Board of Supervisors v. People ex rel. Com'rs of Highways

Citations

• 110 Ill. 577

Syllabus

<p>1. Mandamus—relator’s right must appear. In a proceeding by mandamus, it is essential, before the writ be awarded, that it be made to appear to the court that the relator has a clear legal right to have the thing done which is thereby sought.</p> <p>2. Bridges—right to demand county aid, by towns. The board of supervisors of a county are not bound to make an appropriation to aid the commissioners of highways of a town, until “one-half the necessary funds have been provided bj the town authorities.!’ This is a condition precedent for the protection of the tax-payers of the county.</p> <p>3. Same—of the provision by town for one-half the necessary funds. A mere arrangement by the' commissioners of highways, not sanctioned by a vote of the people of the town, under section 111 of the Road law of 1879, to borrow money with which to pay one-half of the cost of building a bridge, can not be regarded as legally providing for money to meet this kind of an improvement, as they are under no legal obligation to consummate the arrangement, and it can not form the basis for an application to the county board for an appropriation of the other half of the cost of the bridge.</p> <p>4. Under section 90 of the Road and Bridge act of 1879, there is no authority for borrowing money by the commissioners of highways for providing for one-half the cost of building a bridge, without a vote of the town, nor for requiring counties to pay one-half the expense of building bridges when private parties may be -willing to pay the other half.</p>