People ex rel. Pollard v. Swigert

Citations

• 130 Ill. 608
• 22 N.E. 787

Syllabus

<p>1. Drainage law—drainage bonds—powers of commissioners. The only powers that are expressly granted to drainage commissioners in respect to sub-districts that are at their option formed, are to make the division, and then to classify the lands therein, and make assessments as in original districts; and the statute provides that the fmids arising therefrom shall be kept as a separate and distinct fund, to be used in the sub-district from which collected. From these powers there would be no implied authority vested in the commissioners to issue bonds for an assessment made by them upon lands and property in the sub-districts.</p> <p>2. lío power is anywhere in the statute, either expressly or by implication, vested in the commissioners of either township or union districts to issue bonds or notes for unpaid assessments or installments thereof, for districts or sub-districts, or to issue any notes or bonds whatever, for any purpose or under any circumstances.</p> <p>3. Special districts alone are authorized to issue bonds for unpaid assessments or installments thereof, and they can not issue the bonds of the district for the indebtedness of a sub-district. Such sub-districts are not independent bodies, corporate and politic, but are dependent upon the original organization, and the corporate authorities for the main district act for the sub-districts.</p> <p>é. While the commissioners of a special district have power, under the statute, to form sub-districts, they have no lawful authority to issue bonds for an unpaid assessment made in one of such sub-districts, or for any part thereof; and even if they had the power to issue the bonds of the sub-district, bonds of the original or main district would be void, and not entitled to registry in the Auditor’s office.</p>