Hensoldt v. Town of Petersburg

Citations

• 63 Ill. 157

Syllabus

<p>1. Jurisdiction—police magistrate—breach of ordinance. The original charter of the town of Petersburg gave jurisdiction to justices of the peace in prosecutions for violations of the ordinances óf the town to the extent of $50. By the special act of 1867, the jurisdiction of justices of the peace and police magistrates was extended to $100, in suits for the violation of ordinances. The act of 1871 gave increased jurisdiction to the extent of $200 to these officers generally. This act was duly authenticated by the Secretary of State, and published in the laws of that session. Held, that in the absence of proof to show that the latter never became a law in the constitutional mode, the act must govern, and that under it the police magistrates had jurisdiction to the amount of $200.</p> <p>2. Constitutional law—passage of statutes. When an act of the legislature is duly certified to by the Secretary of State and published as a law of the State, the courts must receive it as having been passed in the manner required by the constitution, unless the contrary is clearly made to appear.</p>