student or professional writer must ever be a stranger, and which can be had only upon the Bench or at the Bar. Some peculiarities in the manner of its preparation will be observed. The aim throughout has been to make a work which will be useful to the profession. Aware that in most cases access to complete law libraries cannot be had, the author has endeavored, as far as practicable, to supply this want, and to make the text and notes exhibit the substance of the adjudications. This explains why so much care has been taken to cite the cases bearing upon the subjects discussed, and accounts for the fulness of proofs and illustrations to be found in the notes. He trustfully submits the work, which fills up the interstices between judicial duties for nearly nine years, to the profession for whose assistance it is designed, and whose final judgment on it will not be otherwise than just. If he could be assured that it has a value at all proportioned to the labor first and last bestowed upon it, he would venture to hope for a judgment not altogether unfavorable. DAVENPORT, Iowa, 1872. NOTE.The first edition of this work was dedicated as follows: TO THE HONORABLE SAMUEL F. MILLER, LL.D. ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES. Whether I share in the general admiration of your judicial talents, or listen to the more persuasive suggestions of a voice that comes to me from long association at the bar and upon the bench, there is no one to whom I can inscribe, so fittingly as to yourself, a work relating to an important branch of that science which you have studied so deeply and understand so well. CONTENTS OF VOLUME I.. Ancient cities. Grecian cities. Roman municipalities. State of towns in Europe after the fall of the Roman Empire. Medieval charters. Charters of community in France. Modifications of Roman municipal system. En- franchisement of towns in Spain, and its causes. Municipal system of Great Britain. Historical sketch of boroughs: their incorporation and distinctive features. Origin of popular representation. London and its municipal his- tory and charters. Corruption and abuses in the English municipal corpo- rations. Reform Act of 1835. Lord Brougham's services in promoting municipal reform. American municipal system. Its early origin. Decen- tralized character. Operation and effects. Corruption and abuses. Reme- General definition. Municipal corporations defined. Different kinds and grades of public corporations. Quasi corporations. New England towns: powers and inode of government. City governments. The State as a public corpo- general incorporating acts. Outline of ordinary municipal charter. Ad- vantage of general incorporating acts. Creation by implication. Accep- tance of charter. Submission to vote of inhabitants. Local option laws. Special constitutional provisions and their construction. General and special Restriction on municipal powers. Title of incorporating charter or Importance of the distinction between public and private corporations. Differ- ence defined. Scope of legislative authority. Complex character of ordinary municipalities. Distinction between public or State and municipal or local powers. Legislative authority over corporate funds and revenues. Limita- tion in favor of creditors. Power over corporate boundaries and public prop- erty. Whether municipal corporations are in any respect private. Cases cited and criticised. Public powers and rights held at the will of the legis- lature. Creditor's rights cannot be impaired. Illustrations from decided cases. Extent of legislative power over the private property of municipal corporations discussed. May be compelled by the legislature to pay debts not legally binding; and to incur debts against their will. Power over trust gislative recognition. Repeals and amendments. charters; conflict; constructions. Extent of power; limitations; canons of construction. Usage as affecting mu- nicipal powers. Discretionary powers not subject to judicial control. Public powers and trusts not capable of delegation. Legislative powers incapable of surrender. Mandatory and discretionary powers; difference defined and illus- trated. Revenues exempt from judicial seizure. Garnishment. §§ 81-101 15. Aid to railway companies, and herein of the constitutional power of the §§ 102-164 CHAPTER VII. DISSOLUTION OF MUNICIPAL CORPORATIONS. In England: 1. By act of parliament. 2. By loss of integral part. 3. By sur- §§ 165-174 CHAPTER VIII. CORPORATE NAME, BOUNDARIES, AND SEAL. Corporate name. Name as respects grants and contracts. CHAPTER IX. MUNICIPAL ELECTIONS AND OFFICERS. 1. Municipal popular elections. 2. Special tribunal to determine election contests for municipal offices. 4. Oath and official bond. 5. Duration of official term. 6. Vacancies in municipal offices. 7. Refusal to serve in office. 8. Resignation of municipal office. 9. Compensation of municipal officers. 10. Liability of the corporation to the officer. 11. Liability of the officer to the corporation and to others. 12. Amotion and disfranchisement VOL. I.-b §§ 193-256 CHAPTER X. CORPORATE MEETINGS. 1. Common-law requisites of a valid corporate meeting. 2. Notice of corporate meetings at common law and under the English 3. New England town meetings; requisites of notice and power of ad- 4. Constitution and meetings of councils or of select governing bodies; and S$ 257-292 CHAPTER XI. CORPORATE RECORDS AND DOCUMENTS. Means of evidence. Clerk pro tem. Power to amend records. Admissibility of §§ 293-305 CHAPTER XII. MUNICIPAL ORDINANCES OR BY-LAWS. 1. Definition, general nature, and common-law requisites of ordinances. 2. Signing, publication, and recording. 3. Power to impose fines, penalties, and forfeitures. 5. Ordinances relating to the licensing, regulating, and taxing of amuse- 6. Ordinances relating to public offences. 7. Ordinances relating to the public health, safety, and convenience; herein 8. Mode of enforcing ordinances; herein of actions and prosecutions and §§ 306-423 CHAPTER XIII. MUNICIPAL COURTS. In England, and at common law. American corporation courts. Constitutional |