#### City of Dixon, Appellant, v. Jacob Mayer, Appellee.

Gen. No. 5,896.

(Not to be reported in full.)

Appeal from the Circuit Court of Lee county; the Hon. Richard S. Fabband, Judge, presiding.

Heard in this court at the October term. 1913.

Affirmed.

Opinion filed April 15, 1914.

Statement of the Case.

Action by City of Dixon against Jacob Mayer to enforce an ordinance of the City of Dixon prohibiting the keeping and maintaining of a house of ill fame therein. Proceedings were instituted in the justice court, where defendant was tried before a jury, found guilty and fined. On appeal from the justice to the Circuit Court a verdict of not guilty was returned and judgment entered thereon. To reverse the judgment of the Circuit Court, plaintiff appeals.

Mark C. Keller, for appellant.

Brooks & Brooks, for appellee.

Abstract of the Decision.

1. Disorderly house, § 2 * —when evidence of general reputation incompetent. On trial of a person for keeping a house of ill fame, testimony of a witness as to the general reputation of defendant’s house for chastity and morals in that community is incompetent.

2. Evidence, § 459 * —what inadmissible to prove testimony of a deceased witness on former trial. On appeal from a justice of the peace to the Circuit Court, the transcript of the evidence of a witness who testified before the justice and who afterwards died, held improperly admitted.

3. Evidence, § 459 * —foundation for introduction in evidence of what a witness swore to on former trial. Proof merely that a certain officer who tried to find a witness on subprena failed to find him *248is insufficient to lay a foundation for the introduction in evidence at the trial on appeal to the Circuit Court of what he swore to before the justice.

*

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number.

*247Mr. Presiding Justice Whitney

delivered the opinion of the court.

*2484. Municipal corporations, § 85 * —power to establish rules of evidence. An ordinance declaring that general reputation shall be sufficient to convict a person of keeping a house of ill fame is void. A city cannot establish rules of evidence.

5. Appeal and error, § 1561*—where refusal of requested instruction harmless. Refusal of a requested instruction embodied in an instruction given held not error.