New Jersey Law Reports Volume 43

New Jersey Law Reports Volume 43

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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. 1882 edition. Excerpt: ... such writs to compel the levy of a tax for the payment of municipal debts, to determine the highest rate of taxation capable of being imposed on the municipality without injury to the interests of the creditors of the corporation whose claims are not yet due, and forbids the court to direct the levying of any more than that rate will produce. Before the passage of this statute the relator was a creditor of the city of Rahway, the authorities of which had ample power to levy taxes to pay his debt. Held, that the enforcement of the law would deprive him of his constitutional remedy, and hence, as to him, the statute was invalid. 6. This statute is unconstitutional, also, because it aims to devolve upon thejudicial department of the government an exclusively legislative function pertaining to the taxing power---the duty of determining the highest rate of taxation which can be borne by a municipality without injury to its creditors at large.-Argued at February Term, 1881, before Justices REED, PARKER and DIXON. For the relator, Alan II. Strong. For the defendant, G. Berry, with whom were F. Bergen and T. N. McCarter. The opinion of the court was delivered by DIXON, J. The relator having recovered judgment against the mayor and common council of the city of Rahway, and served his execution thereon, in accordance with the supplement to the " Act respecting executions," approved ll/I=1I'0h 27th, 1878, (Pamph. L. 1878, p. 182, ) now seeks a writ Of mandamus commanding the assessors of the city to assess and levy the amount due, pursuant to the directions of that statute. Thereupon the municipality appears and requests that the court will proceed in the premises only in conformity with the supplement to the " Act for the...
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Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236748824
  • 9781236748829