Town of Chatham v. Mason

Citations

• 53 Ill. 411

Syllabus

<p>1. JpBisDitíriow—suit by a Town for a penalty—before what justices to be brought. Under the sixth section of article twelve of the Township organization law, a suit by a town to recover a penalty for obstructing, or continuing an obstruction to a public highway, can not be brought before a justice of the peace residing in the town for the benefit of which the suit is prosecuted, but may be brought before any justice residing in any other town in the same county, if a justice have jurisdiction of the subject matter of the suit.</p> <p>2. Nor does the one hundred and third section of article seventeen, of the same law, giving to justices of the peace jurisdiction in suits to recover penalties and forfeitures provided for by the act, where the same do not exceed one hundred dollars, affect the rule that where a town sues, a justice residing within the town which brings the suit has no jurisdiction.</p>