Toledo, Peoria & Warsaw Railway Co. v. President of Chenoa

Citations

• 43 Ill. 209

Syllabus

<p>1. Cobpobation — municipal—charter. Where an act of the general assembly provides that all acts performed for the purpose of incorporating a town shall be valid; and that all ordinances which it may have adopted, not repugnant to the Constitution of this State or the United States, shall be binding, such legislation recognizes the existence of the corporate body, and cures any irregularities that may have occurred in its organization.</p> <p>2. Same—their powers. By the act of February 10,1849, it is declared, that the corporate authorities of all towns and cities incorporated under the general law or under special charters, shall have the same powers as are conferred on the cities of Quincy and Springfield, by their charters and amendments thereto. The charter of Springfield confers power to open, widen, establish, grade or otherwise improve and keep in repair, streets, avenues, lanes and alleys; and to pass all ordinances necessary to carry into effect the powers conferred by the charter. Held, that this conferred upon the town of Chenoa, power to adopt an ordinance punishing byfine, any person who might obstruct a public street within its limits.</p> <p>3. Same—ordinance — violation of. Where an ordinance prohibited a railway company from obstructing a public street, by permitting their cars to remain stationary therein for more than fifteen minutes, but referred to another ordinance which, as copied in the record, bore date subsequently to the first, Held, that the town failed to establish any ground for a recovery.</p> <p>4. Peacticb. Where a record comes to this court properly certified, it must be presumed to be correct, and the case will be tried upon it thus certified. If, however, either party may wish to have it amended, by the insertion of some portion omitted by the clerk, or which that officer has copied incorrectly into the record, he should suggest a diminution of the record, and apply for a writ of certiora/ri to have the omitted portion returned