Westgate v. Carr

Citations

• 43 Ill. 450

Syllabus

<p>1. ¿Township organization—powers of towns in relation to stock— fences—penalties. Under the township organization, the electors of each township, at their regular town meeting, have the power to restrain or prohibit cattle, etc., from running at large; to authorize the distraining, impounding and sale of the same for penalties, and to determine the time and manner in which such animals may go at large. Power is also given to make rules ascertaining the sufficiency of fences, and to determine what shall be a lawful fence within such town. Power is further given to impose such penalties for a violation of any by-laws of the town, except those relating t.o the keeping and maintaining of fences, as the town may think proper.</p> <p>2. Same—trespass—fences—stoek running at large. Under the general law of this State, as construed in Seeley v. Peters, 5 Gilm. 180, cattle have a right to go at large, and the owner of a field upon which they may go has no right to recover for damages unless his field was inclosed by a good and sufficient fence. But this law, as thus construed, did not impose the duty of fencing as a positive obligation. It simply withheld the common law right to recover damages in cases where there was not a sufficient fence, and this on the ground that the cattle were rightfully at large.</p> <p>3. Same. The general law upon the subject of stock running at large has been so modified by the township organization act, that it is no longer of universal application. Each township, in counties which adopt the township organization law, is expressly authorized to regulate this subject for itself; and, when a town has, under this legislative authority, established rules upon this matter inconsistent with the general law as construed in Seeley v. Peters, that law, in such towns, ceases to be applicable.</p> <p>4. Trespass — stock running at large—fences. Where townships have adopted rules prohibiting stock from running at large, and there are no regulations requ