Ordinance

In Modern Usage. A law passed by the legislative body of a municipal corporation for the government of such municipality.

117 Ind. 221.

In Old Law. The term was applied to laws of other than municipal bodies. The following account of the difference between a statute and an ordinance is extracted from Bac. Abr. "Statute" (A): "Where the proceeding consisted only of a petition from parliament and an answer from the king, these were entered on the parliament roll; and if the matter was of a public nature, the whole was then styled an 'ordinance.' If, however, the petition and answer were not only of a public, but a novel, nature, they were then formed into an act by the king, with the aid of his council and judges, and entered on the statute roll."

See Co. Litt. 159b, Butler's note; 3 Reeve, Hist. Eng. Law, 146.

According to Lord Coke, the difference between a statute and an ordinance is that the latter has not had the assent of the king, lords, and commons, but is made merely by two of these powers.

4 Inst. 25. See Barr. Obs. St. 41, note (x).

It is distinguished from a "resolution" by the same body by the fact that an ordinance prescribes a permanent rule of government, while a resolution is of a temporary character.

11 Ohio St. 96; 114 Ind. 336; 174 111. 445; 184 111. 51; 262 111. 396.

Thus matters upon which a city council wishes to legislate must be put in the form of an ordinance, but all acts that are done in its ministerial capacity may be in the form of resolutions. Resolutions are special and temporary, applicable only to a single matter of passing moment; ordinances are permanent regulations, applicable to all states of facts thereafter arising within the scope of their provisions.

186 111. 571.

Certain enactments in the nature of constitutions have also been referred to as ordinances, as, for example, the "ordinance for the government of the Northwest "Territory," passed by congress in 1787. ters and causes of the forest.

33 & 34 Edw. I.