of five days after they have been published. The word "ordinance" means something more than a verbal motion subsequently reduced to writing by a clerk or secretary of the local board. Its use in a statute providing that, when any grade is to be established, it shall be the duty of the township commit- cil to ordain by-laws, resolutions, and regulaWhere a city charter authorizes the countee to establish it by ordinance, which ordi- tions, those passed are ordinances, for ordinance shall be entered on file in the township book, intended to prescribe a certain formal-nances are regulations ordained. Kepner v. Commonwealth, 40 Pa. 124, 129. ity which would perpetuate the action of the committee, and leave no doubt as to its true character. Maps, however, may be annexed to and filed with the ordinance in order to make it intelligible. Vanderbeck v. Ridgewood Tp., 14 Atl. 598, 599, 50 N. J. Law (21 Vroom) 514. An ordinance passed by the common council of a municipality is a species of legislation as much as an act passed by the Legislature, though the body passing it is subordinate in its character and created by the Legislature itself; hence the rule which makes void a contract for a contingent compensation for obtaining legislation applies as well as to the common council of a city as the Legislature of the state. Crichfield V. Bermudez Asphalt Paving Co., 51 N. E. 552, 556, 174 Ill. 466, 42 L. R. A. 347. An "ordinance" authorizing an electric light company to use the streets, when passed, was a mere license or offer to grant a license to the company, and only became a binding contract between the city and the company when the latter accepted it. McWethy V. Aurora Electric Light & Power Co., 67 N. E. 9, 12, 202 Ill. 218 (citing People v. Central Union Tel. Co., 61 N. E. 428, 192 Ill. 307, 85 Am. St. Rep. 338). Cent. Dict. In be The terms "by-law” and “ordinance” may used interchangeably, being synonymous. Horr & B. Mun. Ord. § 1, defining "ordinances," says: "Municipal ordinances are laws passed by the governing body of a municipal corporation for the regulation of the affairs of the corporation." The term "ordinance" is the usual denomination of such acts, though in England and in some of the states the technically more correct term "by-law" or "bye-law" is in common and approved use. The main feature of such enactment is their local, as distinguished from their general, applicability of the state laws; hence the word "law," with the prefix "by" or "bye," should in strictness be preferred to the word "ordinance." Bills v. City of Goshen, 20 N. E. 115, 117, 117 Ind. 221, 3 L. R. A. 261. "By-laws," as used in Gen. St. § 3323, providing that all by-laws of a general or permanent nature, and those imposing any fine, penalty, or forfeiture, shall be published, and that such by-laws and ordinances shall not take effect and be in force until the expiration of five days after they have been published, is used in its ordinary sense, and is synonymous with "ordinances." The terms imply one and the same thing. National Bank of Commerce v. Town of Greneda (U. S.) 44 Fed. 262, 263. The terms "ordinances, rules, regulations and by-laws" in a charter providing that the common council shall have power to establish, publish, modify, amend, or repeal ordinances, rules, regulations, and by-laws, etc., are all equivalent to the term "ordinances," so that, in order to validly exercise a power given, the passage of an ordinance is necessary. Taylor v. City of Lambertville, 10 Atl. 809, 811, 43 N. J. Eq. (16 Stew.) 107; Hunt v. Common Council of City of Lambertville, 45 N. J. Law (16 Vroom) 279, 282. The term "ordinances," as used in Gen. A by-law is a law made by a municipal St. Colo. § 3323, providing that by-laws and ity for the regulation of affairs within its ordinances shall not take effect and be in authority; an ordinance. general and professional use the term "ordi- force until the expiration of five days after nance" is almost, if not quite, equivalent in they have been published, is used in its ordimeaning to the term "by-law," and is the nary sense, and is synonymous with "byword most generally used to denote the by-laws," the terms implying one and the same laws adopted by municipal corporations; so of Greneda (U. S.) 44 Fed. 262, 263. thing. National Bank of Commerce v. Town that an ordinance granting a franchise is a by-law of general or permanent nature, with- The word "ordinance," as applied to cit. in Code 1873, § 492, requiring publication of ies, shall be synonymous with the word "bysuch by-laws, and providing that they shall law." Rev. Laws Mass. 1902, p. 89, c. 9, § 5, take effect and be in force at the expiration subd. 15. Law distinguished. See, also, "Law." As state law, see "State Law." Mill. & V. Code, § 47, providing that the repeal of a statute does not affect any penalty incurred, nor any proceedings commenced, under and by virtue of the statute repealed, does not apply to the repeal of a city ordinance, which is defined to be "a rule or regulation adopted by a municipal corporation." Quoting And. Law Dict. 738. The terms "by-laws," "ordinances," and "municipal regulations" have substantially the same meaning, and are the laws of the corporate district made by the authorized body, in distinction from the general laws of the state. They are local regulations for the government of the inhabitants of the particular place. They are not laws in the legal sense, though binding on the community affected. They are not prescribed by the supreme power of the state, from which alone a law can emanate, and therefore cannot be statutes, which are the written will of the Legislature, expressed in the form necessary to constitute parts of the law. Rutherford v. Swink, 35 S. W. 554, 555, 96 Tenn. (12 Pickle) 564. An ordinance is not, in the constitutional sense, a public law. It is a mere local rule or by-law, a police or domestic regulation, devoid in many respects of the characteristics of the public or general laws. State v. Fourcade, 13 South. 187, 191, 45 La. Ann. 717, 40 Am. St. Rep. 249; McInerney v. City of Denver, 29 Pac. 516, 519, 17 Colo. 302. gree in which they affect those affairs. "Resolution" is only a less solemn and less usual form of an ordinance. It is an ordinance still if it is anything intended to regulate any of the affairs of the corporation. Kepner v. Commonwealth, 40 Pa. 124, 130. The term "ordinance," as used in a city charter requiring the board of mayor and aldermen at its first meeting after the election and qualification to fix the salaries of officers by ordinance, should be construed as synonymous with "resolution,” so that an officer is bound by a resolution passed by the board fixing his salary. Chandler v. Town of Johnson City, 59 S. W. 142, 143, 105 Tenn. 633. "A distinction is sometimes drawn between an ordinance and a resolution, by which the one prescribes a permanent rule of conduct or government, while the other is of a temporary character and prescribes no permanent rule of government." But it is apparent that such distinction between the words does not exist in Rev. St. § 1694, providing that by-laws, resolutions, and ordinances of a general or permanent nature shall be fully and distinctly read on three different days, except, etc., as the resolution there referred to is made of a general or permanent nature by the express terms of the statute. Campbell v. City of Cincinnati, 31 N. E. 606, 607, 49 Ohio St. 463, 470. Where the powers conferred on a town are to be exercised by "ordinances" to be passed by the town council, an order or resolution adopted by the council and entered on its records held, in point of form, a valid exercise of the power. Town of Tipton v. Norman, 72 Mo. 380, 383. An ordinance is not a public or general law, but a local rule or by-law. A police regulation for the city, and proceedings thereunder, are penal actions for the enforcement Under an act requiring the annual apof local domestic regulations. City of Gree-propriations of cities and towns to be first ley v. Hamman, 20 Pac. 1, 2, 12 Colo. 94. Order distinguished. An order of a municipality is not a law, but merely the form in which the legislative body expresses an opinion, while an ordinance prescribes a permanent rule of government. An order is of a special and temporary character. Village of Altamont v. Baltimore & O. S. W. R. Co., 56 N. E. 340, 341, 184 Ill. 47. Resolution included. "Ordinance" is the generic term for acts of council affecting the affairs of corporations, and a resolution is only a less solemn or less usual form of an ordinance. Fuller v. City of Scranton, 1 Pa. Co. Ct. R. 405, 107. "Ordinance" is the generic term for acts of council affecting the affairs of the corporation, and we can make no distinction be tween them, founded on a difference of de ascertained, and that the levy and assessment should then be made by ordinance, the term "ordinance" is not limited in its meaning to by-laws or permanent local regulations which must be published in order to be valid, but any resolution or other proceeding of the board of trustees entered upon their journal or record, declaring the ascertained amount of all appropriations, and indicating their determination that such an amount shall be levied and assessed upon the taxable property within the town, is an "ordinance," within the meaning of the statute. People v. Lee, 1 N. E. 471, 112 III. 113. A resolution or order is not a law, but merely the form in which the legislative body expresses an opinion. An ordinance prescribes a permanent rule of conduct or government, while a resolution is of special and temporary character. Acts of legislation by a municipal corporation which are to have continuing force and effect must be embodied in ordinances, while mere minis terial acts may be in the form of resolu- | sumes the form or name of an ordinance. It tions. Chicago & N. P. R. Co. v. City of is generally made by a resolution of the Chicago, 51 N. E. 596, 598, 174 Ill. 439; Peo- proper body. Shuttuck v. Smith, 69 N. W. ple v. Mount, 58 N. E. 360, 364, 186 Ill. 560; | 5, 11, 6 N. D. 56. City of Paxton v. Bogardus, 66 N. E. 853, 858, 201 III. 628; McDowell v. People, 68 N. E. 379, 381, 204 Ill. 499. Election of city officer. The word "ordinance," as used in a city charter providing that ordinances and regulations shall be approved by the mayor, is not appropriate to the appointment of a city officer. An election is usually ordered by motion, and may be by ballot, not by ordinance or resolution, and the word is inapt to signify the election of an officer; and a provision in the charter that a city charter may by ordinance regulate the manner in which a city council shall remove police officers and appoint their successors does not confer power to appoint police officers by ordinance. Volk v. City of Newark, 47 N. J Law (18 Vroom) 117, 122. Grant of land. The word "ordinance," in its usual and primary sense, means a local law-a rule of conduct prospective in its operation, and applying generally to the persons and things subject to the local jurisdiction. It does not, in its ordinary use or signification, include a grant of lands. Conceding it to be true that a grant of lands may be made by municipal ordinance, it is equally true that the idea of such a grant is not suggested by the use of the word, and this because it is a very unusual mode of granting lands. It is to be presumed, therefore, that the legislative use of the word "ordinance" is used in its ordinary and restricted sense. There fore, Act May 15, 1861, amending the charter of the city of Oakland, the successor of the town of Oakland, and providing that "the ordinances of the board of trustees of the town are hereby ratified and confirmed," did not thereby ratify and confirm an ordinance that had been made by the trustees of the town, conveying the entire water front of the town, contrary to the provisions of its charter. City of Oakland v. Oakland Water Front Co., 50 Pac. 277, 289, 118 Cal. 160. Rule of city council. See "Rule." Tax levy. ORDINARY. See "Courts of Ordinary." "Ordinary' is a civil-law term for any judge who hath authority to take cognizance of causes in his own right and not by deputation. By the common law, it is taken for him who hath ordinary or exempt and immediate jurisdiction in cases ecclesiastical." Murden v. Beath (S. C.) 1 Mill, Const. 244, 269 (citing Jac. Law Dict. [4th Ed.] 446; Co. Litt. 344). An ordinary is a place of eating where the prices are settled. Werner v. Washington (U. S.) 29 Fed. Cas. 705, 707. ORDINARY (ADJ.). The word "ordinary," a synonym of "regular," is defined by Webster as methodical, regular, according to established order. Zulich v. Bowman, 42 Pa. (6 Wright) 83, 87. See, also, State v. O'Conner, 49 Me. 594, 599. The word "ordinary" is defined as common, usual, often recurring. Chicago & A. R. R. v. House, 50 N. E. 151, 153, 172 Ill. 601. Johnson assigns to the word "ordinary" the meaning of established, regular, common, usual. Crenshaw v. Slate River Co. (Va.) 6 Rand. 245, 263. In construing an instruction in an action against a surgeon for malpractice, which stated that it was his duty to use fair or ordinary knowledge and skill, it was said that the court used the words "fair" and "ordinary" as synonymous. The instruction was held to be proper for the reason that the word "fair" was synonymous with "reasonable." Jones v. Angell, 95 Ind. 376, 382. ORDINARY AND YEARLY TAXES. A condition in a lease providing that the lessee should pay the ordinary and yearly taxes includes the annual water rent charged on the premises according to the rates established by the Croton department of the city of New York, though such department was not established until after the execution of the lease. Garner v. Hannah, 13 N. A tax levy comes within none of the Y. Super. Ct. (6 Duer) 262, 269. definitions of an ordinance. It is not a law; not a rule of action. It has no per See, also, "Baggage." manency. Once acted upon, it is functus ORDINARY BAGGAGE. Ordinary baggage is made up of two elements: First, certain things which may become such; second, bags, trunks, valises, satchels, packages, or other receptacles in only such things as are done by cashiers in which these things are to be put before they general in the customary everyday routine can be deemed baggage; in other words, the of banking, and does not include the making bag and other receptacle and the contents of a contract by the cashier without express are both necessary components of the legal | delegation of authority from the board of diidea conveyed by the term "baggage." As rectors, which involves the payment of to the things which may become baggage money, unless it shall be such as has been when properly contained, or as to what may loaned in the usual and customary way. A be called the subjects of baggage, the defini- cashier under power to perform the ordinary tions given in the decisions and by the text business of the bank has no power to purwriters, though necessarily wanting in ex- chase or sell property or create an agency of plicitness from the difficulty of enumerating any kind for the bank, which he had not all the articles which may become baggage, been authorized to make by others to whom are yet full, comprehensive, and in perfect has been confided the power to manage its accord in their statements of the rules of business, both ordinary and extraordinary. law. Probably the best definition is as fol- Bank of Commerce v. Hart, 55 N. W. 631, lows: "Whatever the passenger takes with 632, 37 Neb. 197, 20 L. R. A. 780, 40 Am. St. him for his personal use or convenience, ac- Rep. 479. cording to the habits of the particular class to which he belongs, either with reference to the immediate necessities or the ultimate purpose of the journey, must be considered as personal luggage." All other things can only be taken as baggage when accepted as such by the carrier. Bicycles are held not to be baggage, within the meaning of the law. State v. Missouri Pac. Ry. Co., 71 Mo. App. 385, 390. ORDINARY BANK DEPOSIT. An ordinary bank deposit is where a voluntary credit is taken with a bank for which no bond, no bill, or similar evidence of debt is given, and for which there exists a right to draw unconditionally. Such a deposit carries no interest; no action lies with it until demand and refusal. Catlin v. Savings Bank, 7 Conn. 487, 495. ORDINARY BUSINESS. On the trial of an indictment against a person as a common seller of intoxicating liquor, an instruction that the jury must be satisfied from the evidence that selling inand ordinary business, and they might be toxicating liquor was defendant's common of any particular number of sales, held sufso authorized to find her guilty without proof ficiently favorable to defendant. State v. O'Conner, 49 Me. 594, 599. ORDINARY CALLING. The words "ordinary calling" do not include a contract of hiring made on a Sunday between a farmer and a laborer for a year, within the meaning of 29 Car. 2, c. 7, $5, enacting that no tradesmen, etc., shall do or exercise any wordly labor or work of their ordinary calling on the Lord's day. Rex v. Inhabitants of Whitnash, 7 Barn. & C. 596. 406. "Ordinary business," as used in a declar-dealer is an exercise of the person's “ordiThe purchase of a horse by a horse ation alleging that plaintiff had been injured nary calling," within the meaning of the so as to be prevented from attending to his Sunday law. Fennell v. Ridler, 5 Barn. & C. ordinary business, should only be construed as characterizing the injury and indicating its extent in a general way, and is not sufficient to lay the foundation for proof of special damage. Tomlinson v. Town of Derby, 43 Conn. 562, 567. A by-law enacting that a certain number of directors shall form a quorum for the transaction of the ordinary business of the company embraces such business which is not within the usual and daily range of duties performed by clerks and agents engaged in the conduct and management of the details of such business. It contemplates the performance of business which, but for the by-law, would have required the action of the board at a meeting at which a legal quorum of the whole number of directors were present. Hoyt v. Shelden, 16 N. Y. Super. Ct. (3 Bosw.) 267, 290. "Ordinary business," as used in defining the duties of the cashier of a bank, mean A marriage contract is not one which falls within the ordinary calling of the parties to the same, and is not invalidated by the Code, providing that "no tradesman, whatsoever shall do or exercise any worldly artificer, workman, laborer, or any person labor, work or business of their ordinary calling upon the Lord's day, works of charMitchell, 30 S. E. 287, 103 Ga. 431. ity and necessity excepted." Hayden v. Enlisting is not the ordinary calling of a soldier. His ordinary calling is to attend drill and fight the battles of his country. The enlisting of recruits is an extraordinary employment. Wolton v. Garvin, 16 Q. B. 48, 62. The term "ordinary calling," in Pen. Code, § 422, providing that any person who shall pursue his ordinary calling on the Lord's day shall be guilty of a misdemeanor. does not include the execution of a contract, unless made in the prosecution of the ordinary business or calling of the party making the same, and hence a deed of gift is not rendered invalid by reason of the fact that it is executed on Sunday. Dorough v. Equitable Mortg. Co., 45 S. E. 22, 118 Ga. 178. ORDINARY CARE. In Berns v. Gaston Gas Coal Co., 27 W. Va. 285, 55 Am. Rep. 304, it is held that "negligence" and "ordinary care" are correlative terms. Barrickman v. Marion Oil Co., 32 S. E. 327, 331, 45 W. Va. 634, 44 L. R. A. 92. There can be no partial exercise of ordinary care. It exists as a degree in completeness or it is totally wanting in any given case. Missouri Pac. Ry. Co. v. Shuford, 10 S. W. 408, 411, 72 Tex. 165. The term "ordinary care," like the term "reasonable care," is an apt term to use in an instruction to describe the care required by a contractor in keeping a street in a safe condition. Tompert v. Hastings Pavement Co., 55 N. Y. Supp. 177-179, 35 App. Div. 578. As care exercised by one accustomed or skilled. Ordinary care is the care usually bestowed on the matter in hand by persons accustomed to deal with such matters, and having the prudence of the general class of society to which the person whose conduct is in question belongs. Spokane Truck & Dray Co. v. Hoefer, 25 Pac. 1072, 1073, 2 Wash. St. 45, 11 L. R. A. 689, 26 Am. St. Rep. 842. "Ordinary care" means that degree of care which prudent men skilled in the business would be likely to exercise under the circumstances. Kelley v. Cable Co., 14 Pac. 633, 635, 7 Mont. 70. "Ordinary care," as used with relation to the degree of care required of railways in the management of their locomotives, means that degree of care which prudent men skilled in the particular business would be likely to exercise under the circumstances. Dia mond v. Northern Pac. Ry. Co., 13 Pac. 367, 372, 6 Mont. 580. Ordinary care is such care as a prudent man of requisite skill will take under the circumstances of the particular case. In the practical application of the doctrine and principles of the law of negligence to the affairs of the present time, the old method of classification is sometimes found to be inconvenient, because we need a measure with more than three marks on it-an instrument with more gradations and capable of more accurate adjustment to the facts of the particular case; hence the present tendency, in a large class of cases, is to take ordinary care as a quantity, variable as the occasion may require, to measure the duty, sliding it up and down so as to adjust it as near as may be to the reasonable requirements of the particular case, so that, instead of using the measure with three marks on it made beforehand, we go on the ground to make a special measure for the occasion, by surrounding a prudent man of requisite skill with the facts of the case, and determining what he ought to do under the circumstances. That is the measure of ordinary care; the ordinary care measures the duty, and the violation of the duty is the negligence 14 S. E. 465, 467, 36 W. Va. 165, 32 Am. St. complained of. Gunn v. Ohio River R. Co., Rep. 842. As care exercised in person's own affairs. Ordinary care is such care as is usually exercised under like circumstances by men of ordinary prudence in their own affairs. Houston & G. N. R. Co. v. Parker, 50 Tex. 330, 345; Dallas Rapid Transit Ry. Co. v. Dunlap, 26 S. W. 877, 878, 7 Tex. Civ. App. 471; Ohio & M. R. Co. v. Thillman, 32 N. E. 529, 532, 143 Ill. 127, 36 Am. St. Rep. 359; Duthie v. Town of Washburn, 58 N. W. 380, 87 Wis. 231; Madden v. Port Royal & W. C. Ry. Co., 19 S. E. 951, 959, 41 S. C. 440; Briggs v. Taylor, 28 Vt. 180, 184. "Ordinary care" means such care as men of common prudence usually exercise in the management of their own concerns. Sullivan v. Scripture, 85 Mass. (3 Allen) 564, 566. Ordinary care is such care as an ordinarily prudent man would use under similar circumstances involving his own interests. Mills v. Louisville & N. R. Co. (Ky.) 76 S. W. 29–31. Ordinary care is such care as a reasonable, prudent man would use under similar circumstances involving his own interests. Illinois Cent. R. Co. v. Coleman (Ky.) 59 S. W. 13, 14. Ordinary care is such care as men of ordinary prudence would exercise with reference to their own property. Cooper v. Lee, 21 S. W. 998, 1002, 1 Tex. Civ. App. 9. Ordinary care is such care and caution cise under similar circumstances if all the as a man of ordinary prudence would exerproperty to be affected was his own. Osborn v. Woodford Bros., 1 Pac. 548, 549, 31 Kan. 290. Ordinary care is that care which a person of common prudence takes of his own concerns, or that degree of care which men of common prudence exercise about their own affairs in the age and country in which |