Skinner v. City of Chicago

Citations

• 42 Ill. 52

Syllabus

<p>1. Special assessments in Chicago—an order of the common council therefor must he presented to the mayor for his approval. An order of the common council of the city of Chicago authorizing'' the making of a special assessment for public improvements is embraced in that provision of the city charter which requires that “ every act, ordinance or resolution passed by the common council,” before it shall take effect, shall be presented to the mayor for his approval.</p> <p>2. Same—from what time the order will talce effect if not returned hy the mayor. When an act, ordinance or resolution has been presented to the mayor for his approval, and he does not return it within five days, it will take effect in the same manner as if he had signed it, but, in such case, it does not take effect until the expiration of the time thus allowed to the mayor for its consideration.</p> <p>3. Same—premature action of the commissioners. An assessment made by the commissioners, before the order of the common council authorizing it takes effect, is without authority and cannot be sustained.</p> <p>4. So, where an order of that character has been presented to the mayor for his approval, and he does not return it within the five days allowed him for its consideration, an assessment made by the commissioners before the expiration of the five days, is premature and without legal authority.</p> <p>5. Same—oath of commissioners, whether prematurely taken. But the taking of the oath by the commissioners, before the order authorizing the assessment takes effect, that they will faithfully perform their duties under it, is not such an irregularity as will vitiate their subsequent proceedings.</p> <p>6. Collector’s warrant—of the signing thereof. The fact that the word “ countersigned” precedes the signature of the comptroller, to the collector’s warrant, does not affect its validity; it is nevertheless a proper signing •of the warrant.</p>