Samuels v. Drainage Commissioners

Citations

• 125 Ill. 536
• 17 N.E. 829

Syllabus

<p>1. Drainage law—lien for drainage assessments—foreclosure—under what statute. Section 253 of the Revenue law has exclusive reference to the foreclosure of liens for taxes, and the consequent penalties, interest and costs, and was never intended to apply to the foreclosure of liens for drainage assessments. That is regulated by section 72 of the Drainage act. of 1885.</p> <p>2. Section 72 of the Drainage act of 1885, provides a special proceeding: for the foreclosure of the lien for drainage assessments, independently of the one given by the Revenue law, for the foreclosure of liens for ordinary taxes, and it should be pursued.</p> <p>3. Same—decree of foreclosure—sale by the master. It is no objection to a decree for the foreclosure of the lien of a drainage assessment, that it directs a sale to be made by the master in chancery. Section 72 of the act of 1885 declares, that any judgment so recovered may be enforced and collected as other judgments in the same court.</p> <p>4. Same—constitutionality of act, as to mode of levying and collecting assessments. Section 31, article 4, of the constitution, as amended in 1878, confers upon the General Assembly all necessary power in matters of drainage, both as to the mode of the levying and collecting of special assessments upon property benefited and lying within the drainage districts as organized under its provisions. The mode provided in section 72 of the Drainage act of 1885, for the foreclosure of the lien of assessments, is clearly within the powers conferred by the constitution.</p> <p>5. Same—drainage commissioners, as officers de facto. There being such an office as drainage commissioners, persons assuming and exercising the duties of that office are de facto officers, and their official acts will be held valid until their right is called in question by quo warranto, and they are dispossessed thereby of all power under the statute.</p>