Ewbanks v. President of Ashley

Citations

• 36 Ill. 177

Syllabus

<p>1. Penalty—could be recovered at common law in debt or assumpsit. By the common law, when a penalty was given and the form of action not prescribed, it might be recovered by action of debt or assumpsit, but not in a criminal proceeding.</p> <p>2. Same. When the legislature confers jurisdiction upon justices of the peace for the recovery of a penalty, it is held to authorize themo to proceed as in other cases, and a formal complaint is not required.</p> <p>3. Process — capias—summons. If a capias is improperly issued, and it is served by reading, and the defendant is not arrested, and he appears and goes to trial, the service is as good as if it had been by summons.</p> <p>4. Town ordinance—printed copy. The ordinances of a town, printed and pasted in their record book of proceedings of the board of trustees, are admissible in evidence; that being a sufficient recording under the statute.</p> <p>5. Same. It must appear that the wood placed in the town was an inconvenience or annoyance to some of the inhabitants of the town, before it will be regarded a nuisance, under an ordinance prohibiting any person from placing more than ten cords in the corporate limits.</p> <p>6. Evidence. In an action to recover a penalty for violating an ordinance-of a town, it must appear that the act complained of was performed after the ordinance took effect. It is error to render judgment for the penalty without such proof.</p>