Mitchell v. Illinois & St. Louis Railroad & Coal Co.

Citations

• 68 Ill. 286

Syllabus

<p>1. Righht of way—right of possession under condemnation. Under the act of 1852 relating to the right of way, where an appeal was taken from the decision of the commissioners, if the party seeking the condemnation desired to enter upon and occupy the property pending the appeal, it was necessary that a bond should be given to the person whose property was sought to be taken, to secure the payment of the judgment that might finally he rendered. Possession taken forcibly pending an appeal, without giving such bond, is illegal, and may be recovered back in an action of forcible entry and detainer.</p> <p>2. Same—effect of new constitution on proceedings under act of 1852. The provisions of the constitution of 1870 giving the right of trial by jury, in all cases for the condemnation of land by incorporated companies, were in force from and after the adoption of the constitution, without the aid of specific legislation to enforce them, and repealed so much of the act of 1852 as authorized the land to be entered upon before a trial by jury.</p> <p>3. Statutes — construction—iohet7ier directory or mandatory. Where special proceedings are authorized by statute, by which the estate of one person may be divested and transferred to another, every material provision of the statute, especially those designed for the owner’s benefit and security, must be strictly complied with. A statute providing how the property of an individual shall be condemned for public use, is not merely directory but is mandatory.</p>