have jurisdiction of cases arising under this act, and animals running at large contrary to the provisions hereof.

[L. 1871-2, pp. 116, 117, §§ 1, 2; Case v. Hall, 21 Ill. 632; Binder v. Gillespie, 63 Ill. 88; O. & M. R. R. Co. v. Jones, 63 Ill. 472; Akers v. George, 61 Ill. 376; Frederick v. White, 73 111. 590.

2. Petition for a vote - notice. § 2. On the petition of one hundred or more legal voters of the county being filed with the county clerk, before the time of giving notice of the general election in November, in any year, in counties not under township organization, or, in counties under township organization, before the time of giving notice of the general election for town officers in April, in any year, the county clerk shall cause notice to be given that at such election a vote may be taken in such county for and against domestic animals, or any species thereof, to be mentioned in such notice, being allowed to run at large in such county. Such notice shall conform to the prayer of the petition, and if several such petitions are filed, requiring different questions to be submitted at the same election, the notice shall conform thereto.

[L. 1871-2, p. 117, § 3: Jacobs v. Hayes, 65 Ill. 87.

For

3. Form of ballot - voting — canvass - return. § 3. If the petition be for domestic animals running at large, then the [*140] ballots shall be "For domestic animals running at large,' and "Against domestic animals running at large." If the petition be for any one or more species of domestic animals running at large, then the ballots shall be (naming the animals as in the petition), running at large," and "Against (naming the animals, as in the petition), running at large." If several petitions are filed requiring the submission of different questions at the same election, all the questions shall be voted upon on the same ballot, and the ballots shall be worded accordingly. The ballots cast in pursuance of this act shall be deposited in a separate ballot-box to be provided for that purpose, and canvassed, and returns thereof made as in other cases of elections.

4. Effect of vote. § 4. If a majority of all the votes cast in the county at such election shall be for domestic animals, or any species thereof, running at large, it shall be lawful in such county for domestic animals, or such species thereof, to run at large, provided that if, at any such election, the vote in any precinct in counties not under township organization, or any town in counties under township organization, or any incorporated city, village or town, in any county, shall be against domestic animals, or any species thereof, running at large, it shall not be lawful for such animals to run at large in such precinct, or town, or incorporated city, village or town.

[L. 1871-2, p. 117, § 3; Erlinger v. Boneau, 51 Ill. 94; Holcomb v. Davis, 56 Ill. 413. 5. Vote by township, precinct, etc., when animals allowed to run at large in the county. $5. In any county wherein animals, or species thereof, are allowed to run at large pursuant to any vote heretofore had, or which may hereafter be had, on the petition of twenty legal voters of any precinct, if such county is not under township organization, or town, if such county is under township organ

CHAP. 8.

ANIMALS.

ization, or any incorporated city, village or town, in either case, being filed with the county clerk of such county, a vote may be taken in such precinct, or town, or incorporated city, village or town, in the manner provided in this act, and if a majority of the votes cast shall be against such animals running at large, then it shall not be lawful for them to run at large in such precinct, or town, or incorporated city, village or town. The vote provided for in this section may be taken in any such precinct, or town, or incorporated city, village or town, whether it shall previously have voted against or in favor of such animals running at large therein.

6. Rights saved. § 6. This act shall not be so construed as to prohibit the running at large of any domestic animals in any county, precinct or town, or incorporated city, village or town where the same is allowed pursuant to any election held by virtue of any law in force at the time this act shall take effect.

7. Vote to run at large when to take effect. § 7. Where, in any county, town, precinct, village or city, domestic animals shall have been restrained from running at large, and such county, town, precinct, village or city shall vote to permit such animals to again run at large therein, such vote shall not take effect so as to permit such animals to run at large within one year after the election; Provided, that no vote to permit such animals to again run at large in any county, town, or precinct, where the same have been restrained by any election after the adoption of this act, shall be taken within five years after such restraining.

AN ACT to amend "An act to revise the law in relation to permitting animals to run at large:" approved March 30, 1874, in force July 1, 1874. [Approved June 17, 1887. In force July 1, 1887. L. 1887, p. 19.]

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That an act entitled "An act to revise the law in relation to permitting animals to run at large," approved March 30, 1874, in force July 1, 1874, be and the same is hereby amended by adding thereto the following sections, to be numbered eight (8), nine (9) and ten (10):

*7a. Pound and poundmaster. § 8. Where, in any county, township, town or precinct, domestic animals or any of them shall have been restrained from running at large by a vote therein had, or shall hereafter be restrained from running at large by any vote had under the provisions of this act, it shall be the duty of the board of supervisors in counties under township organization where the vote has been held in the county, the supervisor where the vote has been held in the township, and the county commissioners in counties not under township organization, or in precincts where the vote has been held in such county or precinct, as soon as this law takes effect, where the vote has already been had but no action taken, or as soon as a vote is declared in the elections to be hereafter held, to select and prepare a suitable pound, appoint a poundmaster and fix the amount of his fees and charges, which shall remain as fixed until the next annual election, at which time the same may be altered, changed or amended by a majority vote of the electors present, who shall at the same time elect a poundmaster for the ensuing year.

*7b. Non-enforcement of act-penalty. 9. It shall be the duty of the poundmaster to enforce the provisions of this act and for any failure so to do, he shall be liable to a fine of not less than $5 or more than $20.

*7c. Election may be contested. § 10. Any vote, held under this act, may be contested as other township or county elections.

MALE ANIMALS.

AN ACT to prevent male animals running at large, and for their restraint. [Approved March 8, 1872. In force July 1, 1872. Laws 1871-2, p. 118.]

8. What not to run at large. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be unlawful for any male animal, viz.: stallion, jackass, bull, ram or boar, to run at large in this State. [R. S. 1845, p. 274, §§ 1-6.

[*141] 9. Taking up-advertising-penalty-redeeming. 2. That whenever any animal, as set forth in the first section of this act, shall be allowed, by its owner or owners, keeper or keepers, to run at large or go unrestrained, it shall be lawful for any person to restrain. the same by proper confinement and care; and the person so restraining shall immediately advertise such animal by posting up in three of the most public places in the township where the person so restraining shall reside, and the owner or owners, keeper or keepers of such animal shall be required to pay to the person so restraining $5 for such restraint, seventyfive cents for each of the three advertisements so posted up, and seventy-five cents per diem for their maintenance, while in his care; upon the payment of which, and the proper proof of ownership or agency for such ownership, the person so restraining shall deliver up such animal, unless as provided in the third section of this act.

10. Penalty-civil damages. § 3. Any owners or keepers of animals, as set forth in the first section of this act, who shall allow such animal to run at large or go unrestrained, in addition to the foregoing, as set forth in the second section of this act, upon complaint of any person or persons to any justice of the peace, or town officer, having jurisdiction, such owner or owners, keeper or keepers, shall be deemed guilty of trespass, and shall be mulcted in a fine of not less than $5, nor more than $50, for each and every such offense. And in addition to the foregoing, every such owner or owners, keeper or keepers, of such male animals, as set forth in the first section of this act, who shall allow such male animals to go unrestrained, or run at large, shall be deemed liable for all damages that may accrue to others, whether to their persons or their property, as stock breeders or otherwise, caused or brought about by the unrestraint or running at large of said male animals; and damage so accrued shall be recoverable by law in an action for damages in any court having jurisdiction of the same. 11. When deemed an estray. § 4. If such male animal shall remain in the possession of the person restraining it for thirty days from the time of advertising it, it shall be deemed an estray, and the laws of this State governing estrays shall be applicable to it.

TEXAS OR CHEROKEE CATTLE.

AN ACT to amend an act entitled "An act to prevent the importation of Texas or Cherokee cattle into the State of Illinois," approved February 27, 1867. [Approved April 16, 1869. In force April 16, 1869. L. 1869, p. 402.]

NOTE. In Yeazel v. Alexander, 58 Ill. 254, and Stevens y. Brown, 58 Ill. 289, the constitutionality of the law amended by this act was affirmed. In Railroad Company v. Husen, 5 Otto, 465, the U. S. supreme court held that a similar law of Missouri was repugnant to the constitution of the United States, and overruled the cases in 58 Ill. Following this case the supreme court of Illinois, in Salzenstein v. Mavis, 91 II. 391; C & A. R. R. Co. v. Erickson, 91 Ill. 613; Jarvis v. Riggin, 34 Ill. 164, held the above act unconstitutional. Hence it is omitted.

DOGS.

AN ACT providing for the payment of damages done by dogs. [Approved February of

24. Chasing sheep— owner liable. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, The owner of any dog or dogs shall be liable in an action on the case for all damages that may accrue to any person or persons in this State, by reason of such dog or dogs killing, wounding, or chasing any sheep or other domestic animal, belonging to such other person or persons; and when the amount of such damages does not exceed $100, the same may be recovered by an action before a justice of the peace.

25. When dog may be killed. § 2. If any person shall discover any dog or dogs in the act of killing, wounding, or chasing sheep in any portion of this State, or shall discover any dog or dogs under such circumstances as to satisfactorily show that such dog or dogs has been recently engaged in killing or chasing sheep, for the purpose of killing them, such person is authorized to immediately pursue and kill such dog or dogs. (See Crim, Code, ch. 38, § 203.

AN ACT to indemnify the owners of sheep in cases of damage committed by dogs. [Approved May 29th, 1879. In force July 1, 1879. L. 1879, P. 54.]

*25a. Assessor to make list of owners. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That each county and township assessor in this State, when making the assessment, shall annually make a list of the names of all persons who own or keep a dog or dogs, and set opposite the name of such owner or keeper the number of dogs he or she has in his or her possession, or that is or are kept on his or her premises; which list shall be returned by such assessor to the county clerk of the county in which said list is taken as soon as the assessment is completed.

*25b. Owners to pay license fee. § 2. The county clerk shall charge upon the collector's book against the name of each person reported and returned as the owner or keeper of a dog or dogs, as a license fee, the sum of one dollar for each dog owned or kept by such person, which fee shall be collected at the same time, and in the same manner as taxes upon personal property. In counties not under township organization, the collector shall pay the amount received from the license aforesaid to the treasurer of his county, and in counties under township organization the sum so collected in each town shall be paid by the collector to the supervisor of his town, who shall first give to the people of the State of Illinois, for the use of the inhabitants of his town, a bond with at least two sureties, to be approved by the board of supervisors of his county, in double the sum of such license fees in his town, conditioned that he will faithfully pay out said fund as hereinafter provided. Said bond shall be filed and remain in the office of the county clerk of the proper county.

*25c. License fund-how disposed of. § 3. It shall be the duty of the county treasurers and supervisors having the custody of the funds collected as license fees as aforesaid, to pay the same out in the manner following:

First-By such county treasurers to the owners of sheep in their respective counties, and by the supervisors to the owners of sheep in their respective towns, who shall make proof to them before the first Monday of March in each year, of loss or injury to sheep by dogs other than their own, the full amount of the loss or injury so proved, if there are funds sufficient to pay the same; if there be not sufficient funds to pay such loss or injury in full, then the owners of sheep so sustaining loss or injury as aforesaid, and making proof thereof, as in this act provided, shall be paid out of such fund in proportion to his or her loss or injury, his or her pro rata share thereof.

Second-If there be a balance of such license fund left in the hands of the county treasurer, or town supervisor, after paying the losses and injuries sustained as aforesaid, such balance shall be turned into the current county funds, in counties not under township organization, and be appropriated as the county board may direct; and by the supervisor of the town, in counties under township organization, into the general fund of the town, to be disposed of as such town shall see proper.* [As amended by act approved and in force May 30, 1881. L. 1881, p. 5.

* Emergency clause omitted.

*25d. Payment of license fee, when not to bar action. § 4. The payment to any owner of sheep of money for damages resulting from loss or injury to his or her sheep shall not be a bar to an action by such owner against the owner or keeper of the dog or dogs committing such injury or causing such loss, for the recovery of damages therefor. The court or jury before whom such action is tried shall ascertain from evidence what portion, if any, of the damages sought to be recovered in such action has been paid to the plaintiff in such action by the county treasurer or supervisor of the proper county or town; and in case the plaintiff in such action recovers damages, the court shall enter judgment against the defendant, in the name of the plaintiff, for the use of the proper county or town as the case may be, for the amount which the plaintiff has received on account of such damages from the county treasurer or supervisor of the proper county or town, if such recovery shall equal or exceed the amount so received by such plaintiff from the county treasurer, or town supervisor of his county or town; and the residue of such recovery, if any there be, shall be entered in the name of the plaintiff in such action to his own use; if the amount of the recovery in such action shall not equal the amount previously paid to the plaintiff on account of such damages by the county treasurer or the town supervisor of the proper county or town, then the judgment shall be entered as aforesaid, for the use of such county or town, for the full amount of such recovery. Writs of execution issued upon such judgment shall show on their face what portion of the judgment is to be paid to the proper county or town, and what portion is to be paid to the plaintiff in such action, and the judgment, when collected, shall be paid over to the parties entitled thereto, in their proper proportions.

*25e. Damages-how ascertained. § 5. No person having sheep killed or injured, as aforesaid, shall be entitled to receive any portion of the funds herein provided for, unless he shall appear before the nearest justice of the peace who can be found, within three days from the time when such injury or damage is discovered, and make affidavit stat ing the number of sheep killed or injured, that the name of the owner or keeper of the dog or dogs which destroyed or injured the applicant's sheep is or are unknown, or if known, then stating the name, and that such owner or keeper is insolvent, and that the applicant has received no compensation from the owner or keeper, or any other person, for the damage sustained; and thereupon the said justice of the peace shall enter the same on his docket in the same manner as other suits are docketed,