City of Shawneetown v. Baker

Citations

• 85 Ill. 563

Syllabus

<p>1. Pleading—-form of action on sealed instrument. Under our Practice act, any instrument in writing, under seal, may be declared upon, in any form of action, the same as such instrument might have been sued or declared on if it had not been under seal.</p> <p>2. Municipal cokpobation—power to adjust claims. As a general proposition, municipal corporations have the same power to liquidate claims and indebtedness that natural persons have, and from this proceeds</p> <p>power to adjust all disputed claims, and, when the amount is ascertained, to pay the same, as other indebtedness.</p> <p>3. Same—power to arbitrate. A municipal corporation, unless disabled by positive law, can submit to arbitration all unsettled claims, with the same liability to perform the award as would rest upon a natural person, but such power must be exercised by ordinance or resolution of the corporate authorities.</p> <p>4. Same—council may ratify acts done at a prior meeting. Where all the members of a city council are not notified of a meeting at which an act is done or resolution adopted, if at the next regular meeting the minutes of the special meeting are read and approved, this will be equivalent to a ratification of what was done at that meeting. A municipal corporation may ratify all contracts not ultra Hires.</p> <p>5. Same—powers of city of Shawneetown. The city of Shawneetown, having ample power under1 its charter to construct levees for the preservation of the health of the people and the protection of property, may lawfully' contract for the cutting of a ditch in which work is done beyond its corporate limits, where such ditch is a part of the levee improvement, and agree to procure the right of way for the same.</p>