Revised penal code and code of criminal procedure Volume 2

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...or trying any question of fact arising prior to the letting of the contract for the work on the street; wherefore, proceedings up to and including the making of the contract will be deemed lawful.--Trustees V. Rausch, 122-176. If, under this section, which precludes any inquiry concerning facts that arose prior to the making of the contract, any question relating to the sufficiency of the notice can be raised--a proposition which is doubted--it can be done only by answer.--Clements v. Lee, 114-399. 3166. City commissioners. A city has no power to condemn real estate, belonging to a railroad company, in actual use for right of way and for depot purposes and to appropriate the same to the use of the public as a street. The statute, authorizing cities to condemn and take lands for public use as a street, neither in terms nor by necessary implication authorizes the taking of property already dedicated to a public use, and land held for a right of way and depot purposes by a railroad company, when in actual use for such purposes, is so dedicated.--Valparaiso v. C. & G. T. Ry. Co., 123-468. 1881 S., p. 91. In force September 19, 1881. 3247. Disannexing territory, r. Cities and towns of this State desiring to disannex territory, or to reduce their city or town limits, shall have power to do so in the manner following: The Common Council of cities and Boards of Trustees of towns desiring the relief under this Act shall cause a petition to be filed with the Board of Commissioners of the county in which such city or town is situated, reciting the fact of the desire of such city or town to disannex certain territory and surrender jurisdiction over and control of the same, particularly describing the same and, in such petition, formally surrendering all claims to c...