61 So. 465 | Ala. Ct. App. | 1913
In support of the charge made against the defendant that he, “being the owner or manager of three cows, did knowingly suffer such cows to run at large in a district wherein such cows were prohibited by law from running at large,” the prosecution offered in evidence the minutes of the court of revenue of Lawrence county purporting to show the establishment of such a district, pursuant to the authority conferred by the act approved February 28, 1881, “to authorize the commissioners’ court, or court or board of county revenues, of the counties of Marengo, * * * Lawrence^ and Perry, to establish or abolish districts in which stock may be prevented from running at large.” —Acts of Ala. 1880-81, p. 163. The defendant duly exempted to the action of the court in overruling his objection to the admission of this evidence, upon the ground, among others, that it failed to show that a petition by 10 freeholders was filed, as required by the provision of the statute to entitle the court of revenue to take such action. It is plain that the statute makes it a prerequisite* to the existence of the right of the court of revenue to exercise the special power or jurisdiction conferred that “ten freeholders petition said court in writing,” as required by the provisions of section 2 of the act; and it is not to be questioned that the record of the proceeding must affirmatively show the existence of the facts upon which the court’s jUrisditcion or authority
Reversed and remanded.