Cooper v. Town of Valley Head

Appellant was convicted of violating a penal ordinance. By sworn plea, the existence of the Town of Valley Head as a municipality was put in issue.

Formerly a municipal corporation was usually created by special,grant of the Legislature. The charter being evidenced by a public act of the legislative department of the state, the courts took judicial notice of its existence and the extent of its powers.

Later provision was made for organization, under general law, and by the Constitution of 1901 this became the sole method of incorporating a town. Const. 1901, § 104 (5).

Courts do not take…