Charles H. Force & Co. v. Town of Batavia

Citations

• 61 Ill. 99

Syllabus

<p>1. Subscription to railroads by municipal corporations, and the issue of bonds therefor—of the election by a township under the special act of February 18,1857, by whom, it must be called. The act of February 18,1857, authorizing any city, county, incorporated town, or any township organized under the township organization laws, situated on or near the route of certain designated railroads, to become subscribers to the stock of such roads, and to issue their bonds for the amount of the stock so subscribed, provides that, upon the application of any fifty voters of any such city, town, etc., specifying the amount to be subscribed and the conditions of the subscription, it shall be the duty of the clerk of such city, town, etc., to call an election in the same manner that other elections for said city, town, etc., are called, for the purpose of determining whether such city, county, etc., will subscribe to the stock of such road, etc., and if a majority of the votes shall be for subscription, it authorizes the proper authorities to cause such subscription to be made and the bonds therefor to be issued: Held, that an election, under the provisions of this act, by a township, to determine whether it would make such a subscription, called by the town supervisor, was void, and the vote therefor, although in favor of subscription, conferred no power on the county authorities to issue the bonds therefor. The town clerk, and he only, could legally call such election.</p> <p>2. Nor would the eighth section of article four of the act of 1861, in relation to township organization, which authorizes the supervisor to call special town meetings in the absence of the clerk, have the effect, if such contingency happened, to render valid such an election so called by the supervisor. The act authorizing the subscription being a special act, the proceedings under it must be in conformity with its provisions, and the provisions of the township organization act have no application to