McChesney v. People ex rel. Johnson

Citations

• 99 Ill. 216
• 1881 Ill. LEXIS 167

Syllabus

<p>1. Evidence — plat which is not a copy of original. On an application for judgment against lots for a special assessment thereon for park purposes, the owner offered in evidence a plat which was not claimed to be a copy of the original, which original and the record thereof had been destroyed by fire, but so far as it showed the relative position of the property to the park, it was claimed to be a copy of the original. The court excluded the same: Held, that there was no error in rejecting it as evidence. It was not competent for any other purpose than to show the relative position of the lots to the park, and that appeared as well by the description given of the property as it would have been shown by the plat.</p> <p>2. Interest — statute fixing rale — uniformity. Fixing the rate of interest an installment of a special assessment shall bear, where the same is made payable at stated periods in the future, is in no sense “regulating the rate of interest on money,” within the meaning of the constitutional prohibition against the passage of any local or special statutes on that subject.</p> <p>3. Special assessments — on property held by corporation in trust. Land dedicated by the owner as a park, to the trustees of a town, “for the benefit of the owners of lots fronting on the same,” “ to be ornamented and improved in such manner as a majority of such owners shall desire,” is neither a public park, nor the property of the town. It remains private property, and it is subject to taxation and special assessments under the general laws. A municipal corporation can not hold private property in trust .for private persons, so as to exempt it from the imposition of taxes or special assessments under general laws.</p>