
    Case 17—APPEAL—
    January 12.
    Hind v. Rice.
    APPEAL PROM BOONE CIRCUIT COURT.
    1. Appeal prosecuted directly prom justice’s court to circuit court was properly dismissed by the circuit court.
    2. An act embracing more than one subject in its title and also in the body of the act is wholly unconstitutional and void.
    The act approved March 2, 1863 (Myers’s Supplement, p. 29, and also printed as an amendment to section 847 of the Civil Code), entitled “An act regulating appeals from justices’ and police courts, and officers of the quarterly court,” has two subjects expressed in its title, and the body of the act also relates to two subjects, to wit, “appeals” and “officers of the quarterly court,” and therefore the whole of said act is unconstitutional and void.
    Glenn & Riddell,........For Appellant,
    CITED
    Civil Code, sections 8, 20.
    J. M. Collins,..........For Appellee,
    CITED
    General Statutes, chap. 28, art. 1, secs. 1, 2, 4.
    General Statutes, art. 23. Civil Code, sec. 847.
   JUDGE GOFER

delivered the opinion op the court.

The act of the General Assembly approved March 2,1863, and entitled “An act regulating appeals from justices’ and police courts, and officers of the quarterly court” (Myers’s Supplement, 29, and printed as an amendment to section 847 Civil Code), is in conflict with section 37 of article 2 of the constitution of this state, and is void.

That section of the constitution provides that “no law enacted by the General Assembly shall relate to more than one •subject, and that shall be expressed in the title.”

Two subjects are expressed in the title to the act in question—to wit, appeals and officers of the quarterly court; and the act itself relates to two subjects—viz., appeals from justices’ and police courts, and the powers and fees of deputy clerks of the quarterly court.

As two subjects are expressed in the title, and the body of the act also relates to two subjects, the whole act is void.

The circuit court therefore properly dismissed the appeal of the appellant prosecuted directly from a justice’s court to the circuit court.

Wherefore the judgment is affirmed.  