Hankins v. Calloway

Citations

• 88 Ill. 155

Syllabus

<p>1. Highway—previous survey may be adopted. Where a proper survey and plat of a proposed road have been made for the commissioners of highways, in a proceeding to establish a road, which falls through from some informalities, and the road is afterwards established, under new proceedings, upon the same route, there is no substantial objection to the adoption and use of such survey, and no new one need be had.</p> <p>2. Same — lime of presenting certificate to justice to have damages assessed. Where the notice given to the land owner, by commissioners of highways, of the presentation of their certificate that they are about to establish a road, fixed the time on March 11, while the justice’s docket entries in the case were dated March 13, it was held, that it might be shown, by other evidence, that the certificate was presented on the first named day, and the jurors selected on that day.</p> <p>3. Same—recitals in order laying out road made evidence. Where the final order of commissioners of highways establishing a road has the positive statement that their certificate was presented to the justice of the peace on a certain day, and a jury was selected by them and the land owners from the list of names presented by the justice, it will afford evidence of the facts, such final order being made by statute prima facie evidence of the regularity of the proceedings.</p> <p>4. Same—time fixed for assessing damages. Where the justice fixes the time for the assessment of damages within ten days from the filing of the certificate with him, as required by law, he may continue the case to a later day, and beyond the ten days, if, for any cause, notice has not been served on all the parties in time, and in such case he will not lose jurisdiction, and there is no error in taking the statement in the justice’s docket, and in the final order establishing the road, to show such fact.</p> <p>5. Right op wat—oath to jury assessing damages. An oath administered to a jury, before a just