Supervisor & Assessor v. People ex rel. Bailey

Citations

• 84 Ill. 544

Syllabus

<p>1. Townships—apportionment of debts, ete., on division. A subscription voted to a railway company by a town before an order for the division of the town, where there is no discretion left as to making the subscription and issuing of bonds in payment, constitutes an indebtedness within the meaning of the law requiring its apportionment on a division of the town, al. though the bonds may not have been issued until after the order for the division. The law embraces any contract, agreement or legal liability incurred, whether a present complete liability or one to ripen into such in the future.</p> <p>3. And so a liability of a town to subscribe a sum of money to procure the location of the Industrial University in the county, had in pursuance of law, under a vote after the making of an order for a division of the town, but which was not to take effect until a day after the taking of the vote, is an indebtedness to be apportioned after the division of the town.</p> <p>3. Same—division. The board of supervisors can divide a township only at a regular meeting, and upon sixty days’ notice; and an order for this purpose, that the separation or division shall not take effect until the next annual election of town officers, is authorized and is in accordance -with the statute.</p> <p>4. Municipal subscription—assurances to procure do not invalidate. Assurances by the officers of a railway company, in writing, that if a vote by a town is in favor of subscription to its capital stock, the bonds will not be called for until satisfactory assurance is given of the completion of the road, can not be regarded as a fraud operating to induce an affirmative vote. And when such a vote is had, if the supervisor enters into a further agreement to issue but half of the bonds voted, on satisfactory assurances, this will not release a new town, formed out of part of the original town, from the payment of its just proportion.</p> <p>5. Same—what is a corporate purpose. Counties, towns and