Board of Supervisors v. Towns of Condit

Citations

• 120 Ill. 301

Syllabus

<p>1. Bridges—county aid—right of a town to county aid, as depending on levy of tax by the former. The right of a town, under section 19 of the B.oad and Bridge act of 1883, (Bey. Stat. chap. 121, sec. 19,) to an appropriation from the county treasury of one-half of the cost of a bridge, where its cost is more than twenty cents on the one hundred dollars of the latest assessment roll, and such town has levied a road and bridge tax for the amount of sixty cents on each one hundred dollars, directed by law to be raised, will not be defeated by the fact that such town may have adopted the labor system, provided it has levied road and bridge taxes in all amounting to not less than sixty cents on each one hundred dollars’ valuation of taxable property.</p> <p>2. Same—of the proof required—notice—presumption. A county board will not be justified in refusing an application, on behalf of a town, for aid in the construction of a bridge, for the want of formal proof of the facts alleged in the petition. The destruction of a former bridge, and the necessity of rebuilding the same without delay, being matters of public notoriety, notice thereof to the county board will be presumed, without proof.</p> <p>3. So when the commissioners of highways present their petition for county aid in rebuilding a bridge, to the county board, showing the destruction of the bridge and the public necessity for replacing it without delay, and the letting of a contract, according to law, for the building of a new one, and file affidavits and estimates of its cost, as required by section 19 of the Boad and Bridge act, this will make out a prima facie case entitling them to the relief sought. If the county board have any doubts as to the truth of any of the allegations of the petition, they should investigate the matter. As to the levy of the necessary taxes by the town, they should inspect the public records.</p> <p>4. Mandamus—of the proof allowed. On the hearing of a proceeding by mandamus to compe