Lindsay v. City of Chicago

Citations

• 115 Ill. 120
• 3 N.E. 443

Syllabus

<p>1. Special assessment for local improvement—necessity of ordinance, in order to a confirmation. Under the general Incorporation law, in order to obtain a judgment of confirmation of a special assessment for a local improvement, it is essential for the city or village to aver and prove that an ordinance authorizing the improvement had been passed. Such ordinance is the foundation of the proceeding, and can not be dispensed with.</p> <p>. 2. Ordinance—evidence—proof of the passage and publication of an ordinance, and of its contents. Where the ordinances of a city or village incorporated under .the general law are printed in book or pamphlet form, purporting to be published by authority of the city council or board of trustees, such book or pamphlet is evidence of the passage and contents of the ordinances therein contained, and of their legal publication.</p> <p>3. By the statute, all ordinances of a city or village incorporated under the general law, and their publication, may be proved by the certificate of the city or village clerk, under the seal of the corporation. Under this law, ■a certified copy of an ordinance, under the seal of the corporation, made by the clerk, will have the same force and effect, as evidence, as a printed book of ordinances, which is made evidence of the publication and passage of an ordinance.</p> <p>4. The production of a duly certified copy of an ordinance of a city acting under the general Incorporation law, affords prima facie evidence that every step has been taken .with reference to it to make it a valid ordinance. If the party against whom the ordinance is sought to be used desires to controvert the fact that it was duly passed by a majority vote on the call of the ayes and noes, as required by section 18, article 3, of the act, it devolves upon him to produce the journal, and thereby overcome the prima f acie case made by the production of the ordinance, or a certified copy thereof.</p>