Obdinance

1. A rule or regulation adopted by municipal corporation. See Ordain, 1. An ordinance of the councils of a municipality, though binding upon the community affected b.r it, isnot a "law " in the legal sense: it is not prescribed by the supreme power in a State, from which alone a law can emanate, and it is not of general authority throughout the Commonwealth.' The terms "by-law," "ordinance," and "municipal regulation" have substantially the same meaning, and are defined to be " the laws of the corporate district, made by the authorized body, in distinction from, the general law of the State." They are local regular tions for the government of the inhabitants of the particular place.* The same act may constitute an offense against thelaw of a municipality and the law of the State. Ordinances relating to the health, comfort, convenience, good order, and general welfare of the inhabitants are authorized by the general police power of the city.* See Police, 2. The ordinances of a city are to its charter as thestatutes of a State are to the constitution. « The same exemption from judicial interference applies to all legislative bodies so far as their discretion, extends. The fact that threatened legislative action may disregard constitutional restraints does not affect the question. A municipal corporation is generally clothed with other than legislative powers, and in their exercise may be brought under the control of the courts.^ 8. Formerly, a state paper, operative asa fundamental law, yet not describable as. either a constitution or a statute. > Porter u. Wormser, 94 N. Y. 443 (1884). "Wronkow v. Clews, 52 N. Y. Super. 178 (1885)j. Sedgwick, C. J. ' Baldwin v. Philadelphia, 99 Pa. 170 (1881), Paxson, J. * State V. Lee, 29 Minn. 461-53 (1882), cases, Vanderburg, J. •■Exp. Wolf, 14 Neb. 33 (1883). An "act of parliament" was established by the king, lords, and commons; an " ordinance " by one or two o£ them. While the right o£ the commons to participate in legislation existed in a state of growth, an ordinance was an experimental act passed for a time only, and, as it were, on trial, and which might afterward eithei^be converted into a statute, that is, a permanent act, or else be continued for a time, or discharged altogether.' Ordinance of July 13, 1787. This was adopted by the Continental Congress and confii-med by the First Congress under the Constitution, for the government of the territory northwest of the Ohio river. When a State was admitted into the Union from the Northwest Territory, the ordinance, it has always been held, ceased to have any operative force in limiting its powers of legislation as compared with the powers possessed by the original States. The new State at once became entitled to and possessed all the rights of dominion and sovereignty which belonged to those States.'* See Territory, 2; School. OBDIIfABT.a 1, adj. Common, usual, reasonable: as, ordinary — care, diligence, skill, losses, gg. v. Opposed to extraordinary, q. V. See also Nequgence. 3, n. A judicial officer who has jurisdiction, in England, in ecclesiastical causes; in the United States, in matters respecting the probate of wills, the administration of estates, guardianships, and related subjects.''