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.

A law; a statute; a decree. tion for the regulation of the affairs of the corporation. The term ordinance is now the usual denomination of such acts, although in England and in some states, the technically more correct term by-law is in common and approved use. The main feature of such enactments is that they are local, as distinguished from the general applicability of the state laws; hence, the word law, with the prefix by, should in strictness be preferred to the word ordinance; Horr. & Bemis, Mun., Pol. Ord. 1. See Bills v. Goshen, 117 Ind. 221, 20 N. E. 115, 3 L. R. A. 2G1; By- Laws. They are not in a constitutional sense, public laws, but mere local rules or by-laws, police or domestic regulations, devoid in many respects of the characteristics of public or general laws; Mclnerney v. Denver, 17 Colo. 302, 29 Pac. 510. This word is more usually applied to the laws of a corporation than to the acts of the legislature. The following account of the difference between a statute and an ordinance is from Bacon’s Abridgment, 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 rollf 1 See Co. Litt. 159*6, Butler’s note; 3 Reeve, Hist. Eng. Law' 14G. 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. Co. 4th Inst. 25. See Barrington, Stat. 41, note (x). A resolution of a council is but another name for an ordinance, and if it is a legislative act it is immaterial whether it is called a resolution or an ordinance, so long as the requirements essential to the validity of an ordinance be observed; Wain’s Heirs v. Philadelphia, 99 Pa. 330; but if the action is merely declaratory of the will of the corporation, it is proper to act by resolution, which is more in the nature of a ministerial act; Alma v. Bank, 60 Fed. 203. 8 C. C. A. 5G4, 19 U. S. App. 622. A municipal ordinance not passed under legislative authority, is not a law of the state within the meaning of the constitutional prohibition against state laws impairing the obligation of contracts; Hamilton G. L. & C. Co. v. Hamilton, 146 U. S. 258, 13 Sup. Ct. 90, 36 L. Ed. 963; but if properly adopted under a power granted by the state legislature, it is to be regarded as an act of the S. 306, 29 Sup. Ct. 101, 53 L. Ed. 195, 15 Ann. Cas. 270. Equity will not restrain a city council from passing an ordinance allowing a gas company to lay pipes in its streets, although it has granted the exclusive privilege to do so to another company; Montgomery G.-L. Co. v. Montgomery, 87 Ala. 245, 6 South. 113, 4 L. R. A. 016. An illegal ordinance may be enjoined before passage; Roberts v. Louisville, 92 Ivy. 95; 17 S. W. 210, 13 L. R. A. 844; or the enforcement of an invalid ordinance; Rushville v. Gas Co., 132 Ind. 575, 28 N. E. 853, 15 L. R. A. 321. While it is not per sc negligence for a railroad company to run its cars at a higher rate of speed than the limit specified in a city ordinance, yet the fact that it did so in the particular case may be taken into consideration by the jury, with other evidence, in ascertaining whether or not the defendant was negligent; Lederman v. R. Co., 105 Pa. 118, 30 Atl. 725, 44 Am. St. Rep. 041. In Mahan v. Transfer Co., 34 Minn. 29, 24 N. W. 293, it was held that running a railroad train at a speed excec Aling the limit fixed by ordinance was evidence of negligence which should go to the jury. That it is negligence per se is held in Schlercth v. R. Co., 90 Mo. 509, 10 S. W. 00; South & N. A. R. Co. v. Donovan, 84 Ala. Ill, 4 South. 142; Chicago & A. R. Co. v. Esten, 178 111. 197, 52 N. E. 954. (Also where the rate of speed is fixed by statute; Dodge v. R. Co., 34 la. 270.) An ordinance as to the right of way between two street cars is not conclusive of the question of negligence; it is merely evidence of negligence on the part of the driver of a car whose duty under it was to give way; Connor v. Traction Co., 173 Pa. 602, 34 Atl. 238. An ordinance requiring an opening in a street to be guarded is admissible in evidence in an action against a city for injuries sustained by falling into such opening; Mc Nerney v. Reading City, 150 Pa. 611, 25 Atl. 57. An ordinance which has the effect of denying to the owner of property the right to conduct a lawful business thereon is invalid, unless the business is of such a noxious or offensive character that the health, safety, or comfort of the community require its exclusion from the neighborhood; Ex parte Whitwell, 98 Cal. 73, 32 Pac. 870, 19

A rule established by authority; a permanent rule of action; s law or statute.

In a more limited sense, the term is used to designate the enactments of the legislative body of a municipal corporation. Citizens' Gas Co. v. Elwood, 114 Ind. 332, 16 N. E. 624; Slate v. Swindell, 146 Ind. 527, 45 N. E. 700, 58 Am. St. Rep. 375; Bills v. Goshen, 117 Ind. 221, 20 N. E. 115, 3 L. R. A. 261; State v. Lee, 29 Minn. 445, 13 N. W. 913. Strictly, a bill or law which might stand with the old law, and did not alter any statute in force at the time, and which became complete by the royal assent on the parliament roll, without any entry on the statute roll. A bill or law which might at any time be amended by the parliament, without any statute. Hale, Co.m. Law. An ordinance was otherwise distinguished from a statute by the circumstance that the latter required the threefold assent of king, lords, and commons, while an ordinance might be ordained by one or two of these constituent bodies. See 4 Inst. 25. The name has also been given to certain enactments, more general in their character than ordinary statutes, and serving as organic laws, yet not exactly to be called "constitutions." Such was the "Ordinance for the government of the North-West Territory," enacted by congress in 1787

In American law. An act or regulation of congress; a law or regulation of a municipal corporation. Ordinance of 1787: the ordinance for the government of the territory northwest of the Ohio river, adopted by the continental congress, and affirmed by the firet congress under the constitution.

In old English law. A statute or an act of parliament; strictly, a bill or law which might stand with the old law, and did not alter any statute in force, a.nd which became complete by the royal assent on the parliament roll, without any entry on the statute roll.

A rule established by authority; a permanent rule of action; a law or statute.

In a more limited sense, the term is used to designate the enactments of the legislative body of a municipal corporation. Strictly, a bill or law which might stand with the old law, and did not alter any statute in force at the time, and which became complete by the royal assent on the parliament roll, without any entry on the statute roll. A bill or law which might at any time be amended by the parliament, without any statute. Hale, Com. Law. An ordinance was otherwise distinguished from a statute by the circumstance that the latter required the threefold assent of king, lords, and commons, while an ordinance might be ordained by one or two of these constituent bodies. See 4 Inst. 25. The name has also been given to certain enactments, more general in their character than ordinary statutes, and serving as organic laws, yet not exactly to be called "constitutions." Such was the "Ordinance for the government of the North-West Territory," enacted by congress in 1787.

legislation. A law,a statute, a decree. This word is moré usually applied to the laws of a corporation, than to the acts of the legislature; as the ordinances of the city of Philadelphia.