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assessments. Provisions of State Constitutions construed. Municipal
power to tax must be clear. Construction of grants of this character.
Mode of exercising power. General revenue laws, how far applicable to
municipalities with special charters. Exemption from taxation. "Tax"
and "assessment" distinguished. Power of municipalities to tax inca-
pable of delegation. Is a continuing one. What property may be, and
what must be, taxed. Taxations of trades and occupations. Municipal
taxation of rural lands. Paving streets. What the power to pave includes.
Conditions and mode of exercise. Drains and Sewers. Mode of collecting
general and special taxes.
Secs. 586-660.

CHAPTER XX.

MANDAMUS.

1. Definition and General Nature of the Remedy.

2. When the Writ will be Granted or Refused.

3. Mandatory and Discretionary Powers as respects the Remedy by
Mandamus.

4. Mandamus as respects Municipal Elections and Officers; To Take
Office; To Admit to Office; To Restore to Office.

5. To obtain Possession and Inspection of Corporate Books and Papers.
6. To Enforce Duties Toward Creditors.

7. Application for the Writ-Affidavits-Relator-Rule.

8. Form, Direction, and Service, of the Writ.

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Nature of proceeding. Usurpation of municipal office and franchises.
lidity of municipal elections; when tested on mandamus to admit, and
when by quo warranto. Office of Writ or Information. When Writ or
Rule granted; when not. Judgment.
Secs. 713-726.

CHAPTER XXII.

REMEDIES TO PREVENT, CORRECT, AND REDRESS, ILLEGAL CORPORATE ACTS.
1. In Equity: When injunction will lie; At whose suit; Right of attor-
ney general; Of the citizen and tax-payer; When equity will inter-
fere to prevent abuse or misuse of corporate powers; Illegal appro-
priations and illegal taxes.

2. Certiorari When the proper remedy; When it lies; When not;
What may be examined under.

3. Prohibition: When it may be resorted to, and the nature of the

remedy.

4. Indictment: When it lies against the corporation, and when against
its officers.

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Secs. 727 748.

CHAPTER XXIII.

CIVIL ACTIONS AND LIABILITIES.

Actions on Contracts. Seca. 749-751.

1. Liability on Contracts-Ultra Vires as a defence.
2. Liability on Implied Contracts, generally.
3. For Illegal Taxes, etc., compulsorily collected.

Actions for Torts. Secs. 752-802.

4. No liability in respect to the exercise of discretionary or legislative

powers.

5.

Nor for imperfect execution of by-laws.

6.

Nor for misconstruing extent of public powers.

7. Nor, without a statute creating it, for buildings demolished to pre-

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750 Amesbury v. Insurance Co. 768 Amey v. Allegheny City

176, 756

613

93

354

Alexander v. Baltimore 467, 476, 481| 90, 104, 106, 265, 269, 407, 426, 610

738

482, 590, 496

v. Heller v. Hoyt

728 Amrine v. K. P. R. R. Co. 654 Amy v. Supervisors

176

176, C66, 691, 693, 802

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Ashville v. Means

245, 275 337, 605, 606

Aspinwall v. Knox County

v. Jo Daviess County

v. Worcester
Atwater v. Baltimore
42, 105, 106, 420, 426, 608 Auditor v. Davies

425

v. Wigan

730

v. Wilson

118, 728, 730

118

773

14

13, 398

508, 512, 445, 503, 515

Assessors v. Commissioners
Atchison v. Challiss

107 799, 801

Augusta v. Leadbetter

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v. Perkins

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v. Railroad Company

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v. Sweeny

Atlanta v. White

Attorney General v. Aspinwall

313 Augusta Bank v. Augusta

141, 368, 730 v. Birmingham 730

v. Brown

730

Aull v. Lexington

Aurora v. Gillett

v. Puffer

V. Reed

629

170

104

305

799

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Baird v. Bank

v. White 67,69,71,73,74,76

398 Banbury's Case

444 Baldwin v. Green

v. Rice 491, 508, 509, 518, 527 Banett v. Henderson

Baker v. Boston

Bangor v. Lansil

58, 59, 93, 326, 766, 777 Bangs v. Snow

376 Bank v. Bridges

v. Brown

109, 159

72 Bancroft v. Lynnfield

13, 98

537

693

799

55

54

23

v. Chilicothe

374, 405, 412

v. City Council v. Dandridge

55, 82, 407 629

152, 153, 237, 373, 383

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v. Dubuque

54 448, 450

v. Portland

245, 789

v. Earle

436

v. Savage

535, 788

v. Farmington

406, 407

v. State

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