STATUTES AND OKDINANCES. 299 



shall be nuisances and to provide for their abatement, an or- 

 dinance declaring that swine running at large are nuisances 

 to be abated, is valid, though by the State law the right of 

 common may exist. Such a right is "within legislative con- 

 trol. It may be abridged or destroyed, wherever and when- 

 ever the law-making power may think the public good may 

 require it." ^^^ And the power to restrain animals has been 

 held to be included under a power "to have and exercise con- 

 trol over the streets" and "to cause nuisances to be removed 

 at the expense of the persons by whom they were occa- 

 sioned," ^^® and under a power to "exercise all rights, powers 

 and privileges of a corporation for purposes of municipal 

 regulation and control; to impose adequate penalties on per- 

 sons neglecting them, etc., and to pass rules not inconsistent 

 with the United States or State Constitution and laws." ^^'^ 



An ordinance prohibiting the running at large of animals 

 acts upon non-residents as well as residents.^^* But the legis- 

 lature, after having empowered municipal authorities to regu- 

 late this matter, may by an amendatory statute curtail such 

 powers by enacting that they are not conferred over the prop- 

 erty of non-residents. ^^^ 



A by-law enacting that certain animals shall not run at 

 large, does not impliedly allow others not named to do so.^^** 

 But where it was made unlawful for animals of "species bull" 

 to run at large, this was held to embrace bulls of all kinds and 

 descriptions without reference to size, age or quality, but not 

 to extend to cows, heifers or steers.^^^ A statute prohibiting 



"'' Roberts v. Ogle, 30 111. 459. And see Hagerstown v. Witmer, 86 

 Md. 293. 



^' Waco V. Powell, 32 Tex. 258. 



'"McKee v. McKee, 8 B. Mon. (Ky.) 433- And see Com. v. Bean, 

 14 Gray (Mass.) 52. 



™ Whitfield V. Longest, 6 Ired. L. (N. C.) 268. 



'" Smith V. Oatts, 92 Ga. 692. 



''° Crowe V. Steeper, 46 U. C. Q. B. 87; Jack v. Ontario & Simcoe R. 

 Co., 14 id. 328. 



'-'> Oil V. Rowley, 69 111. 469. 



