A Summary of the Law of Public Corporations

Howard Strickland Abbott

Keefe-Davidson Company, 1908 - Corporation law - 24 pages

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Title Page

Table of Contents

Index

INTRODUCTORY AND DEFINITIONS 1 Corporations defined and classified 2 Quasi public corporations defined 3 Public and private corporations...	1

Public corporations classified The state as a corporation	5

Definition of a public corporation 6 Definition of a municipal corporation	6

Public quasi corporations defined and distinguished from munic ipal	7

CHAPTER II	9

The states and their power to create	11

The exercise of the power	12

Conditions precedent population	13

General characteristics	317

Interstate commerce 316 The impairment of contract obligations	319

Ordinances reasonable or unreasonable 318 Tests of a reasonable ordinance	321

Purpose for which passed Consistency with superior law Surrounding conditions 319 Amendment or repeal of legislative action	322

Restrictions upon the power to amend or repeal	323

Enforcement of ordinances	324

Mode of enforcing ordinances trial by jury 323 Enforcement by civil action	325

Ordinances on whom and what binding	326

Conditions precedent area and physical characteristics	14

Mode of creation By prescription 15 By implication	15

By affirmative action 17 Petition and notice	16

The election and subsequent official action 19 Incorporation without an election	18

The charter of a public corporation and its legal nature	19

Rules of construction	20

The charter considered as evidence	21

Acceptance 24 Distinction between a public quasi and a municipal corporation in this regard	23

Amendment of the charter 26 By implication or indirection	24

Effect of amendments 1	25

Repeal of charter 29 Effect of repeal	26

Corporate existence and the doctrine of collateral attack	28

The dissolution of the corporation and its effects 32 Forfeiture of charter	30

TERRITORIAL CHANGES AND THEIR EFFECT 33 Boundaries their enlargement	31

Location or character of territory annexed	32

Petition for annexation	33

Necessity for notice and objections to annexation 37 The right of appeal	34

Effect of annexation upon those concerned	35

Division of public corporations and the authority 40 Division or adjustment of debts and liabilities	36

The legal authority where existing	38

Division of assets	39

Agency for division of assets	40

CORPORATE NAME AND BOUNDARIES 44 Existence of a public corporation 45 Name of the corporation	41

The seal and its	42

Corporate boundaries 48 Change of corporate boundary Judicial recognition 49 Effect of the establishment or change of a boundary line CHAPTER ...	47

Control over trust property held by public corporations	53

Constitutional limitations in respect to special legislation	54

Constitutionality of laws classifying public corporations 59 Other constitutional objections	55

Control over the corporation in its private capacity	56

CHAPTER IV	58

Corporate elections	61

Notice	62

Time and place of holding	63

The town meeting its powers	64

Purpose for which held levy of taxes election of officers	65

Voters and their qualifications	66

Miscellaneous matters CHAPTER V	67

General powers	68

Implied Public officers To acquire and hold property The police power Miscellaneous implied powers	69

Discretionary and imperative powers Their exercise	70

Their delegation 72 Rules of construction strict construction how modified	72

THE POLICE POWER 73 Definitions	73

General limitations upon its exercise 75 Consitutional limitations	75

The preservation of public health	76

Public agencies for the preservation of health	77

Their liability	79

Quarantines and quarantine regulations	80

Police power respecting the regulation of occupations	81

Inspection of foods	83

Regulations as to the construction and use of buildings	84

Regulation and abatement of nuisances 85 The protection of public morals	85

Regulations relative to the protection of the public morals	86

The exercise of the police power in regulating the sale and con sumption of intoxicating liquors	89

The exaction of license fees	90

Public markets the power to establish and regulate	91

The control of nuisances	92

Nuisances their abatement and removal	93

THE POWER TO INCUR INDEBTEDNESS OTHER THAN BY THE ISSUE OF BONDS 92 The corporate power to incur indebtedness	95

Must be expressly given it cannot be implied 94 Implied power of the courts to compel the payment of debts	96

Manner of its exercise body authorized	97

The power limited by the purpose or use of funds to be raised	98

The construction of buildings a public purpose	99

Illustrations of a public purpose continued the support of the poor supply of water and light	100

The construction of internal improvements	101

Railway	102

Express limitations on power to incur indebtedness	103

Same subject continued	104

Retroactive effect and construction of limitations	107

Definition of the word indebtedness or debt as used in limit ing laws	108

Corporate indebtedness its payment from a special fund 105 Its payment through the levy of taxes	111

Time and place of payment IV THE POWER OF PUBLIC CORPORATIONS TO INCUR INDEBTEDNESS THROUGH THE ISSUE OF NEGOTIAB...	112

Ratification of void issue of negotiable bonds 109 The issue of bonds their purpose	115

Refunding bonds	117

Railway aid and miscellaneous purposes	119

The construction of public buildings and local or internal	120

The power to issue and the conditions precedent to its exercise	121

Performance of conditions precedent required of railway com panies	122

Conditions precedent to issue Notice or order of an election Its form	124

Its service 117 Petition or ordinance Calling of an election by ordinance	125

The election time and manner of holding 119 Voters and their qualifications	126

Negotiable securities delivery and registration	127

Official signatures and seals	128

Sealing	129

Form	130

The ratification of void securities 124 Negotiable bonds their validity As affected by adverse decision of state courts	131

Validity of issue in excess of legal authority 126 Legality as affected by subsequent legislation	133

Securities of public corporations their legal character 128 Validity of negotiable securities The doctrine of estoppel	134

The doctrine of recitals	136

Estoppel not applying to recitals of	138

Bona fide holder 132 Coupons their legal character	139

Negotiable securities sale	140

The rule as to payment of void bonds 135 The duty to levy taxes for the payment of interest or principal of negotiable bonds	142

WARRANTS AND MISCELLANEOUS EVIDENCE OF INDEBTEDNESS 137 Warrants definition by whom drawn	143

Fund from which payable	144

Audit and allowance of claims as preliminary to issuance 140 Their legal character	145

Their payment	149

Time of payment and payee	150

Miscellaneous forms of indebtedness	151

Form and phraseology 148 Mode and time of payment VI THE POWER TO CONTRACT 149 In general	153

The implied power to contract	155

Contracts ultra vires for want of authority	156

Because of purpose or result 153 Contracts protected by constitutional provisions	157

Contracts ultra vires because of constitutional provisions	157

Contracts ultra vires because contravening some exclusive Federal right or power 156 Contracts ultra vires because of a beneficial interest resulting to...	157

Contracts ultra vires because of fraud or bribery 158 Contracts ultra vires because extending beyond official term	158

Ultra vires contracts their enforcement	159

Availability of the doctrine of estoppel	160

Contracts their formal execution	161

Presumption of legality	162

Mode of contracting letting to the lowest bidder	163

Notice	164

Specifications of service or supplies required	165

Discretionary power in officers to reject or accept bids	166

Discretionary power of officials to award to lowest bidder or otherwise	169

Conditions imposed	170

Contracts how made in writing or orally 170 By whom made	171

As authorized by legislative bodies	172

Contracts made by departments	173

Made by public officials 174 The ratification of an illegal contract	174

Ratification of a contract ultra vires	175

Ratification of illegal contracts	176

Modification of a contract	177

Avoidance of rescission of contract 179 Contracts their construction	178

Corporate contracts manner and time of performance	180

A contract acceptance of work	181

Payment of contract obligations	182

Bond required of contractors	183

Definition and nature	184

Personal liability 241 Recovery of invalid assessments III LICENSE FEES AND POLL TAXES 242 Power to impose 243 As based upon power of ta...	185

Municipal power to	185

Limitations as to rate amount or purpose	186

Purpose of taxation Railway	187

The payment of debts	188

Of judgments Of bonds and interest	194

Obligatory payments on contracts The payment of warrants and claims 189 Taxation for the support of public schools 190 The construction of roads	195

The levy of taxes to secure a supply of water and light	196

The exercise of the power 193 Public property when exempt other exemptions	197

Contract exemptions Exemptions arising because of purpose for which prop erty is used 194 Taxes their levy and assessment	199

Basis or authority for tax levy Agency of tax levy	200

Loss of power	201

Errors in proceedings 198 The power when exercised	202

The duty obligatory 200 Equalization of tax levies	203

Taxpayers rights 202 Lien and priority	204

Collection of taxes	205

Right to prescribe and collect penalties 205 Enforcement of lien and summary proceedings	206

SPECIAL ASSESSMENTS 206 Definition and explanation of the term	207

The exercise of the power to levy The power a continuing	210

Cannot be delegated 208 Limitations upon the power	211

Purposes for which exercised What not considered local improvements	212

What regarded as local improvements	213

Extent of exercise and character of power	214

Discretionary power with reference to locating limits of taxing district 212 Property subject to local assessments	215

Statutory exemptions	216

Contract exemptions Exemption from local assessment because of use by com mon carriers	217

Property exempt because of its location Public property when exempt	218

The manner of determining local assessments conversely benefits	219

According to frontage	220

Assessment based upon location 216 Levy based upon ascertained benefits	221

Ascertainment of benefits 217 What considered as benefits	222

Illustrations of benefits 218 Levy based upon area or comparative value of property	223

Acquiring jurisdiction preliminary proceedings	224

Execution of a contract	225

Preliminary investigation or estimates 222 Declaration of necessity	226

Jurisdiction acquired through the introduction and passage of an ordinance or resolution	227

Legality of ordinances Form	228

A local improvement ordinance must be reasonable Resolution	229

Petition by property owners	230

Declaration of necessity 226 Construction of the improvement and notice to property owners	231

Notice when given how and to whom	232

Variance of proceedings from notice given 229 Benefits the basis of assessment	234

The right of correction and review	235

The right of appeal or review manner and time of exercise 232 What questions raised on appeal and review 233 Estoppel of property owner By lach...	237

Right of appeal as based on omission to tax other property or excessive assessment	239

Reassessment or supplemental assessment	240

Lien and priority of special assessments 237 Summary proceedings for collection of special assessment	241

Time of collection 239 The rights of property owners	242

Construction and maintenance of bridges	264

Their maintenance and repair 264 The construction and repair of sidewalks	265

Public parks and boulevards	266

Construction of sewers	267

The location and construction	268

The construction of drains 269 Expenditures in connection with a supply of water	270

Character of the power a continuing one and to be ex pressly granted	271

Manner of exercise of the power	272

Purchase of water plant already constructed	274

The power to construct includes what Use of streets	275

Limitations upon the power to construct	276

Performance of contract for water supply	280

Estoppel 280 Public expenditures in connection with a supply of light	282

Nature of the power	283

Charges for light supply regulations	284

Performance of a contract 284 Payment of debts 285 Public educators and health charities and corrections	285

Claims	286

Presentment 288 Time of presentment	288

Manner of presentment	289

Audit and allowance of claims	290

Time and maner of payment	291

Claims enforcement by action	292

Miscellaneous	294

CHAPTER VII	295

PUBLIC RECORDS	296

Membership	297

Municipal councils town meetings	298

Classification of legislative bodies 298 Municipal councils organization members	299

Meetings when and where held	301

Quorum Veto	302

Legislative proceedings their character review of motive 302 Rules of order	303

Powers of legislative bodies 304 Municipal legislation	304

Ordinances and resolution	305

Power to pass When exercised	307

Where found	308

Veto power 311 Ordinances publication manner and time	313

Validity in respect to subjectmatter and general characteristics	315

Must not conflict with state laws or charters	316

Ordinances where operative 326 Ordinances invalid in part	327

Construction of ordinances	328

When strictly and when liberally construed	329

EXECUTIVE 329 Introductory 330 Source of power	330

The governor and mayor	331

Police and fire boards 333 Highway officers	332

Park and street boards 335 County boards commissioners or supervisors	333

Legal character 338 Miscellaneous boards	336

Board action appeals from	338

JUDICIAL 340 Introductory	339

Form	340

Municipal courts Power to organize 342 Jurisdiction civil and criminal	341

Summary powers	342

Appeals	343

Public records	345

Right of access or inspection	345

Custody and amendment CHAPTER VIII	347

In general	348

Legislative control	349

Restrictions on legislative power	350

Definition of public office Legislative executive and judicial officers	351

Office distinguished from employment 352 Public office how secured	352

Power to appoint	353

Confirmatory action	354

Appointments manner of making 355 Classes	355

To fill vacancies	356

Public offices secured through election 358 Eligibility of candidates for public office	357

Physical qualifications	358

Mental 361 Condition of the candidate	359

Act of candidate	360

Right to change qualifications Limitations upon legislative power	361

Official oath 365 Official bonds nature	362

Defective or informal bond 366 Bond execution filing and approval	363

Liability of sureties The less strict rule 368 Liability of the surety the elements of time or duty considered New or additional duties Different offices o...	367

Term of office uncertain	368

Joint authority how exercised 384 De facto officers definition	378

De jure officer and usurper defined 385 There must be a legal office	379

Acts of de facto officers validity of 387 Official acts contract liability	380

Corporate liability for admissions of officers or employes 389 Personal liability of officers and agents contracts	382

Clear intent 390 Duty to whom due 391 The rule as to personal liability	383

Liability depending upon character of duties whether imperative or discretionary	384

No liability in case of discretionary duties Political and governmental or ministerial duties 394 Ministerial duties personal liability of official	385

Conditions under which ministerial officers incur a liability The rule of liability stated	386

What protection afforded ministerial officers 397 Judicial officers personal liability	387

Distinction between superior and inferior judicial officers with respect to liability	388

Quasi judicial officers	399

Legislative and quasi legislative duties	400

Rights of a public official to compensation Form of compensation salary commissions fees	401

Actual rendition of services	402

ITS CONTROL AND USE 452 Generally 453 The control of public highways 454 Control discretionary 455 Legislative control 456 Delegation of ...	403

Regulation by public corporations extent and character 507 Rates for services rendered or commodities furnished 508 The right to change rates 509 ...	404

Acquirement by lease	408

Acquirement through grant or gift 418 Property acquired through dedication	409

Statutory	410

Commonlaw 421 Essentials of dedication	411

Should be irrevocable 422 Intent necessary to a dedication	412

The estate acquired	414

Acceptance of lands dedicated necessary	416

How shown	417

Time of acceptance Acceptance usually a question for a jury 426 Acquirement of property by prescription	418

Prescription what necessary	419

Character of the use and possession User must be continuous 428 Property acquired through eminent domain	420

The power exercised by what agencies	422

Power must be expressly given how exercised	423

What can be taken	424

Concrete illustrations	425

The extent of powers granted to delegated agencies	450

Fundamental legislative limitations Extent of power limited by character of property	451

The power to open repair and improve highways	452

Change of grade in a highway or street	453

Statutory compensation	454

Diversion from a public or specific	455

Control of property acquired by gift 462 Rights of abutting owners	456

Abutters special rights	457

Use of highway by abutter	458

Abutters rights when highway is devoted to new or unusual use 466 Obstructions in a highway	461

Classification of obstructions	462

Wires and poles as permanent obstructions	463

Conditions imposed for use of highway by poles and wires	464

Authority for occupation of highways by railroads	466

Abutting owners compensation for use of highways by railways	467

The use of highways by steam railways regarded as an additional servitude	468

Abutters rights when fee is in the public	469

The contrary doctrine 475 Abutting owner When entitled to compensation	470

Elevated railroads Other street railroads 476 General summary	471

Railways in streets	472

Construction of grant of authority	474

Right to impose conditions for use of highways	475

Tickets and transfers or fares Police regulations	476

Conditions imposed as revenue measures 481 Conditions having for their purpose the maintenance of the high way in its original condition	478

The duty to restore and repair or improve	479

Temporary obstructions 484 Concrete illustrations of temporary obstructions 485 Recurring temporary obstructions	483

Use by abutters 1	484

Regulation of traffic	485

Road	486

Stock ordinances 489 Use of highways by public authorities	487

Use of public buildings or public facilities 491 Protection of public property	488

Removal of obstructions or nuisances	489

Public highways or grounds must be legally established or acquired	490

Use of public highways by agencies distributing water power or light and furnishing telephone and telegraph or transporta	491

tion services Abutters rights 495 Use of highways for above purposes	492

Direct authority necessary	493

Construction of authority 497 Mode of establishing municipal plant	494

Operation of plant Rules and regulations	495

Use of highways by persons 500 Source of authority	497

Mode of grant 502 Grant subject to regulation	498

Acceptance and construction of the grant	499

Exercise of the grant the elements of time and place	500

Grant of license upon condition	505

Forfeiture of grant	510

Licenses or privileges of an exclusive nature	511

Must be express authority	511

Manner in which granted	511

Grant strictly construed	512

Nature of grant or license 516 Impairment of contract obligation by grantor of exclusive license or privilege	513

Forfeiture revocation or assignment of grant or license	515

Exclusive contracts for supply of commodity Execution of contract	516

ITS DISPOSITION 519 Power of disposition	517

Mode of disposition sale or lease Manner of sale	518

Disposition by gift	519

Vacation of highways Occasion for vacation	520

Manner of vacation	521

Damage to abutting owner 525 Abandonment of highways CHAPTER X	524

Plan of improvement	525

Measure of care Damage Proximate cause	526

Liability of the state or sovereign	527

Public corporations defined and classified	529

Duties performed by each	529

Quasi corporation liability Municipal corporations liability	529

Character of duty 532 Municipal duty construction of drains or sewers	531

Plan of work	532

Governmental duties maintenance of government	533

The public safety Fire department	534

Destruction of property by	535

Destruction of property for public purposes 538 The public peace	536

The public health and safety 540 Public education charities and corrections	537

Failure to pass or enforce ordinances	538

Liability for enforcement of ordinance 542 Ultra vires acts	539

Nature of duty	540

Respondeat superior Nature of duty performed Quasi corporations 545 Independent contractor and fellowservant 546 Surface waters 547 Liability in...	544

Of chartered municipalities	545

Exception to the above rule 550 The duty to construct or improve highways 551 Character of duty in respect to defective highways	546

Character of highways to which duty applies Used portion only 1	547

The duty to whom and when due Unmanageable horses	548

Special injury 554 Defective plan	549

Work of construction or repair 556 Duty in respect to maintenance of public highways	550

Lights barriers and railings	551

Obstructions	552

Ice and snow	553

Buildings with their adjuncts and projections	554

Poles wires and similar objects as obstructions 562 Excavations or depressions sidewalk openings	555

Basement or sidewalk openings 563 Ditches culverts catch basins or open sewers	556

Use of street Illegal use of the street 565 Side and cross walks	557

Duty how modified Width to be kept in repair	558

Duty to whom	559

Defects in condition	560

Obstructions as defects 570 Ice and snow as defects	561

Proximity of defects 572 Bridges viaducts and similar structures	562

Liability as affected by notice	563

To whom given	564

Actual notice	565

Constructive notice	566

How proved	567

Other accidents Subsequent or prior repairs 578 Notice when not necessary	568

Notice a question for jury 579 Contributory negligence	569

Imputable negligence 581 The application of the doctrine of contributory negligence to those non sui juris	570

Duty of the traveler in respect to the use of highways	571

Diverted attention	572

Nocturnal travel 585 Attempting obvious or known danger	573

Choice between dangers or ways	574

Condition of the traveler 588 Knowledge of danger	575

Conduct of the traveler	576

Careless driving Unmanageable teams Rate of speed Defective vehicles	577

Deviation from traveled way Travel in violation of law 590 Defenses statute of limitations lack of funds	578

Defense notice of accident	579

Questions for the jury	580

CHAPTER XI	582

School districts organization	586

School system how governed	587

School districts	589

School district meetings	590

C00 Teachers	591

Employment dismissal	592

Duties and rights	593

Control and discipline of public schools	594

Religious instruction 605 The race question in the public schools	595

60C School terms books health regulations	596

Charitable and corrective duties in general 608 Poor districts organization	597

Settlement	598

Derivative settlement	599

Settlement how lost	600

Loss of derivative settlement 612 Support character medical attendance	601

Corrective institutions	602

CHAPTER XII	603

Writ when issued Writ directed to a public corporation as such	615

Certiorari general principles	616

The writ when issued	617

Injunction definition general principles	618

When granted nature or character of injury Discretionary acts	619

Validity	620

Protection of public property 622 Quo warranto nature of remedy	620

In general	620

Generally liability to action Subordinate public corporations	620

C25 Prohibition indictment 626 Attachment and garnishment	620

Conditions precedent to right of action notice of intention to sue Notice of intention to	620

Filing of claim 628 Taxpayers actions	620

Waste of public property 630 Recovery of	621

Power to	622

Defenses	623

Execution	625

Warrants invalid because of purpose for which issued Refunding	747

Change of compensation during term of office	755

Consent of abutters Destruction of or injury to trees	762

Copyright

Other editions - View all

A Summary of the Law of Public Corporations
Howard Strickland Abbott
Full view - 1908

A Summary of the Law of Public Corporations
Howard Strickland Abbott
No preview available - 2015

A Summary of the Law of Public Corporations (Classic Reprint)
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No preview available - 2016

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Common terms and phrases

action applies Ass'n authority Bank Board of Education Borough character charter City Council City of Boston City of Chicago City of Detroit City of Philadelphia City of St Conn constitutional provisions construction contract Corp County Com'rs County Sup'rs courts Curr discretionary duties Elec enforcement estoppel exercise existence funds Gaslight governmental grant held highways incur indebtedness Inhabitants Iowa issue Jersey City Kearney County legislative legislature levy liability limited Louis manner Mass Minn Moines municipal corporation N. J. Eq N. J. Law negotiable bonds obligation Ohio St ordinance Orleans payment performance police power Polk County public corporation public officials purpose quasi corporations regulations rule School Dist Smith sovereign statute statutory taxes Tenn tion Town ultra vires valid Village W. R. Co Water Waterworks

Popular passages

Page 420 - By the law of the land is most clearly intended the general law, a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial.

Appears in 608 books from 1816-2007

Page 25 - On the other hand, counties are at most but local organizations, which, for the purpose of civil administration, are invested with a few functions characteristic of a corporate existence. They are local subdivisions of a State, created by the sovereign power of the State of its own sovereign will, without the particular solicitation, consent or concurrent action of the people who inhabit them.

Appears in 125 books from 1852-2000

Page 3 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law.

Appears in 564 books from 1819-2008

Page 13 - Town meetings are to liberty what primary schools are to science — they bring it within the people's reach ; they teach men how to use and enjoy it. A nation may establish a system of free government ; but without the spirit of municipal institutions, it cannot have the spirit of liberty.

Appears in 133 books from 1836-2007

Page 439 - The market value of property is the price which it will bring when it is offered for sale by one who desires but is not obliged to sell it, and is bought by one who is under no necessity of having it.

Appears in 114 books from 1869-2006

Page 60 - Town- meetings are to liberty what primary schools are to science; they bring it within the people's reach, they teach men how to use and how to enjoy it. A nation may establish a system of free government, but without the spirit of municipal institutions it cannot have the spirit of liberty.

Appears in 216 books from 1836-2007

Page 561 - is the want of ordinary care upon the part of a person injured by the actionable negligence of another, combining and concurring with that negligence, and contributing to the injury as a proximate cause thereof, without which the injury would not have occurred.

Appears in 77 books from 1871-1999

Page 374 - An officer de facto is one who has the reputation of being the officer he assumes to be, and yet is not a good officer in point of law.

Appears in 146 books from 1809-2003

Page 157 - ... article of the Constitution of the United States, which prohibits a state from passing a law impairing the obligation of contracts.

Appears in 62 books from 1839-1999

Page 346 - Government is instituted for the common good ; for the protection, safety, prosperity, and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men...

Appears in 231 books from 1822-2008

Bibliographic information

Title	A Summary of the Law of Public Corporations
Author	Howard Strickland Abbott
Publisher	Keefe-Davidson Company, 1908
Length	24 pages

Export Citation	BiBTeX EndNote RefMan

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