112 Ga. 578 | Ga. | 1901
On the 21st of December, 1899, a stock-law election was held in and for the 1287th district in Pickens county, and the result of the election was declared to be in favor of the adoption of the stock law in this district. Puckett and Young resided in this district, and the former, at what time does not appear, but, from the pleadings in this case, presumably after the expiration of six months from the declaration of the result of election, impounded certain hogs belonging to the latter, and was proceeding, under the provisions of the stock law,-to have the same sold, and declared his purpose to likewise impound and dispose of any hogs, cattle,' etc., of Young, which should enter upon Puckett’s premises. Thereupon Young brought a petition against Puckett, in which he prayed that the latter be enjoined from “impounding, selling, disposing of, or otherwise interfering with the hogs, cattle, and other domestic animals belonging to petitioner,- and that in the meantime, and until the final hearing of this petition, said defendant be temporarily enjoined and restrained from selling, or in any manner disposing of, the hogs impounded, and from impounding or in any manner interferring with petitioner’s hogs, cattle, and domestic animals.” By amendment to the petition, the plaintiff alleged the insolvency of the defendant. At the interlocutory hearing the court passed an
The defense to the plaintiff’s action is based entirely upon the alleged unconstitutionality of this act. It is- contended that the act is violative of pax. 17, sec. 7, art. 3 of the constitution, which declares that “No law, or section of the code, shall be amended or repealed by mere reference to its title, or to the number of the sec
It is contended, in the argument here, that, as it is practically impossible to comply with the conditions imposed by this amendatory act, “it by implication repeals, or renders nugatory, the laws relating to ” stock law elections in militia districts, and that “ such repeals do not exist in this State.” The act in question repeals nothing, either by implication or otherwise. The law upon the subject to which it relates, which was contained in the Civil Code when this statute was enacted, is still in existence, and is simply amended and modified by this act. The amendment may have the effect of practically paralyzing, or suspending the operation of, the law which it amends, but it does not wholly destroy it. If the General Assembly were to simply further amend the law by providing a way in which the required fences and gates could be legally erected, this paralysis, or suspension of operation, would be removed, and the law upon the subject of the adoption of the stock law in militia districts would, without being re-enacted, become fully operative and active. Even if the amendment in question
Judgment affirmed.