Section 106. Where the acts complained of are beyond the authority and power of the municipality, the city cannot be held liable for the torts of its officers, agents or employees, and the only redress is against the persons who perform the acts.

"If the act complained of lies wholly outside of the general or special powers of the corporation, as conferred in its charter or by statute, the corporation can in no event be liable, whether it directly commanded the performance of the act, or whether it be done by its officers without its express command; for a corporation cannot, of course, be impliedly liable to a greater extent than it could make itself by express corporate vote or action."9

7 Ranson vs. City of Belvidere, 87

III. App., 167.

8 Bryant vs. St. Paul, 33 Minn.,

289; Philadelphia, etc., R. Co. vs. Mayor, etc., of New York, 27 Am. & Eng. Corp. Cas., 9.