palani
11th December 2011, 06:47 PM
aka counties, townships, school districts and road districts.
http://i43.tinypic.com/ir53ba.jpg
http://books.google.com/books?id=bsaZAAAAIAAJ&pg=PA540&lpg=PA540&dq=involuntary+quasi-corporation&source=bl&ots=u699i4K2vN&sig=zG46STex189rY6Uox202McpV3xY&hl=en&ei=vVjlTu6VJuTK2AXV6JjlCA&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCEQ6AEwAA#v=onepage&q=involuntary%20quasi-corporation&f=false
The doctrine is elaborated more fully in the body of the opinion at page 273 of 135 Ill., at page 1011 of 25 N.E. (25 Am. St. Rep. 363):
“That a private corporation, formed by voluntary agreement for private purposes, is held to respond in a civil action for its negligence or tort, goes without saying: and yet in deciding the mooted question at issue in this case, it seems convenient to restate that proposition. So also it is admitted law that municipal corporations proper, such as villages, towns, and cities, which are incorporated by special charters, or voluntarily organize under general laws are liable to individuals injured by their negligent or tortuous conduct, or that of their agents or servants, in respect to corporate duties. In regard to public involuntary quasi corporations the rule is otherwise, and there is no such implied liability imposed upon them. These latter, such as counties, townships, school districts, road districts, and other similar quasi corporations, exist under general laws of the state which apportion its territory into local subdivisions for the purpose of civil and governmental administration, and impose upon the people residing in said several subdivisions precise and limited public duties, and clothe them with restricted corporate functions, coextensive with the duties devolved upon them. In such organizations the duties and their correlative powers are assumed in invitum, and there is no responsibility to respond in damages in a civil action for neglect in the performance of duties, unless such action is given by statute” – citing cases.
Sweet deal!! A false (quasi) corporation that cannot be held liable for the acts of its' agents. Not only that but INVOLUNTARY to boot. And it cannot be sued at common law because its' construction was statutory. I guess there goes the principle of no involuntary servitude.
By the way, the body politic of a county is villages, cities and townships. There are no people in a county.
http://i43.tinypic.com/ir53ba.jpg
http://books.google.com/books?id=bsaZAAAAIAAJ&pg=PA540&lpg=PA540&dq=involuntary+quasi-corporation&source=bl&ots=u699i4K2vN&sig=zG46STex189rY6Uox202McpV3xY&hl=en&ei=vVjlTu6VJuTK2AXV6JjlCA&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCEQ6AEwAA#v=onepage&q=involuntary%20quasi-corporation&f=false
The doctrine is elaborated more fully in the body of the opinion at page 273 of 135 Ill., at page 1011 of 25 N.E. (25 Am. St. Rep. 363):
“That a private corporation, formed by voluntary agreement for private purposes, is held to respond in a civil action for its negligence or tort, goes without saying: and yet in deciding the mooted question at issue in this case, it seems convenient to restate that proposition. So also it is admitted law that municipal corporations proper, such as villages, towns, and cities, which are incorporated by special charters, or voluntarily organize under general laws are liable to individuals injured by their negligent or tortuous conduct, or that of their agents or servants, in respect to corporate duties. In regard to public involuntary quasi corporations the rule is otherwise, and there is no such implied liability imposed upon them. These latter, such as counties, townships, school districts, road districts, and other similar quasi corporations, exist under general laws of the state which apportion its territory into local subdivisions for the purpose of civil and governmental administration, and impose upon the people residing in said several subdivisions precise and limited public duties, and clothe them with restricted corporate functions, coextensive with the duties devolved upon them. In such organizations the duties and their correlative powers are assumed in invitum, and there is no responsibility to respond in damages in a civil action for neglect in the performance of duties, unless such action is given by statute” – citing cases.
Sweet deal!! A false (quasi) corporation that cannot be held liable for the acts of its' agents. Not only that but INVOLUNTARY to boot. And it cannot be sued at common law because its' construction was statutory. I guess there goes the principle of no involuntary servitude.
By the way, the body politic of a county is villages, cities and townships. There are no people in a county.