Dolese v. Pierce

Citations

• 124 Ill. 140
• 16 N.E. 218

Syllabus

<p>1. Statutes—amendatory acts—how far limited to the subjects of the acts proposed to be amended. An act to amend certain sections of a prior act whose title is mentioned, will relate to the same general subject, and there can be no valid provisions in either act which do not relate to that subject.</p> <p>2. An act to amend certain sections of a general law is limited in its scope to the subject matter of the sections proposed to be amended. In such case, the introduction of any new substantive matter not germane or pertinent to that contained in the original sections, can not be regarded as an amendment thereto, but must be regarded as independent legislation upon a matter not embraced in the title of the act, and therefore void.</p> <p>3. The amendment of an act in general, or of a particular section of an act, ex vi termini, implies merely a change of its provisions upon the same subject to which the act or section relates.</p> <p>4. Same—title of the amendatory act of 1874 “to revise the law in relation to township organization”—scope of the act, as affecting the boundaries of cities and milages—constitutionality. The act entitled “An act to amend sections 2, 4, 6, 7, 10, 11 and 12, of article 3, of an act entitled ‘An act to revise the law in relation to township organization,' approved and in force March 4, 1874,” in so far as it attempts to change the boundaries of cities and incorporated villages, is in violation of section 13, article 4, of the State constitution, as embracing more than one subject.</p> <p>5. The act mentioned expressed in its title that it was to amend certain sections of an act in relation to township organization, which sections provided for the making of new towns from old ones, changing town boundaries, and the division and consolidation of towns and parts of towns, but they did not profess to relate to incorporated cities or villages in any manner. The amendatory act, after providing in respect to towns, and changes therein, directe