#### John Chylewski, Defendant in Error, v. City of Chicago, Plaintiff in Error.

Gen. No. 23,529.

(Not to he reported in full.)

Error to the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Heard in this court at the March term, 1918.

Reversed and remanded with directions.

Opinion filed June 10, 1918.

Statement of the Case.

Petition of mandamus by John Chylewski, petitioner, against City of Chicago, respondent, to compel respondent to restore petitioner to a position in the police department of the City of Chicago as patrolman. *390From a judgment in petitioner’s favor, respondent brings error.

Abstract of the Decision.

1. Evidence, § 10 * — what not judicially noticed. Courts will not take judicial notice of the provisions of municipal ordinances, and the duty is imposed' upon persons relying on such ordinances to allege and prove them.

2. Civil service, § 28* — when patrolman guilty of laches in seeking reinstatement. One seeking reinstatement by mandamus to the office of police patrolman from which he has been discharged is guilty of laches where he delays seeking relief for more than 5 years.

Samuel A. Ettelson, for plaintiff in error; Roy S. Gaskill, of counsel.

No appearance for defendant in error.

*

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

Mr. Justice Dever

delivered the opinion of the court.