McCreight v. City of Camden

Citations

• 49 S.C. 78
• 26 S.E. 984
• 1897 S.C. LEXIS 140

Syllabus

<p>1. Municipal Bonds — Constitution or 1895. — Under the Constitution of 1895, a city may issue bonds to refund outstanding matured bonds, without submitting the question to the voters of the city, when so authorized by its charter.</p> <p>2. Ibid. — A city council may, upon authority granted it by the legislature before the adoption of the Constitution of 1895, issue bonds after said adoption, to fund a pre-existing lawful debt, without submitting such question to the electors of the city.</p> <p>3. Municipal Erection — Registration.—Where a municipal election was held during the year 1896, prior to the general election of that year, the electors were not required to be registered, as required in art. 2, sec. 12, of Constitution of 1895.</p> <p>4. Municipal Debt — Constitution oe 1895. — The provisions of art. 10, sec. 5, of the Constitution of 1895, limiting the amount of municipal debts, do not apply to issues of bonds to refund a previously existing debt.</p> <p>5. Ibid. — City oe Camden — Constitution oe 1895. — The act of 1894 (21 Stat., 1027), authorizing the city council of Camden to submit to the electors of the city the question of bonding the paving debt, does not require registration as a requisite to voting therein, nor does the Constitution of 1895.</p> <p>6. Ibid. — The Constitution oe 1895 does not interfere with an act of the legislature, passed previously, authorizing a city to create a debt, where the debt was actually created under such authority before adoption of Constitution.</p> <p>7. Cities and Towns — The Acts oe 1896, authorizing cities and towns to create debts, apply only to new debts.</p> <p>8. Municipal Bonds — City oe Camden — Constitution oe 1895.— The bonded debt proposed to be issued by the city of Camden does not exceed the constitutional limit, and this limit does not apply here. Following Todd v. City of Laurens, 48 S. C., 395.</p>