County of DuPage v. Commissioners of Highways

Citations

• 142 Ill. 607

Syllabus

<p>1. Bridges — county aid to build — record essential to support petition. The determination by the commissioners of highways that a necessity exists for the construction or repair of a bridge, which will serve as the basis of an application to the county board for aid under the statute, is the exercise of a corporate power vested in the commissioners, which can only be exercised at a meeting of such commissioners, and only be shown by the record of their proceedings required by the law to be made and kept.- It can not be shown by parol evidence.</p> <p>2. Same — mandamus to compel county aid — defect in records waived. The fact that the records of the commissioners of highways, at the time of the refusal of the county board to grant aid in rebuilding a bridge, fail to show that they had made the proper orders required of them, will not prevent them from maintaining a mandamus to compel the county board to grant such aid, when its refusal is placed on other insufficient grounds, and the highway commissioners show, by an amendment of the records of their proceedings, that they had, before applying for aid, made the necessary determination and order.</p> <p>3. Highway-commissioners — amending records. The commissioners of highways, in a proceeding by mandamus to compel a county board to aid in the construction of a bridge, may show that an amendment of their proceedings was made by or under the direction of the same town clerk who was in office when the first meeting of that body was held, and whose duty it was to make a full and correct record'of the proceedings of such meeting, and made while he was still in office, and if he is prevented, by death or other necessity, from perfecting the record, they may show that the amendment was made by the direction of the same commissioners as were at the first meeting, acting officially at a meeting, under evidence that justified their action.</p> <p>4. Where the official action of the commissioners of highways necessary to i