Digest of the American and English Corporation Cases and Index to the Notes Therein; With Table of Cases Reported Volume 1-40

Digest of the American and English Corporation Cases and Index to the Notes Therein; With Table of Cases Reported Volume 1-40

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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. 1894 edition. Excerpt: ...properly impose any sum as a penalty, sliding or fixed, which is unreasonable in amount. In re Frazee (Mich.), 15, 13. The reasonableness of ordinances passed under legislative authority may he inquired into where the powers granted are expressed in terms which arc general and indefinite; but whcre the legislature has defined the delegated powers and prescribed the penalties that. may be imposed, an ordinance within the powers granted, prescribing a penalty within the limit, cannot be set aside as unreasonable. Haynes v. Cape May (N. J.), 23, 132. Under a city charter which declares that where authority exists to pass ordinances the common council may prescribea fine or penalty not exceeding $500 for its violatiop, the city council cannot without exercising its own discretion, delegate this power to local courts. In re Frazee (Mich.), 16, 13. A charter act authorizes the mayor and council to impose by ordinance fines and terms of imprisonment for the breach of any ordinance. and provides a municipal court for the trial of all offences against ordinances, the establishment of such courts for the punishment of such oflences being authorized by the constitution: and an ordinance regulating the vending of fresh meats ordains that any violation of it shall be punished by fine or imprisonment not exceeding a specified maximum. Held, (1) that the penalty prescribed is not void for uncertainty; (2) that leaving to the court the power to fix the penalty for each offence, according to its circumstances, was not authorized. Atkins v. Pltilips (Fla.), 34, 195. An ordinance which fixes a maximum penalty for any violation. and leaves the court to assess the punishment thereunder in each particular case, is not open to the objection that the penalty is...show more

Product details

  • Paperback | 668 pages
  • 189 x 246 x 34mm | 1,175g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236826485
  • 9781236826480