27 Vt. 70 | Vt. | 1854
The opinion of the court was delivered by
Without recapitulating the facts stated in the bill and answer, it is sufficient to state generally the facts which are considered important, and upon which the questions in this case arise. It it admitted, that on the 8th day of March, 1853, the
There is no doubt, that towns or municipal corporations, as well as private corporations are limited to the exercise of such powers
It has always been found difficult to define the limits within which towns may act, or give a definite rule, by which we may ascertain when them votes will be deemed illegal. Ch. J. Shaw observed, “ that perhaps no better approximation to an exact description can “be made, than to say that it embraces that large class of miscellaneous subjects affecting the accommodation and convenience of the “inhabitants, which have been placed under the municipal jurisdic- “ tion of towns, by statute or by usage.”
This construction of the act, we think, is not unreasonable; and is required, as being necessary for the existence and government of towns, and which should be given to the provisions of our statute. The application of this construction of the act, is all that remains to make a disposition of the case. That this town is the
The question as to the validity of such a vote, and for such objects, has never been decided in this state ; yet such votes and appropriations by towns , have been sustained in Massachusetts,
It is necessary in this case, however, only to say, that when a town, in them corporate capacity, is the owner of property exposed to injury and loss by fire, they may make appropriations from their corporate funds for its preservation, and protection from fire ; and that the inhabitants of the town are the proper judges, whether
The decree of the chancellor is reversed, and the bill dismissed with costs.