Beyman v. Black

Citations

• 47 Tex. 558

Syllabus

<p>1. Local statutes.—-Where there is no express constitutional restriction against the passage of local laws, the courts cannot hold such laws void for want of constitutional power to enact them. The authority to enact laws strictly local, implies the same authority to make local exceptions to a general law.</p> <p>2. Stock law—Inspection, &c.—Statute.—“An act to encourage stock-raising and for the protection of stock-raisers,” approved 23d March, 1874, is not unconstitutional on account of its operation being suspended as to a large number of counties.</p> <p>3. Stock laws.—The legislation in this State assumes, that, in regard to cat-tie, possession is not prima facie evidence of ownership; ownership must be established by the mark and brand.</p> <p>4. Same.—The. act of 23d March, “An act to encourage stock-raising and for the protection of stock-raisers,” discussed, its objects and modes of procedure explained.</p> <p>5. Due course of law.—The forfeiture provided for in sections 27 and 43 of said act, is not strictly a forfeiture. The act assumes that the party from whom the cattle seized were taken, was not the owner, and protects the absent and unknown owner, by providing for sale, and that the .proceeds of the sale be held for him a limited time.</p> <p>6. Same—Due process of law.—Due process of law in each particular case, means such an exertion of the powers of government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as these maxims prescribe for the class of cases to which the one in question belongs.</p> <p>7. SAME.—The modes of procedure provided in the stock law is a legitimate police regulation of the peculiar species of property to which it refers, designated for the due protection of all owners of such property.</p> <p>8. Same.—The proceedings indicated in said act, tobe had before justices of the peace and district judges, in the condemnation of property seized, are intended to be