Townsend v. Radcliffe

Citations

• 63 Ill. 9

Syllabus

<p>1. Commission of surveyors—have not judicial powers. A commission appointed under section 2 of the “Act to provide for the permanent survey of lands,” of March 25, 1869, may examine witnesses under oath and report their finding to the court, but their report is not binding on parties as to disputed boundaries.</p> <p>2. It is only the approving order of the court, upon the hearing of parties and formal trial, that can give effect to the report and conclude the rights of those having interest.</p> <p>3. The rights of parties to trial by court and jury according to the usual course of law, being secure, the act in question is not unconstitutional.</p> <p>4. JSvibbnce. The reports of commissioners are only prima facie evidence, and may be controverted and the witnesses subjected to cross-examination, as in other cases.</p>