Commissioners of Highways v. Baumgarten

Citations

• 41 Ill. 254

Syllabus

<p>1. Commissioners op highways—a majority may act The commissioners of highways of a town are a quasi corporation, and all such bodies act by a vote of a majority, unless there be some provision in the law of their creation to the contrary.</p> <p>2. The law giving commissioners of highways power to act in a specified case, the authority is to them in their corporate capacity, and the decision of a majority is the decision of the body.</p> <p>3. But, if they were not a corporation, then, the act by which they are appointed being silent as to how many should constitute a quorum, a majority may act.</p> <p>4. So, where a number of persons are intrusted with powers in matters of public concern, and all of them are assembled and consulting, the majority may act and determine, if their authority is not otherwise limited and restricted.</p> <p>5. And if it shall appear that a majority have acted in any given matter, it will be presumed the others composing the body were present and consulting, until the contrary is shown.</p> <p>6. So a contract for building a bridge, signed by two of three commissioners of highways, is binding upon the whole body.</p> <p>7. Towns—bridges — liability of towns for building bridges. Section 18 of the 17th article of the act of 1861, concerning township organization, prescribing a mode by which the liability of towns for building bridges may be enforced, did not design to create a liability in that regard where none existed before its passage.</p> <p>8. Before the passage of that act, as to adjoining towns, there was a mutual liability for the building of bridges over streams dividing such towns, or on the line dividing them, and to such towns the 18th section cited applies, when it declares that the bridges shall be built at the equal expense of said towns without reference to the town lines.</p> <p>9. But, whers one of two adjoining towns had been relieved of the burden of building bridges, by reason of that subject being committed to oth