Curry v. Jones

Citations

• 4 Del. Ch. 559

Syllabus

<p>The commissioners under an Act of Assembly for laying out ditches and draining swamps and low lands, did not all go upon and view the lands and premises, to be assessed for the purpose, before laying out the ditches, but a return was made including such lands in the estimate of land to be benefited, and providing for the assessment of the owner's of said land to pay for such ditches; and two of the commissioners who did not view the same, joined in the return. The commissioners then convened the persons assessed pursuant to the Act, and managers and a treasurer were chosen. Afterwards the managers proceeded to cut the ditches, and the treasurer attempted to collect the taxes from the persons assessed on lands which had been omitted from the view, and advertised for sale personal property of persons so assessed. Held:—</p> <p>1. That, by reason of the irregularity and illegality of the original proceedings of the commissioners, all their acts touching the laying out of said ditches, the estimating of the cost thereof, the assessing of the cost upon the owners of said swamps and low grounds, the election of managers and treasurer of said ditches and the collection of the said taxes, were wholly unauthorized by the act, and a breach of the trusts imposed, thereby, and were illegal and void.</p> <p>2. That there was no adequate remedy at law, and, therefore, an injunction would lie to restrain the further abuse of the trusts conferred by the Act of Assembly.</p>