Barr v. Village of Auburn

Citations

• 89 Ill. 361

Syllabus

<p>1. Ordinances—book of, prima facie evidence of adoption. The book of ordinances of a village incorporated under the general law, containing an ordinance alleged to have been violated, is prima facie evidence of its passage.</p> <p>2. Same—evidence as to passage of ordinance by requisite majority. Section 41 of the general law for the incorporation of villages, etc., provides that “the yeas and nays shall be taken upon the passage of all ordinances, * * * which shall be entered on the journal of its proceedings; and the concurrence of a majority of all the members elected in the city council shall be necessary to the passage of any such ordinance.” The board of trustees of a village incorporated under this act consisted of six members. The journal of the proceedings of the board showed that only one member, naming him, was absent from the meeting of the board at which a certain ordinance was alleged to have passed, and contained this entry: “On motion of (one of the members), the following ordinance (the one in question) was unanimously adopted.” It was held, the showing of the journal was sufficient in regard to the proper passage of the ordinance.</p>