Section 56. The legislature cannot constitutionally confer upon the judicial courts the power to change the boundaries of municipalities. The same power cannot be either legislative or judicial, as the legislature may incline to retain it, or surrender it to the judiciary. If the boundaries of municipal corporations can be altered and changed by the legislature, in its discretion, and the authorities are all that way, then it is impossible that the courts can be invested with such power. Courts may determine what are the corporate limits already established; they may determine whether what is claimed by the municipal authority to be the corporate limits is so or not, and they may inquire whether the legislative authority has exceeded the powers with which it is invested. In the language of Woodbury, J., in Merrill vs. Sherburne, 1 N. H., 204, "a marked difference exists between the employment of judicial and legislative tribunals. The former decide upon the legality of claims and conduct, and the latter make rules upon which, in connection with the constitution, those decisions should be founded. It is the province of judges to determine what is the law upon existing cases. In fine, the law is applied by the one, and made by the other. To do the first, therefore, to compare the claims of parties with the law of the land before established, is in its nature a judicial act. But to do the last, to pass new rules for the regulation of new controversies, is, in its nature, a legislative act."

However, the legislature has the undoubted authority to delegate its power respecting the determination and alteration of municipal boundaries to appropriate local bodies, boards or officers.

It was held that the legislature may create a tribunal to determine, at least in a quasi judicial manner, the desirability of enlarging boundaries by annexation, and to order such annexation if deemed desirable.3