McManus v. McDonough

Citations

• 107 Ill. 95
• 1883 Ill. LEXIS 231

Syllabus

<p>1. Highway—presumption that decision of highway commissioners was publicly announced. Where commissioners of highways indorse upon or attach to the petition for the laying out of a road, a memorandum of their decision to grant the petition, which bears date on the day of the hearing, it will be presumed, on certiorari to quash the proceedings, that the commissioners did, at the hearing, publicly announce their decision, as required by law.</p> <p>2. Same—law requiring decision to be publicly announced on hearing, ■ construed as directory. The plain object of section 73 of the Eoad law, requiring the commissioners of highways to decide a petition for a road, and publicly announce them decision, etc., is to prevent delay in disposing of the matter, and afford parties in interest an opportunity to appeal in the time limited, and such provision may be regarded as directory, unless its omission can be seen to have defeated the purposes of its enactment.</p> <p>3. Same—sufficiency of description of road in certificate to justice of the peace. A certificate of commissioners of highways to a justice of the peace for the purpose of having damages assessed for right of way, described the road as commencing at a point twenty-five feet west of the south-west corner of the south-east quarter of section 17, township 13 north, range 8 east, fourth principal meridian, on the section line between sections 17 and 20, in the same township; running thence in a northerly direction, on the most eligible route, to a point in the public highway twenty-five feet west of the center of section 17, in the same township: Held, that it described the road and its route with sufficient certainty. Under such description it would have been proper to give in evidence, on the trial, a survey of that part of the road, or other minute description, to enable the jury to ascertain the accurate amount of damages.</p> <p>4. The statute does not require the certificate to give a minute description, by cou