tinned till 1833, not without much complaint. In the Scottish burghs, the several trades possessed a much more exclusive monopoly than in England. Along with the outcry for parliamentary reform arose an outcry for municipal reform; and a separate munici pal reform act putting an end to the close system was passed for each part of the empire. The English act (5 and 6 William IV. e. 76), entitled "An act to provide for the regulation of municipal corporations in England," conferred the franchise on the owners and occupiers of property within the burgh, with certain qualifications as to property, residence, etc. This constituency elected the councilors, and from the body of the councilors the mayor and aldermen were chosen. Act 32 and 33 Vict. c. 55, limited the requisite period of residence to one year's occupation, and the ballot was introduced by 35 and 36 Vict. c. 33, in municipal as in parliamentary elections. Act 3 and 4 William IV. made an entire change in the mode of electing councils in Scottish burghs which already had a council, and conferred councils on burghs which had none. A vote was given to every one who had resided six months in the burgh, or within seven of miles of it, and possessed the requisite qualification to exercise the parliamentary franchise: a property qualification similar to What conferred the parliamentary franchise being required in burghs that did not scud or contribute to send a member to parliament. The municipal elections amendment act (Scotland) 1868, has placed the municipal franchise in the hands of all registered voters to return a mem ber of parliament, and in the case of burghs not represented in parliament, in the hands of all persons possessing similar property qualifications: and act 33 and 34 Vict. c. 92 has provided for the establishment of a municipal register in burghs not represented in parliament. An exemption, under 3 and 4 William IV. c. 76, of nine small burghs from the operation of the new system has been done away with. Town-councilors must be electors residing in or carrying on business in the burgh. They remain in office three years, and elect from their number the provost and bailies. The English act of William IV. abolished the exclusive privileges of the guilds, but these monopolies continued in Scotland till 1839, when they were swept away by 9 and 10 'Viet. c. 17. The Irish municipal system, which had been imported ready-made from England, was assimilated to the altered English system by 3 and 4 Vict. c. 108.
MUNICIPALITY—MumarAL CORPORATION (ante), for the management of the affairs of a town or city.. Municipal corporations, in the United States, arc public cor porations established by law for political purposes, and chiefly to exercise local and sub ordinate powers of legislation for the town or district incorporated. The corporation is not the body of the people, nor is it the officers collectively considered, but rather Cad legal entity created by the act of incorporation and limited thereby. Distinction must be made between a municipal corporation proper and what are known as quasi corpora tions not created by the motion of the people of the district, but rather as territorial or political divisions of the state, such as counties, and the peculiar New England town ships, which are examples of almost pure democracy. The laws regulating the incor poration of English towns and cities have little application to municipal corporations in this country. Here none are founded on common law or royal charter, and but few are based upon prescription. It may be said that they exist only by legislative enactment, and possess no powers not created by the statute. The majority of municipal corpora tions arc created by charter singly, but general laws of incorporation have been passed in many states, as Ohio, Iowa, Pennsylvania, Indiana, Missouri, Tennessee, and North Carolina. When the' incorporation is single or special, the charter sets out that the inhabitants are constituted a body politic with such a name and style; that by that name they may have perpetual succession, and may use a common seal, sue and be sued, etc. The territorial boundaries arc defined and provision made as to the form of gov ernment—usually by a council made up of aldermen and councilmen, or by trustees—as to division into wards, qualifications of voters, powers of city council to collect debts and lay taxes, etc. General laws of municipal incorporation as in the states above men tioned, usually start by abolishing all special charters existing, and establish general regulations for the incorporation, government, and regulation of municipal corporations the state. Frequently such Iiiws classify the towns to be incorporated as regards their importance into cities of first or second grade, towns, and villages. To become operative the charter granted by the legislature must be accepted by the body of citizens to be incorporated. Provisions sometimes exist in the constitutions of the states
limiting the power of the legislature in granting powers and privileges 'to towns and cities.
When established, the municipal corporation is not beyond the power of the legislature; thus it has been held that the latter may repeal charter provisions, allowing the licensing of liquor dealers, and such as relate to police regulations. In other words, the town has no vested right in its charter privileges, and they may always be altered or revoked with the important exception that the rights of existing and constitutional creditors must not be disregarded. In the celebrated Dartmouth college case it was strongly intimated from the bench that the legislature could not revoke a grant to munici pal corporations in fee simple. But the legislature has general control over public prop erty, and may authorize a railroad to occupy the streets of a without payment therefor. No exact form of words is necessary to give force to and the cor• potations may even be created by implication. The charter may be amended or repealed by either general or special law. The powers given to the municipality are those expressly slated in the charter, such as may fairly be implied therefrom, and such as are essential to the carrying out of the purpose for which the body is created. Where the city is given a discretion upon any point it is not for the courts to say whether such discretion has or has not been wisely used. Thus, if it have power to open new streets or grade old ones when necessary for the welfare of the city, the question of necessity is one for the determination of its own governing body. It has been fully decided that taxes and public funds cannot be seized under execution or by writ of garnishment. Salus populi suprenta Among the leading powers of a municipal corporation are the rights of taxation, of eminent domain appointing officers, enacting ordinances, and instituting actions, Many special powers arc given as to borrowing money, police regulations, wharves, fer ries, giving aid to railroads, entertaining guests, etc. • That in all these and other powers the corporation may net freely when there is special enactment in the charter or general law is not a matter of doubt. But how far may they extend their operations without such authority :Ind under clause empowering them to act for the general vet fare of the city? The power to become indebted is often specially limited. The doc trine that cities may aid railroads by the purchase of bonds or otherwise was established by the U. S. supreme court in Olcott vs. Supervisors (1673), on the ground that railroads are publici juris. The power to borrow money is implied when necessary to the ende for which the corporation exists. It seems to be the doctrine that the corporate existence can cease only by act of legislature, that is, that the munteipality cannot voluntarily surrender its privileges. Amotion is the removal of an agent or officer of a corporation before his term is expired, and must be for cause, which, however, may be for other than official dereliction, as for infamous private character. The city government may regulate local elections so as to preserve purity of the ballot without special authority; special tribunals to decide contests are often established by the charter, and courts of law may inquire into the proceedings by writs of quo 2carrunto or mandamus, unless the legislature has denied such right. As to legal liability, an officer improperly removed may bring suit for damages against the corporations; but the city or town cannot have an action against an officer or agent for damage resulting from an honest mistake on his part: Corporate meetings are usually provided for by charier, hut may be regulated by ordi nance. In the peculiar New England township system the meeting is actually an assem bly of the whole body of inhabitants; though even there in large cities these meetings are necessarily mere formalities; and in many places true municipal corporations have control over the same territory. Elsewhere the representative system prevails. Notice of time and place of meeting should be given, and it is customary to state the nature of matters to be discussed. Ordinances may be declared void by the legislature if oppres sive or in restraint (not regulation) of trade. Of coin-se, if power to enact law is given, power to punish is implied, usually by tine; and it has been held that there is no pov of imprisonment except by statutory provision; yet the power of appeal from a munici pal to a higher court has been held to satisfy the constitutional right of the citizen to a trial before a jury. Strangers are bound by local ordinances.