

1466 1467 Same Subject Conditions Precedent to Abutters Liability 2630	2630

Interest on Assessments	2634

Legislature may authorize Reassessment	2635

CHAPTER XXIX	2643

14801546 MANDAMUS Pages 26432726	2644

Same Subject In this Country	2645

When Mandamus lies	2647

When it lies against Municipal Corporations	2648

Mandamus not granted if the Ordinary Remedies are Adequate	2649

Same Subject Right of Relator must be clear	2650

Mandamus to enforce Payment of Official Salaries c	2651

Inadequacy of Ordinary or Specific Remedy	2654

Distinction between Discretionary Powers and Imperative Duties	2656

Same Subject Mandamus to Federal Officers	2658

Same Subject Writ to Public Officers of a State	2659

1492 1493 Official Discretion not controllable by Mandamus 2660	2660

Instances illustrating Use and Application of the Writ	2662

Mandamus as respects Municipal Elections and Officers In England	2663

Same Subject In this Country	2664

To canvass Votes	2665

To take Municipal Office Whether compellable to serve	2666

To compel Admission to Office	2667

Respective Functions of Quo Warranto and Mandamus	2668

1502 1503 Maryland Rule Title to Office tried in Mandamus	2670

To restore to Municipal Office	2671

To enforce Delivery and Inspection of Books and Papers	2672

To enforce Duties towards Creditors	2673

Creditor sometimes required to recover Judgment before being entitled to a Mandamus	2675

Special Limitations on the Power to levy Taxes	2680

Judgment Creditor not entitled to Mandamus to enforce Collec tion of Tax under an abrogated Statute	2684

Where Creditor is entitled to have a Special Tax levied	2686

Right of Creditor as depending on Legislation at the Date of the Creation of the Debt	2688

Remedy of Bondholder is by Mandamus and not in Equity	2689

Remedy in Federal Court Prior Judgment required Course of Procedure	2690

Creditor entitled to enforce Full Exercise of Power	2691

Official and Private Relators	2706

Demand and Refusal	2710

Formal Demand not always necessary	2711

Rule to show Cause Alternative Writ	2712

Form and Requisites of the Writ	2713

Writ how directed	2714

Direction of Writ English Cases	2715

American Rule	2716

Direction of Writ Distinction	2718

Service of the Writ	2719

Return By whom made and Requisites	2720

Peremptory Writ When issued How obeyed	2721

Form of Peremptory Writ	2722

When not issued When set aside	2723

Attachment how obtained Practice	2724

CHAPTER XXX	2727

Same Subject	2728

Cumulative Statutory Remedies	2730

Proper Remedy to try the Title to Public or Municipal Offices	2731

Defendants Pleas or Answer	2733

In Cases where the Municipal Corporation does not legally exist Rex v Saunders	2734

Usurpation of Franchises Distinction	2737

No Forfeiture of Municipal Charter or Franchises	2738

Same Subject Must be instituted by AttorneyGeneral	2739

Discretion to grant How exercised	2740

Same Subject	2741

Same Subject Rules to guide Judicial Discretion	2742

User by Defendant necessary	2743

Effect of Judgment	2744

CHAPTER XXXI	2746

Usual Remedy is at Law not in Equity	2747

Jurisdiction in Equity of the Federal Courts over Municipal Authorities	2748

Remedies for Corporate Excess of Power	2751

Where Corporation is a Trustee of Property or Funds	2755

Fraudulent Dispositions of Corporate Property and Funds and Abuses of Powers relating thereto	2756

Extent and Mode of Equitable Interference in this Country	2759

Same Subject Rationale of Doctrine Authors View	2765

Same Subject New York Decisions	2781

Same Subject When Injunction Granted When	2788

What may be examined and reviewed	2797

Repair of Bridges Omission of Duty	2803

Ultra Vires as a Defence	2812

Legislative Restriction of Remedies against Municipalities	2821

The Payment must not have been Voluntarily made but made	2828

Same Subject Payment must be Compulsory	2835

Failure to abate Nuisances	2842

Municipal WaterWorks Failure to supply Water	2845

Demolition of Houses to prevent spreading of Fire	2846

Same Subject Statutory Liability	2847

Same Subject Respondeat Superior not applicable	2848

Same Subject Statutory Remedy	2849

Same Subject Legislative Power as to Remedy	2851

Implied Liability ex delicto Distinction between Quasi Corpora tions and Municipal Corporations	2852

Limited Liability of New England Towns	2854

Limited Liability of Counties	2856

Statutory and Implied Liability of New England Towns	2858

Same Subject Hill v Boston	2861

Same Subject Principle of the Decision Ground of Liability stated	2862

Governmental Functions Immunity from Liability denied in Admiralty	2863

1645 1646 Implied Liability of Municipal Corporations proper for Misfeasance and Nonfeasance Its Limits 28652867	2865

Rule of Respondeat Superior as applied to Municipal Corpora tions Ultra Vires	2867

Same Subject Illustrated	2870

Same Subject Authors Comments and Suggestions	2871

Same Subject Illustrative Cases	2872

Cases where Implied Corporate Liability exists for Wrongful Acts	2874

Same Subject Wrongful Acts done Colore Officii	2876

Same Subject Trespass for Illegal Seizure of Property under Void Assessment	2877

Where Municipality engages in Ultra Vires Undertakings 2878	2878

Respondeat Superior when applicable and when not	2879

Police Department Liablity of City for Acts of Police Officers	2883

City Hall and Public Buildings	2887

Liability for Maintenance and Repair of School Buildings etc	2888

Park Department Liability of City for Negligence in Mainte nance of Public Parks	2890

Liability for Negligence and for Wrongful Acts of Firemen	2893

Health Department Liability for Negligence and for Torts of Health Officers	2896

Street Cleaning Removal of Ashes and Garbage	2899

Fault of City Engineer	2900

Wrongful Acts and Negligence of Highway and Street Officers	2901

Basis of Implied Municipal Liability	2902

1666 1667 Ground of Implied Liability 2904	2904

Same Subject Authors Conclusions	2906

Liability of City of New York as Owner of Croton Water Works New York v Bailey	2908

Public Utilities Liability for Negligence in constructing and maintaining Waterworks Gas and Electric Light Plants etc	2909

Liability as Property Owner	2913

Same Subject Impure Water in Free Public Well in Street 2915	2915

Liability as Property Owner for Negligence	2916

1674 1675 Not liable for Consequential Damages of Authorized Acts 29172919	2917

Consequential Damages Grades and Change of Grades	2920

Same Subject No Right to Lateral Support of Soil	2932

Same Subject Change of Grade for other than Street Purposes	2942

Unsafe Streets Quasi Corporations	2950

Same Subject Construction of the New England Statutes	2958

Same Subject Ice and Snow in Streets Slippery Sidewalks	2965

Liability for Injuries outside the travelled Highway Width	2972

Defective Sidewalks	2983

Negligence the Basis of Liability Runaway Horses	2989

Authors Comments on the Doctrine of Implied Liability	2996

Defective Streets Is the American Doctrine as to Implied Liabil	3003

Same Subject Comments on Doctrine of Implied Liability	3009

Doctrine as to Notice and Contributory Negligence summarized	3016

Liability for Acts of Contractors	3025

Ultimate Liability	3031

Same Subject Omission to provide Drains	3040

Liable for Neglect of Ministerial Duties	3053

Conclusion	3062

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Commentaries on the Law of Municipal Corporations, Том 4
John Forrest Dillon
Пуни преглед - 1911

Чести термини и фразе

abutting Adams Express Co aff'g agent amount authority Bank bonds Bush Ky charter Chicago citing text Com'rs Const constitutional provision cost County Dist due process erty exempt exercise Fourteenth Amendment franchise frontage Galveston held imposed improvement interstate commerce Iowa Justice Kansas Kentucky L. R. Co lands legislative legislature levy license tax lien limits lots Louis Louisville mandamus Mass ment Minn municipal corporations N. Y. App Ohio St Ohio State Auditor ordinance Oreg Orleans paving Pennsylvania persons power of taxation privilege process of law prop property owner proportion purposes railroad Ramsey County rev'g rule S. W. Rep sessment sewer Shelby County special assessment special benefits special tax statute statutory street supra Supreme Court taxa taxable taxation taxing power Tenn thereof tion unconstitutional United valid void York

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Библиографски подаци

Наслов	Commentaries on the Law of Municipal Corporations, Том 4 Commentaries on the Law of Municipal Corporations, John Forrest Dillon
Аутор	John Forrest Dillon
Издање	5
Издавач	Little, Brown,, 1911
Дужина	3802 страница

Извоз навода	BiBTeX EndNote RefMan

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