DIVISION X. ANIMALS. AN ACT to revise the law in relation to permitting animals to run at large. [Approved March 30th, 1874. In force July 1, 1874. Rev. Stat., ch. 8.] SECTION. ANIMALS RUNNING AT LARGE. 1. Animals prohibited from running at large-Jurisdiction. 2. 3. 4. 5. 6. 7. Vote by township, precincts, etc., when animals allowed, etc. Vote to run at large not to take effect until one year, etc. 1. Animals prohibited from running at large-Jurisdiction.] 1. That whoever, being the owner, or having the possession of any domestic animal of the species of horse, mule, ass, cattle, sheep, goat or swine, shall suffer the same to run at large, except when authorized as hereinafter provided, shall be fined not less than $3 nor more than $10 for each offense, and for every day he shall allow the same to run at large after having been once convicted under this act. The herding of any such animal upon uninclosed lands without the consent of the owner or person having the control of such lands, shall be deemed running at large under this act. Justices of the peace shall have jurisdiction of cases arising under this act, and animals running at large contrary to the provisions hereof.(1) [L. 1871-2, p. 116, 117, § 1, 2. (1) The party who has possession of stock and who has control over them, is liable for damage done by them, in the same manner as though he were the owner. Ozburn v. Adams, 70 III. R., 29. Suits brought under the act to prohibit domestic animals running at large may be brought before justices of the peace, in the name of the People of the State of Illinois on the complaint of any person who is or may be the owner or have the control of land near to or upon which the animal may be taken up. The suit should be commenced by summons. The duty of prosecuting the suit seems to be imposed on the taker up or party aggrieved. Opinion Att'y Gen. EDSALL, Aug. 13, 1873. A party who permits his stock to run at large in violation of law, is liable in an action of trespass for any damage they may do to the crops of others. Frederick v. White, 73 Ill. R., 590. Where a plaintiff's horses escaped from his enclosure against his will, and he immediately went in search of them to put them up, but before he found them they were seized by the police constable of the town where they were found running, who impounded them under the ordinance of the town. Held, that under such circumstances the horses were not running at large in the legal sense of the term, and that the constable had no right to detain them from the owner. Kinder v. Gillispee, 63 III. R., 88; 0. & M. R. R. Co. v. Jones, 63 Ill. R., 472. Where cattle are trespassing upon the premises of a party, he, and also the members of his family, have the undoubted right to use all reasonable means and sufficient force to remove them, and there is nothing illegal in driving such cattle from the premises with dogs, if no unnecessary injury is done to the stock. Spray v. Ammerman, 66 Ill. R., 309. At common law every man is bound to keep his cattle on his own land or respond in damages for their trespasses; and it was one of its rules that no man is bound to fence 2. Petition for 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 of such petitions are filed, requiring different questions to be submitted at the same election, the notice shall conform thereto.(1) [L. 1871–2, p. 117, § 3. his close against an adjoining field, but every man is bound to keep his cattle on his own field at his peril. But this legal obligation might be changed by prescription and covenant, and in this State it can be done under the statute regulating partition fences. If cattle or hogs escape through a line or division fence,whether established by act of parties or under the statute, and do damage, before the party injured can recover he must prove that the stock came through that part of the fence belonging to the defendant; or if the defendant's stock pass through that part of fence belonging to each party, then the plaintiff must prove the amount of damage occasioned by the stock passing through the defendant's portion of the fence, in order to recover for that part of the damages sustained. If the stock pass through plaintiff's portion for its insufficiency, he cannot recover of the defendant for any damages they may do. Darcy v. Miller, 86 Ill. R., 102. See ante, Div. IV., "Fences," p. 248. The owner of sheep infected with contagious disease, which is know to him, who suffers the same to escape from his pasture into the premises of another, through a defect in his part of a division fence, which he neglects to keep in repair, is liable in an action, under the statute, to such adjoining owner for all damages he may sustain by having such disease communicated to his sheep. Herrick v. Gary, 83 Ill. R., 85. See ante, Div. IV., "Fences," p. 248. Το (1) Form of Petition for county clerk of Vote on Animals Running at Large. do The undersigned petitioners, legal voters of said county of respectfully petition that you cause to be submitted to the legal voters of said county at the next general election for town officers, to be held on the C. D. 18-, the question of allowing domestic animals [or any species of animals, mention them,] to run at large in said county. day of Dated this day of 18. (To be signed by one hundred or more legal voters.) Form of Notice by County Clerk of Taking Vote on Animals Running at Large. day of A. D. 18-, county, State Public notice is hereby given, that on the a petition was filed in the office of the county clerk of of Illinois, signed by one hundred legal voters of said county, praying that said clerk cause to be submitted to the legal voters of said county, at the next general election for town officers in said county, the question of allowing domestic animals to run at large in such county. Therefore, at the general election for town officers in said county, to be held on the day of A. D. 18-, a vote will be taken for and against domestic animals, [or if any species of animals, mention them] being allowed to run at large in said county. Given under my hand this day of A. D. 18-. A. B., county. 3. Form of ballot-Voting-Canvass-Return.] § 3. If the petition be for domestic animals running at large, then the 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 "For . . . . . (naming the animals, as in the petition,) running at large," and "Against. (naming the animals, as in the petition,) running at large. 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. If 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.(1) L. 1871-2, p. 117, § 3. 5. Vote by township, precinct, etc., when animals allowed to run at large in the county.] $5. If any county wherein animals or any 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 organization, 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 (1) A by-law of a town prohibiting cattle from running at large and inflicting a pecuniary penalty upon the owners of cattle violating the law, confers no right upon the owner in fee of the land included in a highway in such town to distrain cattle grazing upon such highway. Taylor ▼. Welby, 36 Wis. R., 42. Concerning the restraint and regulation of animals running at large, by the electors at town meeting, see Div. I., ante, p. 56. any such precinct, or town, or incorporated city, village or town, whether it shall have 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 not to take effect till one year-Five years limitation. 87. 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. 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.] 9. Taken up-Advertising-Penalty-Redeeming. 10. Penalty-Civil damages. 11. When deemed estray. 8. What not to run at large.] § 1. 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. 9. Taking up-Advertising-Penalty-Redeeming. § 2. That whenever any animal, as 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, seventy-five 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 |