The powers of the municipality under a "general welfare" clause are to be interpreted very liberally when the health, peace, or safety of a city are at stake. Contracts maybe entered into under the express or implied authority of the statute. Parties contracting with a public corporation are bound to find out the true powers of the latter, and the scope of an agent's authority; but an unathorized contract may be accepted by rati fication. Payment is usually by warrant on the treasurer, and if, after being cashed by the latter, the warrant is again put on the market, even though by a regular officer of the city, it is worthless, though in the Ilan& of an innocent third party. Municipal corporations have large powers as to acquiring and disposing of property; conveyance must be under corporate name and seal, a vote in council not passing title. As to the right of eminent domain, most important questions have arisen, and the lines of power are not yet clearly drawn. The constitution of the United States provides that private property shall not be taken for public use except upon just compensation, but mani festly the raising, of taxes and the destruction of property under necessary police powers do not come under this head. The rule is that the purpose for which property is taken must be useful, as in water-wo•ks, sewers, etc., and not merely ornamental. But pub lic parks have been held necessary to the health and well-being of a city, and the right of eminent domain has been allowed. Proper notice must be given. Unjust assess ment of damages may be brought before a court by writ of certiorari. The damages are usually assessed by commissioners; in New York by "a jury, or not less than three commissioners appointed by a court of record." It has been held that the power of
legislatures to place railroads in public streets may be delegated to municipal authori ties. In assessment for street improvements it is very common to equalize the benefits and damages done to property holders, paying compensation to some and assessing others. The privileges both as to eminent domain and taxation which have been granted by legislature to large cities have been dangerously great, and nowhere more so than in the city of New York. In such cities the interests involved are so immense and the clanger of corruption so groat, that therela a growing desire' to the power of the legislature by constitutional provisions. Officers and agents of the municipal corporation may be proceeded against under writs of mandamus if they neglect their duties, or quo warranty if they exceed or usurp powers. As to torts, the corporation is not liable when it uses its discretionary powers in good faith, or if it fail to secure per fect execution of its by-laws, or for damage by riotous mobs. But where there has been absolute malfeasance or neglect to perform duties, a suit lies, even though liability is not specified in the charter. Municipal corporations are not insurers against accident, but are liable for neglect, as in defective and unsafe streets, yet it has been held that in New England towns there exists no such liability, unless there be special enactment. Where a private individual was injured by the negligence of a contractor employed by the corporation, the latter was held liable. But it is supposed that either notice of the defect or danger most be given to the city, or else the circumstances must be such as to imply knowledge of the facts by the party concerned.