The opinion, in the case of Miere v. Brush, commencing on page 21, was deliver- ed by Justice Breese. DECISIONS OF THE SUPREME COURT OF THE STATE OF ILLINOIS, JULY TERM, 1841, AT SPRINGFIELD. Note. WILSON, Chief Justice, and SMITH, Justice, were not present at this term. HORACE WOODWARD, plaintiff in error, v. GILBERT TURNBULL, Treasurer of Warren County, defendant in error. Error to Warren. § 5 of “ An Act to incorporate the inhabitants of such towns as may wish to be incorporated," confers upon the president and trustees of incorporated towns the power "to provide for licensing public shows," and, by a fair construction, suspends, within the limits of such towns, so much of the act of 1829, as requires a license from the county treasurer. THIS cause was heard in the Court below, at the October term, 1838, before the Hon. James H. Ralston, without a jury, upon an agreed case. Judgment was rendered against the plaintiff in error for $20 and costs of suit. O. H. BROWNING and A. C. HARDING, for the plaintiff in error. A. WILLIAMS, for the defendant in error. DOUGLASS, Justice, delivered the opinion of the Court: This was an action of debt, brought by the treasurer of Warren county against Woodward, for exhibiting a menagerie of animals and a circus, in the town of Monmouth, in said county, without having obtained a license in accordance with the provisions of "An act to prohibit shows of wax-figures, tricks of jugglers," &c., (1) approved January 23, 1829. It is admitted on the record, that the town of Monmouth was regularly incorporated under the provisions of "AN ACT to incorporate the inhabitants of such towns as may wish to be incorporated," (2) approved February 12, 1831, and also that said Woodward, (1) R. L. 582; Gale's Stat. 659. VOL. III. 1 (2) R. L. 362; Gale's Stat. 381. |