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ultra vires to an action for breach of the contract? (d) Under what condition will a contract only partially ultra vires be wholly void? And under what other condition may it be valid in part?

60. What may save from total loss a dealer who has sold and delivered to a municipality articles of value under a contract which is clearly ultra vires?

61. What have you to say of a plea of ultra vires made by a municipality to a contract for school supplies made with the city attorney, under which the city had received the articles bought?

62-63. Is the city liable on an oral contract for supplies which

the charter requires to be bought by contract in writing? 64. (a) What is meant by the phrase "letting of contracts"? To what classes of contracts is it applicable? (b) And what are the fundamental rules in regard to such letting? 65. (a) Give four illustrations of municipal contracts which

are declared illegal and void for other causes than ultra vires. (b) Are municipal contracts affected by general statutes forbidding contracts in general terms only? (c) Are they controlled by the general rules of the common law?

66. (a) May a municipal corporation by virtue of its authority as a governing agency annul its own contracts or repudiate them? (b) May the state legislature pass laws impairing the obligations of municipal contracts? 67. Under what conditions are the negotiable bonds of a municipal corporation open to legal or equitable defense in the hands of an innocent transferee for value, just as in the hands of the original holder?

68. Define and distinguish the two classes of municipal improvements.

69. (a) Describe the difference in the powers under which the two classes of municipal improvements may severally be made. (b) Point out particularly the distinctive features of local improvements which call forth extraordinary municipal power, that must be expressly granted.

70. What are the preliminary proceedings generally essential to the imposition of extraordinary municipal burdens for public improvements.

71. State the three essential conditions precedent for making a valid municipal contract for improvements.

72. (a) What is the rule of the common law about damages for improvements as stated in the famous Pittsburgh case? Relate the case. (b) What is the present state of the law on this subject? And how has the change been wrought? 73. Boal's lot in a special assessment district, being already low, is actually injured rather than benefited by the improvement. No provision is made by the law for such a case, and he is subjected to the usual frontage assessment. Must he pay it? If not, what is his remedy, and why? 74. What is the prevalent and logical doctrine with regard to the power of a municipality to make the special assessment a personal charge against the lot owners?

75. (a) What is the police power? (b) Where does it reside? (c) And what is its origin?

76. (a) Does the police power belong to a municipality? (b) If so, how does it obtain it? (c) Is it inherent in whole or in part?

77. What are the limitations, physical and otherwise, upon the municipal exercise of the police power?

78. (a) Give an illustration of the summary exercise of police power by a municipal corporation. (b) Suppose that some particular act is against not only the municipal welfare but also the peace and dignity of the state. Do the courts permit an enforcement of both state and municipal penalties therefor? Why?

79. What is the primary police function of a municipality, as of all other organs of civilization?

80. Has a municipality inherent power to preserve public health by any and all appropriate means?

81. (a) Next after the life and health of the community, what comes in the order of municipal importance? Is it, too, 'within the police power? (b) Give illustrations of the approved exercise of the police power to promote the public comfort by municipal corporations.

82. Illustrate the municipal exercise of the police power in a lawful way by instances affecting occupation, amusements. 83-84. Define a municipal market, and state how its proper

control may require the use of the police power by the municipality.

85. Define a street and state what it may include.

86. (a) Where resides the supreme power over streets, and why? And what is the consequence? (b) What power has

a municipal corporation over its streets? And in case of conflict between it and the state, which prevails?

87. Define dedication and acceptance and show the effect of each, and of both together.

88. What is the primary use of a street, and how far may a municipality interfere therewith?

89. What rights in streets beyond those of the general public have abutting owners?

90. (a) What power over streets with reference to sewers has a municipality? (b) Is this an inherent power? (c) To what extent?

91. (a) May a city voluntarily acquire and own parks and squares? (b) May they be imposed upon it by the state? Relate the Detroit case.

92. (a) Has a city inherent power to buy, build and own necessary public buildings? (b) May the state impose this duty and expense upon the city? Relate the Philadelphia case. 93. What is the general doctrine of municipal liability for tort? State the reason for it.

94. (a) Podunk's policemen arrest and imprison Jones without warrant, and torture him to force confession of guilt of a burglary. Is Podunk liable to Jones in damages for this? Why? (b) Is Podunk liable to Jones for the burning of his house occasioned by its failure to provide a fire engine for the corporation? Why?

95. For what sort of municipal injury is the corporation liable? 96. What is the nature of a city's failure to keep its streets in proper repair?

97. For injury resulting to a traveler from neglect to keep its streets in repair is the city liable in your state? Why? 98. Suppose the traveler's injury results from municipal

negligence properly to signal an obstruction placed in the street by a stranger. Is the city liable to the traveler therefor? Why?

99. (a) Whose is the duty to keep in proper repair the side

walk, the city or the abutting owner? (b) Podunk's ordinance requires every abutting owner to construct the sidewalk and keep it in repair. Is Podunk liable to an abutting owner for a broken arm caused by slipping on the ice on the sidewalk in front of his own lot?

100. Is there municipal liability for civil injury to a citizen upon the city's bridge or viaduct resulting from municipal negligence? Why?

101. You suffer injury from a defective system of sewers in your city. Is the city liable to you therefor, supposing the injury result (a) from defective construction, (b) from the defective plan of sewer? Why?

102. What is the doctrine of respondeat superior? Is it applicable to municipal corporations?

103. Relate the Salt Lake City case decided in the U. S. Supreme Court. Does the doctrine of ultra vires apply to that case? Explain fully?

104. For what purposes may a municipality incur indebtedness? And who shall determine the amount thereof?

105. What are the limits beyond which a municipal corporation may not go in contracting indebtedness? How are they fixed?

106. What does the commercial world understand by the term "municipal bonds"? What is their form and for what are they issued? (a) Has a municipality inherent power to borrow money on municipal credit? (b) Whence and how does such power come?

107. Has the municipality inherent power to issue bonds? May it have implied power? From what?

108. Distinguish municipal warrants from municipal bonds. Is express power essential to issue valid warrants? What is their lawful limit?

109. (a) What is a municipal fund? (b) How is it created? (c) May it be diverted by municipal action? (d) What rights may creditors obtain in municipal funds? (e) May such funds be superior to legislative control? (f) When are they so, and how do they become so?

110. What are embraced in the expenses of a municipality? Will the term properly include bonds and warrants?

111. What is a budget, and what is its object? What good pur

pose does it serve in municipal administration?

112. (a) What is meant by the phrase "municipal claims"? (b) May they be sued on? (c) If so, when? (d) Describe appropriation in municipal administration. (e) What is its legal effect? (f) What rights do creditors obtain under it?

113. (a) Has a municipality the power of taxation? What are the nature and source of the power? (b) What control, if any, has the legislature over the power of municipal taxation? May it limit the rate of levy?

114. For what purposes may a municipality levy taxes? 115. (a) What power in the state or city ultimately decides whether a municipal tax is for a public purpose? (b) What became of the municipal levies made in Boston and Charleston (S. C.) to raise money to loan to lot owners to rebuild?

116. What have been judicially held to be public purposes? Name at least four of them.

117. (a) What is meant by the apportionment of taxes, and what rules are there for it? (b) You live in Podunk and own a house therein, and a lot just beyond corporate limits. You keep your notes, stocks and bonds in a safe deposit in the nearest city. Podunk levies a tax on your poll, your house, your lot, and your stocks and bonds. Will you pay it, or what will you do?

118. Podunk votes down a proposition to build a new school house. The legislature levies $10,000 taxes, one half payable this year, the other half next, and appropriates it for a new municipal school building. Is this levy valid? 119. (a) What is the limitation of the municipal power to levy taxes? (b) What is the source of this municipal power of taxation, inherent, implied or expressed?

120. (a) Is it competent for the municipality to levy a license tax? May it levy such tax for any other purpose than the state dues? (b) You challenge the right of the corporate officer to collect any tax from you for anything, and a lawsuit ensues. He calls the mayor and clerk to testify that taxes were levied and orders given him to collect. What will you do?

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