Erlinger v. Boneau

Citations

• 51 Ill. 94

Syllabus

<p>1. Stock nranmra at labge—in Monroe, St. Olai/r and other counties— construction of the act of 1867. By the provisions of the 8th and 10th sections of the act of 1867, entitled, “An Act to prevent domestic animals from running at large in the counties of Monroe, St. Clair and other counties,” a majority of the legal votes cast for the adoption of the act, in any one of the counties named in the act, at an election to be held for that purpose, makes such act operative throughout the entire county so adopting it. But if a majority of the legal voters of such county, at such' election, reject the act, and a majority of the legal voters of any one or more of the precincts of said county adopt it, such act goes into effect, and is a law of the precincts in such county so adopting it.</p> <p>2. Statutes—titles of acts—construction of sec. 23, art. 3, of the constitution. An act entitled, “An Act to prevent domestic animals from running at large, in the counties of Monroe, St. Olair and other counties,” which embraces not only more than one county, and may be adopted or rejected by any or all of them, but also embraces the precincts of each county, and although rejected by a majority vote of the county, may be adopted by a majority vote of one or more of the precincts in such county, and become a law valid and operative, within the territorial limits of such precinct, yet, such precincts, being subdivisions of the territorial limits of the counties, are included therein, and ancillary to the subject expressed in such title, and the act is not repugnant to the constitution in that regard.</p> <p>3. If or will that portion of the act, which refers to and adopts the mode of proceeding prescribed in the general estray laws of the State relative to giving notice, and the time within which to reclaim the property, be construed as an amendment of the estray laws in that regard, but will be treated as the adopting of a reasonable and proper mode to carry the actinto effect, and