ipal corporation. Accordingly, it has been ruled that non-contiguous territory cannot be annexed. In some instances the expression is: The land annexed must be contiguous or adjacent. It has also been held that an unoccupied tract of land cannot be added to the territory of a village merely for the purpose of increasing the tax list and village revenue, but that when such lands are platted and held for sale for use as town lots, or held and sold as town property, they may be annexed to the corporation. They may also be annexed when they are needed for any proper municipal purpose, such as sewer, gas, or water, or to supply residence sites for citizens, or when they furnish a present abode for a large number of persons, or are valuable for prospective town uses.

The legislative assembly may also diminish municipal boundaries by excision of a part of the territory. This, too, may be done without consulting the municipality, or that portion of its citizens thus summarily deprived of municipal privileges, unless forbidden by constitutional limitations. In short, this power of increase and diminution of municipal territory is plenary, inherent, and discretionary in the legislature, and, when duly exercised, cannot be revised by the courts.

14. Division of territory. The legislature may likewise, without the consent of the people of a municipality, divide the same into two separate and distinct municipal corporations. In cases of such division the legislature may apportion the burden of indebtedness between the two, and determine the portion to be borne by each. It may likewise provide

for a division of the property of the old municipality between the two parts thereof. In absence of legislative regulation, each portion will hold in severalty for public purposes the public property which falls within its limits.

15. Consolidation.-Likewise it is competent for the legislature, unless forbidden by the constitution, to unite two or more distinct municipalities having contiguous territory into a single municipal corporation, without the consent of those corporations or the people thereof, and also to provide for the disposition of the municipal funds in the several corporate treasuries, or past due at the date of consolidation. Those items of property belonging to the two old corporations so united, unless otherwise expressly provided, become the property of the new corporation, and the corporate indebtedness of the two former corporations becomes the indebtedness of the consolidation.

16. Legislative power. The power of the legislature over a municipal corporation extends to the amendment of its charter in such manner and to such extent as may seem wise to the legislature. An entirely new charter may be enacted for the new corporation, or specific amendments made to the original. Amendments may be made to the general corporation laws, or new general laws may be enacted, which will have the effect of modifying the charter. Mr. Justice Field, touching the dissolution of the municipality of Memphis, said: "There is no contract between the state and the public that the charter of a city shall not at all times be subject to legislative control. There is no such thing as a vested

right held by any individuals in the grant of legislative power to a municipality.'

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17. Dissolution. The legislature may, too, at its pleasure, repeal the charter of a municipal corporation, and thereby terminate its existence. The loss of an integral part of a municipal corporation would practically destroy it, as if the people should all remove from the territory, or it should be swallowed by an earthquake or volcanic eruption. The corporations of Herculaneum and Pompeii were as effectually destroyed as the cities themselves, and it cannot be doubted that a municipal corporation would be as effectually destroyed by American as by Roman ashes and lava.

Historically, however, and legally, too, the only form of dissolution known to American municipalities is legislative. Whenever and however, and from whatever motive or purpose, the legislature shall repeal the charter of a municipal corporation, its life is ended.

The citizens and creditors of the corporation, having vested rights in certain property, franchises, and powers of the corporation, may protect and assert them through recognized remedies in the courts of law and equity, state or federal. The pursuit of these remedies by the citizens and creditors is simply the administration of the estate of the deceased.

• Meriwether v. Garrett, 102 U. S. 472, 26 L. Ed. 197, LEADING ILLUSTRATIVE CASES.

18.

CHAPTER II.

THE CHARTER-CREATOR AND CREATURE.

General and special charters.-Municipal corporations in the United States, with reference to the mode of their creation, are divisible into two great classes: (a) corporations created by special act of the legislature; (b) corporations organized under general incorporation statutes. Every municipal corporation has, or should have, as a warrant for its existence and authority, some official document issued under law by some duly constituted ministerial agent, showing its constitution and the limits of its authority. This document, which is generally called its charter, when issued under a special act, is usually in the form of a duly certified copy of such special under the great seal of the state; but, when issued under the authority of general statutes, it

act

may

take the form of either a charter, or a court decree, or a certificate showing the fact of incorporation for municipal purposes. This document may contain a description of the territory, and a full outline of the powers, such as appear in special charters, or it may be merely a certificate of the fact of incorporation of the specified municipality, in which case reference must necessarily be had to the general statutes for powers and privileges, and to other offidocuments showing boundaries and further

cial

details as essential conditions precedent to the granting of the charter.

A municipal charter, whatever be its form, is a written document constituting the persons residing within fixed boundaries, and their successors, a body corporate and politic for and within such boundaries, and prescribing the powers, privileges, and duties of the corporation.

19. American charters.-An outline of the general features of the modern charter for an American municipality is the following:

(1) The inhabitants of the town or city by its proper name are constituted a body politic and corporate, with right of perpetual succession, and power to use a common seal, sue and be sued, purchase and hold property, etc.

(2) The territorial boundaries are distinctly defined, and the division of the territory into wards.

(3) The governing body of the corporation is ordained, composed of one or two divisions usually called aldermen or councilmen.

(4) The qualifications of the voters are prescribed, commonly the same as voters at state elections; but sometimes the voters are required to be propertyowners residing within the corporate limits, or owners of real estate within the limits residing elsewhere. (5) The officers to be chosen, and the mode of their election are declared.

(6) An enumeration of the powers of the city council, such as to levy and collect taxes, make local improvements, enact local ordinances, punish violations thereof, borrow money, make streets, hold