Court of Appeals Appeal Book

Court of Appeals Appeal Book

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ... thercof, except as the said acts are herein modified. Section 48 of the act of 1850, just referred to, provides that " the Legislature may at any time annul or dissolve any corporation formed under this act." The act of 1884, therefore, expressly re-enacts the provision of the Ilevised Statutes which declares that the charter of every corporation that shall hereafter be conferred by the Legislature shall be subject to alteration, suspension or repeal in the discretion of the Legislature; and it says more, that the act of 1850, which is the General Railroad Act, and which reserves the power of repeal of the charters of railroad corporations, shall be resorted to for the purpose of ascertaining what are the precise liabilities of street surface railroad corporations. In the case of Miller v. The State (15 Wall., 478), the Supreme Court of the United States held that the charter of a corporation of this State, formed under a general statute, subsequent to the Constitution of 1846, might be amended by the Legislature, in pursuance of the reserve power specified in that section of the Revised Statutes which we have above cited. And in the case of the People ex rel. Kimball v. The Boston and Albany Railroad Company (70 N. Y., 569), the Court of Appeals decided that under the power reserved by the Constitution and the Revised Statutes (section 8, title 3, chapter 18, part 1, Revised Statutes, cited supra), the Legislature may impose upon a railroad corporation formed under the general act of 1850 snch additional restrictions and burdens as the public goofl requires. And the court say in this case that the railroad took its charter under the Constitution, article 8, section 1, and the laws, subject to the right of the Legislature more

Product details

  • Paperback | 392 pages
  • 189 x 246 x 21mm | 699g
  • United States
  • English
  • black & white illustrations
  • 1236888707
  • 9781236888709