Crossett v. Owens

Citations

• 110 Ill. 378

Syllabus

<p>1. Highway—oath of commissioners to survey and locate a road— necessity therefor. A special act of the legislature appointing three commissioners to locate a certain road, required the commissioners, or a majority of them, to meet at a place named, before the first day of August thereafter, and after being duly sworn before some justice of the peace faithfully to view, mark and locate the road, proceed to lay out and locate the same: Held, that in order to show a legal road under such act by the action of the commissioners, it was necessary to prove that they took the oath before proceeding to make the location.</p> <p>2. Same—recital in commissioners’ report as to talcing the oath—its sufficiency. In such case, a recital in the commissioners’ report that they were duly sworn, without stating they were sworn to perform the duties imposed by the act, or to perform any duty whatever, is insufficient to prove that the commissioners were legally sworn before acting, and fails to show their authority to locate the road and make the field notes or report.</p> <p>3. Evidence—certificate of justice—how proven, out of his county. The certificate of a justice of the peace that certain commissioners appointed by the legislature to survey, mark and locate a road, were duly sworn before him, according to law, is not, without other proof, admissible in evidence out of such justice’s' county. To entitle it to be read in evidence, there should have been proof that he was a justice of the peace of his county. The statute provides that the county clerk’s certificate of that fact shall be evidence that such person was a justice of the peace, duly commissioned, etc.</p>