Larned v. Tiernan

Citations

• 110 Ill. 173

Syllabus

<p>1. Statute—as embracing more than one subject—of the Criminal Code, in providing various remedies for the suppression of gambling. The latter part of section 132 of the Criminal Code, which is entitled “An act to revise the law in relation to criminal jurisprudence, ” and which authorizes the party losing money by playing at cards, or other games, to recover back the money or thing lost, and on default of bringing suit for such recovery within a time limited by the statute, giving a right of action to any person to sue for and recover treble the value of the money, goods, chattels or other things lost at gaming, by special action on the case against the winner, one-half to the use of the county and the other to the person suing, is not in contravention of the constitutional provision that “no act hereafter passed shall embrace more than one subject, and that shall be expressed in the title,” etc.</p> <p>2. This constitutional provision has always received a liberal construction, and the courts hold, substantially, that there may be included in an act any means which are reasonably adapted to secure the object indicated by the title, without infringing such provision.</p> <p>3. For the purpose of suppressing and punishing crime, the legislature may constitutionally provide punishments other than by indictment, a public prosecution, and fine on conviction. It may, in addition, provide for a civil action in favor of the party injured, or give a penal action at the suit of any one who will prosecute for the same, in which the guilty party may be subjected to fine, penalty, forfeiture or damages. It matters not by what mode the recovery is had,—whether by a criminal or civil procedure,—nor what is the name given to the means adopted.</p> <p>4. The fact that a statute confessedly constitutional is incorporated into a section of the Criminal Code, giving a right of action against the winner of money or other property at cards or other game, and inflicting a forfeiture o