26 Mo. 461 | Mo. | 1858
delivered the opinion of the court.
We do not see how this case can be distinguished on principle from Taylor v. Carondelet, 22 Mo. 105. In 1839 the general assembly authorized the trustees of the town of Carondelet to grant leases of the common belonging to the
We do not propose to review this case nor to discuss the reasoning or authorities that support it, and it is therefore sufficient for us to say that it has been decided, and in our opinion is decisive of the case at bar. So far as the act of 1839 delegated to the corporation of Carondelet any of the legislative powers of the general assembly, it has accomplished by the second section, which simply empowered the trustees to grant leases of the common; for the sixth section, which declared that the board of trustees should possess all the power and authority necessary to carry into effect the objects of the act, and to do all acts that might be proper for that purpose, was unnecessary and did not enlarge the power previously granted; because the grant of power in the second section carried with it by implication the right to employ the necessary means to give it.
The act of 1824 concerning common, which was continued
It appears that the annual rent that became due on the 14th March, 1851, was in arrear and unpaid for more than six months, and for that reason a resolution was passed on the 10th day of July, 1852, by the city council of the city of Carondelet (being the successors to the board of trustees), and entered on the record among the acts and proceedings of the council, which declared the lease forfeited.
The stipulations in the lease in this case, and in Taylor’s case, and the provisions of the ordinances of 1838 and 1845 under which they were respectively made, and the proceedings of the city council to annul the leases, are substantially the same in every particular ; and the only possible distinc
The judgment will be reversed and remanded;