Willis v. Legris

Citations

• 45 Ill. 289

Syllabus

<p>1. Penalties—can only he enforced hy suit. Where a city ordinance subjects the owner of horses suffering them to run at large in the streets, to a penalty of five dollars, the fine when collected to be paid into the city treasury, such penalty can only be enforced by an action at law.</p> <p>2. Offenses—-persons charged.with—have the right to a judicial investigation. And where, under such ordinance, suffering horses to run at large in the streets was made an offense punishable by fine, and the pound master was empowered to give notice, that, unless the animals were claimed by the owners, and the penalty and the cost of their keeping paid within five days thereafter, they would be sold-to satisfy the same, —held, that the provision giving, such authority to the pound master was void, for the reason that every person charged with an offense has the right to a judicial investigation, and payment of the penalty could not be required until the liability of the owner had been determined.</p>