assessments. Provisions of State Constitutions construed. Municipal 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 4. Mandamus as respects Municipal Elections and Officers; To Take 5. To obtain Possession and Inspection of Corporate Books and Papers. 7. Application for the Writ-Affidavits-Relator-Rule. 8. Form, Direction, and Service, of the Writ. Va- Nature of proceeding. Usurpation of municipal office and franchises. CHAPTER XXII. REMEDIES TO PREVENT, CORRECT, AND REDRESS, ILLEGAL CORPORATE ACTS. 2. Certiorari When the proper remedy; When it lies; When not; 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 Secs. 727 748. CHAPTER XXIII. CIVIL ACTIONS AND LIABILITIES. Actions on Contracts. Seca. 749-751. 1. Liability on Contracts-Ultra Vires as a defence. 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- 9. Implied liability for neglect of corporate duty. 10. Distinction in this respect between quasi corporations and municipal. 11. Liability for torts of officers and agents. 12. Not liable for acts ultra vires-illustrations. 13. But liable for authorized torts not ultra vires. 14. Respondeat Superior, when applicable. 15. Respondeat Superior: Who are, and who are not, corporate officers. No liability for acts authorized by charter or statute. 21. Streets: Liability for unsafe street and sidewalks. 22. Defective Highways: New England statutes and decisions on this Streets: General liability of municipal corporations proper for unsafe 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 Ashville v. Means 245, 275 337, 605, 606 Aspinwall v. Knox County v. Jo Daviess County v. Worcester 425 v. Wigan 730 v. Wilson 118, 728, 730 118 773 14 13, 398 508, 512, 445, 503, 515 Assessors v. Commissioners 107 799, 801 Augusta v. Leadbetter v. Perkins v. Railroad Company 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 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 v. Dubuque 54 448, 450 v. Portland 245, 789 v. Earle 436 v. Savage 535, 788 v. Farmington 406, 407 v. State |