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tions, and the extent of their police power depends upon the limitations of their charters. They are creatures of the State, and the superior control of the State is almost without limit. The police power of a municipal corporation must depend upon the will of the legislature, and in order that a city, town or county may exercise a particular police power, it must be fairly included in the grant of powers by the charter. The construction of the common phraseology of municipal charters, in order to determine what police powers fell within their provisions, would consume too much space to justify an exhaustive discussion in this connection. The subject has already received a full and able treatment by a distinguished American jurist,' and does not fall properly within the scope of a treatise on the constitutional limitation upon the American police power. For these reasons, no attempt has been made to present rules for the construction of the charter grants of police power to municipal corporations. The police regulations of a municipal corporation only concern us in this connection, when they contravene some constitutional limitation, and from this standpoint all the ordinary police regulations have been criticised in these pages.
[ The references in index are to pages.]
of nuisances - destruction of buildings, 440-442.
criminal element of, 30, 31.
justice, principles of, effect of, on police power, 5-9.
entitled to counsel, 89-91.
of real estate, limitations of, 351-354.
of interest in personal property regulated, 483-486.
and execution, sale of lands by, 359, 360.
prohibiting sale of, 292.
of counsel, how far defense in malicious prosecution, 63-65.
as an objection to marriage, 533-535.
of lands, regulation of, right of, 354-357.
right to attend, 231, 232.
local, as a mode of taxation, 479-482.
BAIL, 80, 81.
prohibition of, 307, 309, 311.
in self-defense, 25-30.
prohibited, 122, 123.
regulation of, 492, 493.
in public schools, 161-163.
distinguished from religious criticism, 166-171.
security to, 22-29,
regulation of weight of, 208.
erection of, over navigable streams, 622–623.
construction of wooden, regulated, 438-440.
destruction of to abate nuisance, 440-442.
regulation of, 437, 438.
compulsory formation of, 226-232.
CAPITAL PUNISHMENT, 19-22.
transfer of lands by courts of, 360.
appointed for Congress, Legislatures, army and navy, 160, 161.
of corporations regulated by law, 587–591.
of private corporations inviolable, 574, 575.
how far recognized by law, 160-163, 166-170.
legal relation of, to State, 156–166.
State control of, 163–166.
distinguished from domicile, 137, 138.
public duties of, 146, 147.
regulation of, 204, 206–207.
regulation of, 210, 211, 220–222.
counterfeiting, 628, 629.
in restraint of trade, prevention of, 245–251.
interstate and foreign, regulations affecting, 614-617.
compulsory carriage by, 228-231,
of witnesses, determined by religious faith, 174, 175.
carriage by common carriers, 228-231.
prohibition of carrying of, 502, 503.
for infectious and contagious diseases, 102, 103.