Wood v. Jones

• Decision Date: 30 March 1891
• Parties: PEOPLE ex rel. WOOD, Collector, v. JONES et al.
• Court: Illinois Supreme Court

137 Ill. 35

27 N.E. 294

PEOPLE ex rel. WOOD, Collector,

v.JONES et al.¹

Supreme Court of Illinois.

March 30, 1891.

Appeal from Edgar county court; ANDREW J. HUNTER, Judge.James A. Eads and Eckhart & Moore, for appellant.

J. B. Mann, H. S. Tanner, and H. Van Sellar, for appellees.

CRAIG, J.

This was an application in the county court of Edgar county for judgment against certain lands to pay an assessment levied by drainage district No. 1 in Young America township, Edgar county, state of Illinois, to pay interest on certain bonds issued by the district for drainage purposes. A drainage district named as above, composed of certain lands, was organized by the drainage commissioners of Young America township on the 14th day of November, 1879, under the drainage act approved May 29, 1879. As originally organized, all the lands embraced in the district were situated in Young America township. After the organization of the district the commissioners made several assessments, located and constructed drains and ditches during the years 1880, 1881, 1882, and 1883. In June, 1885, the commissioners of the district were notified by certain land-owners of the district that the ditches which had been constructed were insufficient to drain the lands as originally contemplated, and requested that the ditches might be improved and enlarged. Upon receiving the notice the commissioners made a general examination of the ditches, and made a finding in writing that the ditches were insufficient in capacity to carry off the waters in the district. They also made the further finding: ‘Whereas, we further find that large areas of land which are involved in the same system of drainage, and require for outlets the drains of the district, have connected with the ditches of the district, and that, by such connection, the increased flow of water is emptied into said ditches, which requires an enlargement of said district ditches.’ They therefore appointed an engineer to examine the lands and ditches and report in writing. The engineer made an examination, and filed a report, which was adopted and approved. Afterwards, and on the 31st day of August, 1889, the following proceedings were had: ‘State of Illinois, Edgar county, Young America township-ss.: Whereas, the statute provides that if individual land-owners outside of a drainage district shall connect with the ditches of the district already made, they shall be deemed to have voluntarily applied to be included in the district, and their lands benefited by such drainage shall be treated, classified, and taxes like other lands within the district; and whereas, we, the undersigned, commissioners of drainage district No. 1, in Young America township, Edgar county, and state of Illinois, have ascertained from an examination of the lands hereinafter described that the following named individual land-owners, who are the owners of the lands set opposite their respective names, which are outside of said district, have connected with the ditches of said district: Now, therefore, we, the undersigned commissioners, do hereby order that the following described lands above referred to, the names of whose owners are set opposite to them, respectively, be taken in and added to said district, to-wit.’ Here follow two lists of lands,-one in Young America township, the other in the adjoining township of Shiloh,-which were taken in and added to the district as originally organized in November, 1879. The lands were afterwards classified. After the confirmation of the classification of the lands of the district the commissioners, by written resolution, ordered that the sum of $34,350 be raised by special assessment upon the lands of the district as enlarged, and further ordered that the said sum be paid in five equal installments, and that they be due and payable January 1, 1894, 1895, 1896, 1897, and 1898, respectively. November 16, 1889, and commissioners, by written order, determined and directed that, inasmuch as all of the said installments of said assessment were still unpaid,and funds were needed for the construction of the proposed work and the payment of the indebtedness, bonds to the amount of $6,000 of each of said installments, being less than 90 per cent. of the amount of each of said installments, be issued; that each bond be of the denomination of $500, and that the bonds be numbered from 1 to 60, both inclusive; that the first 12 bonds (amounting to $6,000) be due and payable August 1, 1894, being less than one year after the installment on account of which the money is borrowed falls due; that the next 12 bonds, $6,000, be due and payable August 1, 1895, being less than one year after the second installment of account of which the money is borrowed falls due; and so on, issuing the bonds less than 90 per cent. of each installment on account of which the money is borrowed, and making them due less than one year after the respective installment falls due; bonds to bear interest at the rate of 6 per cent. per annum, payable annually. The bonds were issued and sold. On the 21st day of February, 1890, the commissioners by written resolution declared that the sum of $1,200, amount required to pay interest on the bonds to August 1, 1890, be levied, and the amount be apportioned among the several tracts of land, according to classification. This was the levy for which application was made for judgment against the lands. Several...