Shinkle v. Magill

Citations

• 58 Ill. 422

Syllabus

<p>1. Highways—variance from the point of commencement stated in the petition for a road. The statute requiring the petition for the laying out and. establishing of a public road, to designate the point of commencement of tlie road, will not permit any deviation by the commissioners from the point so fixed.</p> <p>2. In this case, the petition prayed for a new road to be laid out, commencing at the southeast corner of a certain section; the commissioners established the commencement twenty-five links from the corner. This difference, though slight, avoided the entire proceedings establishing the road.</p> <p>3. Same—of the notice of time and place to hear reasons—evidence thereof. Where the final order of highway commissioners establishing a public road, particularly specified that three notices of the time and place for hearing reasons for or against the establishment of the road, were posted in three of the most public places in the town, eight days previous to the time of meeting for the purpose, that was held to be the highest and best evidence of the fact.</p> <p>4. Same—what shall he done with the notice. The statute does not require the commissioners to deposit such notice with the town clerk.</p> <p>5. Same—of .the time within which the commissioners must meet to hear reasons. The provision of the statute requiring the commissioners to meet to hear reasons for or against the road, within thirty days from the posting of the petition, is mandatory, not merely directory. So where the commissioners met on the thirty-first day, for that purpose, the irregularity was such as to occasion a reversal of a judgment establishing tlie road.</p>