Scott v. People ex rel. Lewis

Citations

• 120 Ill. 129
• 11 N.E. 408

Syllabus

<p>1. Drainage haw—formation of drainage districts—by whom—and of the different classes. By section 1 of the Drainage law of 1885, the highway commissioners in each town in counties under township organization are made drainage commissioners of all the drainage districts in their respective towns, and are made a body corporate. Where a proposed district lies in two towns, the town clerk of the town having the greater part of the lands is required to select the drainage commissioners from the highway commissioners of both towns, and such districts are called “union districts.” When the proposed district lies in three or more towns in the same or different counties under township organization, the county court of the county having the greater part of the lands appoints temporary commissioners for the purpose of organization, after which new ones are to be elected. Such is called a “ special district. ”</p> <p>2. Same— enlarging a drainage district—by whom. Under section 42 of the same act, the authority to enlarge a previously organized district, without regard to the class to which it belongs, is conferred upon its drainage commissioners alone. Therefore, a proceeding to enlarge a special drainage district lying in three or more towns is not required to be instituted in the county court, but should be had before its drainage commissioners. It matters not, in respect to the question of their jurisdiction, that the commissioners may be an interested tribunal.</p> <p>3. Same—objections to judgment for delinquent assessments—whether availing after neglect to appeal. The fact that the order of the commissioners of a special drainage district confirming the classification of the lands added to the district was mislaid, so that it could not be found, affords no valid objection to an application by the county collector for judgment against the lands for the delinquent assessments thereon, as such an objection does not go to the substantial justice or validity of the assessme