Shreve v. Town of Cicero

Citations

• 129 Ill. 226

Syllabus

<p>1. Administering oatsb—power of town cleric. Section 112, of article-12, of the Township law, provides that the town clerk may administer-oaths and take affidavits in all cases required by law to be administered to or taken by town officers, but there is no general law empowering him to administer oaths in other cases.</p> <p>2. The special charter of a town provided, that in proceedings to' levy a special assessment the commissioners selected to make the assessment might be sworn before the town clerk. The town, however, adopted article 9 of the act relating to cities and villages: Held, that as the provision in the charter was not repugnant to anything in that article, the town clerk might properly administer the oath to the commissioners appointed to make a special assessment.</p> <p>3. Speoiaxi assessment—in town having a special charter, hut homing• adopted article 9 of the general Incorporation law. Upon the adoption of article 9 of the act relating to cities and villages, by a town acting' under a special charter, a proceeding to levy a special assessment must, conform to' that article, which will control whenever it conflicts with the charter. But the charter continues in force in so far as it does not conflict with article 9 of the statute.</p> <p>4. Same—for local improvement in another town. The property in one town can not be specially assessed for the purpose of making local improvements in another and adjoining town. But where no suitable outlet for a sewer can be found in the town making the same, its extension a short distance in an adjoining town, to a proper outlet, is not a violation of the rule.</p> <p>5. Same—ownership a disqualification of commissioner—evidence to-show the fact. A person owning property to be specially assessed for a public improvement is not competent to act as a commissioner. Such a. person is interested in the assessment, and his interest disqualifies him from acting. But his ownership of land can not be shown by the affi