Russell & Allison Drainage District v. Benson

Citations

• 125 Ill. 490
• 17 N.E. 814
• 1888 Ill. LEXIS 1128

Syllabus

<p>1. Construction or statutes—-whether to be given a retrospective operation. While the legislature has the power to pass statutes of a retroactive effect, yet, as a general rule, they are intended to operate in futuro, only, and a retrospective effect will not be given unless it clearly appears that such was the intention of the legislature, particularly if the rights of the public or of individuals may be injuriously affected thereby.</p> <p>2. Drainage law—discharging lands from, assessment—time within which to file petition. Section 43 of the Drainage act of 1883 limited the filing of petitions for amending the assessment roll so as to discharge lands not subject to overflow, to one year after the confirmation of the assessment. By the act of «1885 this section was re-enacted, giving additional grounds of discharge, and providing.that.the petition “for the correction of any assessment heretofore made” should be filed within one year-after the latter act should take effect: Held, that the act of 1885 applies only to that class of cases where the bar of the prior statute was yet incomplete when the later act took effect.</p>