Section 47. The doctrine is well established that, where there are no constitutional provisions contravening, a municipal corporation may be created by the legislature without the inhabitants of the territory included within the corporate limits consenting, or even accepting the charter conferred. Acceptance is only necessary where the charter or act is or becomes by acceptance a contract, protected by the constitution.

8 United States Bank vs. Dand-ridge, 12 Wheaton, 64; Society of Middlesex vs. Davis, 2 Met-calf, 133; People vs. Farnham, 35 III., 562. "Municipal corporations being a public necessity, the law will indulge a presumption in favor of their legal existence after a long continued use of corporate powers with the acquiescence of the public." People ex. rel. Mohlenbrick vs. Pike, 197 III., 449. 9 Mt. Pleasant vs. Beckwith, 100 U. S., 524; Pennie vs. Reis, 80 Cal., 266.

In the absence of constitutional restrictions, the legislature may force a municipal corporation upon the corporators against their consent, though such acts are contrary to the principles and genius of our government.10 However, the legislature has the undoubted power to submit to the corporators the charter under which they are to act, and under the general incorporation laws of most of the states provisions are made that the charter is not to take effect unless approved by a majority of the inhabitants of the district to be incorporated.11

10 Paterson vs. Society for Establishing, etc., 24 N. J. L., 385.

11 Under general incorporation acts in the various states, provision is frequently made in the case of existing municipalities, for a submission to a vote of the inhabitants thereof, whether they shall re-organize under ana accept the provisions of such general incorporation law. Stephens vs. People, 89 III., 337.