Elijah Middlebrook Haines Illinois.

A compilation of the laws of Illinois, relating to township organization and ... online

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IS as treasurer of said drainage district, and that he will
jT account for all money that, by virtue of said office,
ne to his hands; and such bond shall be with such sure-
may be approved by the commissioners, and said bond
kept and preserved in the town clerk's office. (2)



:;}■



(1) Form of Order to Pay BenefiU in IfuiaUments.

Jlinois,

- CJounty

pof

ie drainage commissioners of the township of , having

) objections to the special aa^tessment made oy us in [A«re Btate
of the a88eB8menC\y and having confirmed said assessment, do
rder that said assessment be paid in installments as follows : [Aere
imountB and times of payment.}

hia day of A. D. 18—.

^•50 Drainage
E. F. \ Co™™^8sioner8.

'orm of Certificate of Clerk to be Attached to Aaseaement BolL

[llinois, )

— County, [ ss.
pof , )

Treasurer Drainage District Na ^:

., town clerk of the township of , and clerk of drainage

loners, do hereby certify that the above and foregoing is a true
K;t copy of the assessment roll now on file in my office.

under my hand thia day of , 18—.

C. D., Town Clerk.

Form of Bond of Treasurer of Drainage District.
all men by these presents, that A. B., of the township of-



f . and State of Illinois, and C D. and E. F., as sureties, are

firmly bound unto the People of the Stale of Illinois for the use

rsons interested, in the penal sum of dollars, which sum well

7 to be paid, we bind ourselves, our heirs, executors and adminia-

^intly and severally, firmly by these presents,
with our hands and sealed this day of , A. D. 18 — *

ndition of the above obligation is such that if the above lx>undeii
kll faithfully perform his duties as the treasurer of Drainage Dia-



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DIV. IIL] CONSTRUCTINa DBAIN8. 253



25. Treasurer to keep books. J § 25. It shall be the duty of
said treasurer to keep proper books, furnished him bj the com-
missioners, in which he shall keep, an accurate account of all
moneys received by him, and of all disbursements of the same;
he shall pay out no money except upon the order of a majority
of the commissioners, and shall carefully preserve on file all
orders for the payment of money, given him by the commis-
sioners, and shall turn over all books, papers, vouchers, moneys
and property belonging to and in his hands, as such treasurer, ta
his successor in office. (1)

26. Divisionofwork— Letting contract] §26. The said com-
missioners, when they have procured the right of way for the
proposed work, shall divide the ditch or ditches, into sections a
quarter of a mile in length, except the remainder or remainders^
after taking out as maaj full sections as the work contains,
which remainder or remainders may be let with the adjoining
section, or separately, as the commissioners may think best; or
they may let the same in one contract: Provided^ further^ that
no drain, ditch, or other work authorized to be constructed or
made uuder this act, shall be constructed or made, in such a
manner as to destroy or impair the usefulness, or prevent the

Eublic use of any bay or harbor, or body of water used as a
arbor connected with any navigable stream.

27. Notlceofletting— Advertising for proposals.] §27. Upon
the confirmation of the assessment, the commissioners shall cause
notice to be given of the time and place of the letting, and of the

trict No. —, in the township of , county of , and State of Illi-
nois, and will faithfully account for all moneys that by virtue of said
office shall come to his hands, then this obligation to be void, otherwise
to remain in full force and effect. A. B., [seal.]

C. D., [SEAL.]
E. F., [SEAL.]

This bond and the sureties approved this day of , A. D. 18—.

S- ^-^ ) Drainage
ZK» ) Commissioners.

4) Form of Order of Drainage Commissionera on Treasurer.

Stale of Illinois, )

- County, [ ss.



Township of-

To the Treasurer of the Drainage Commissioners of District No. — .

Pay to A. B. or order the sum of dollars for [Here state on what

account order is draum.]

Dated this day of , A. D. 18 —

5- ^-^ ) Drainage
H pi' ^ Commissioners.



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254 DRAINS AND DITCHES. [dIV. HL

t

kind and amount of work to be done, and where plans of the same
may be seen, by publication for twenty days in some newspaper
printed or published in said county. Saia bids shall be under
seal, and the commissioners may reject any and all bids, and may
continue the letting from time to time if, in their judgment, the
same be necessary. If the cost of the entire work will not exceed
five hundred dollars ($500), the commissioners shall let the same
at such time and in such manner as they may think best Said
commissioners shall not, during their term of oflSce, be interested,
directly or indirectly, in any contract for the constraction, repair
or maintenance of any work in such drainage district, nor in the
wages nor supplies to men or teams employed on any work under
tlieir jurisdiction. Any person or persons taking any work under
contract shall, on the completion thereof, according to contract,
be paid for such work by the treasurer, upon the order of the com-
missioners. If any person or persons to whom any portion of
said work shall be let as aforesaid, shall fail to perform said work,
the same shall be re-let in such manner as the commissioners may
think best.(l)

28. Assessment paid in labor.] § 28. In case any person
assessed for benefits contracts to do any work, and said work is
done according to contract, the commissioners shall give said per-
son a receipt for so much of said assessrpent as said work amounts
to, and said receipt may be received by the treasurer as payment
of so much of said assessment. (2)

(1) Form of Notice of Letting Contract.

Public notice is hereby given tliat the drainage commissioners of the

township of , county of , and State of Illinois, will receive

bids, under seal, up to noon of the day of \ A. D. 18 — , for the

[here state kind and amount of work to he done']. Plans of said work are
on tile at [state where], where the same may be seen. The said commis-
eioners reserve the right to reject any and ail bids.

Dated at , this day of , A. D. 18—.

^- 2» I Drainage
E p ' jCommissionerB.

(2) Form of Receipt for Assessment Paid in Labor,
State of Illinois,
Coui



nois, ]
ounty, U



Townsbipof-

Received of G. H. work to the amount of dollars, according to

ooutract between him and the drainage commissioners of drainage district

No. , to be applied in payment of a special assessment for drainage

pur|)oses against his lands in drainage district No. -. — , in said township.

Dated the day of , 18—.

^•5') Drainage
E jF* J Commissionera.



k^



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Div. hl] oonstbuctino drains. 255

29. Payment of damages— Deposit] § 29. All excess, if any.
of allowances for right of way and damages, over the amount of
special assessment tot benefits against the same person, shall be
paid or tendered to the owners thereof, before the commissioners
shall be authorized to enter upon said lands for the construction
of any work thereon; in case the owner is unknown, or there
shall be a contest in regard to the ownership of the land, or the
commissioners cannot, for any reason, safely pay the same to the
owner, they may deposit the same with the clerk of the county
court, and the court may order the payment thereof to such party
as shall appear to be entitled to the same.

30. 8idts and expenses.] § 30. The commissioners may use
money arising from the collection of assessments for the purpose
of compromising suits and controversies arising under this act,
and in employment of all necessary agents and attorneys in the
prosecution or defense of said operations, and to pay all neces-
sary employes.^

31. Entry npon lands.] § 31. The commissioners from the
time of receiving any petition, may authorize any employes to go
upon the lands lying within said district, for the purpose of ex-
amininp the same and making surveys; and after payment or ten-
der of compensation allowed, may authorize all contractors with
their servants, teams, tools, instruments, or other equipments for
the purpose of constructing such proposed work, and may ever
thereafter enter upon said lands as aforesaid, for the purpose of
maintaining or repairing such work, doing no more damage than
the necessity of the occasion may require, and any person who
shall willfully prohibit or prevent any of the aforesaid persons
from entering such lands for the purpose aforesaid, shall be fined
in a sum not to exceed twenty-five dollars ($25) per day, for such
hinderance, to be collected as other fines.

33. Additional assessment] § 32. When the assessments
hereinbefore made shall be inadequate to complete the work pro-
posed, or when assessments shall be necessary for maintenance
and repair, each tract of land shall be assessed such proportion of
the additional cost as its original assessment bore to the total
original assessment, and the said additional assessment shall be
made by the commissioners in the same manner as the original
assessment was made; and in all subsequent matters in relation
thereto, the same proceedings shall be had as hereinbefore re-
quired in regard to original assessments.(l)

33. Bridges and culverts.] § 33. The commissioners shall

(1) It -would be proper for tlie commlMloncrs. is case an additional assessment is
Jbond necessary, to cm use a statement of their finding in that respect to be entered of record be-
fore proceeding to make an additional aaBeasment.



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256 DRAINS AND DITCHES. [DIV. ni-

have power and are hereby required to make all necessary
bridges and culverts in any public highway for the protection of
ditches made hereunder, which bridges and culverts and the cost
of such portion of the drain or ditch lying in such highway, shall
be paid for out of the road and bridge tax. Whenever, in the
construction of any drain or ditch, it shall be necessary that the
same shall be constructed across the right of way of any rail-
road company, such portion of such drain or ditch, lying on such
right of way, shall be constructed by such railroad company.
And should an^ such railroad company refuse or neglect to con-
struct such drain or ditch for a period of thirty (30) days, after
notice given in writing by commissioners, then the commissioners
shall be authorized to construct such drain or ditch across such
right of way, and may collect the necessary cost thereof by suit
against said company, in any court of competent jurisdiction.(l)
[As amended by act approved May 24, 1881.]

34. Sab-districts. J § 34. During the progress of the work,
or at any subsequent time, the commissioners, when petitioned to
create a sub-district (within any district organized as aforesaid)
for the purpose of constructing any drain or drains, grade or
grades, embankment or embankments, lateral drain or drains, for
the further reclamation of lands within such sub-district, by
special assessment of the property benefited thereby, shall be
governed by the provisions of this act and the act to which this
is an amendment, which are applicable hereto; but this section
shall not be construed as preventing the commissioners from caus-
ing to be constructed, from time to time, proper ditches and em-
bankments anywhere in the main district, until all the land there-
of is properly drained and protected, which they may do by
special assessments on all the land in the main district benefitea
by such improvement, which additional improvements they shall
always undertake on a petition of a majority of the adult owners
of land in such district, and shall always be governed by the

(1) Form of Notice to Railroad Company to Construct Drain^ Etc,
State of Illinois,
• County,



nois, ]
ounty, \i
f J



Township of -

To Railroad Company :

You are hereby notified to construct a drain [or ditch] across your

right of way in the township of to connect with a certain drain

[or ditch] now being constructed in said township, and unless the same
IS constructed within thirty days from tnis date, we, the drainage com-
missioners of said township, will proceed to construct the same at your
expense.

iated the day of , 18-. A. B.. "» Drainage

E p' I Commissioners.



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DiY. iil] constructing dr.\in& 25T



general proyisions of this act and the act to which this act is an
amendment, in respect to damages, right of way, and assessments
for benefits, and in all other respects wherein the same is appli-
cable. And in case of drainage districts organized or petitioned
for, lying adjacent to each other, the commissioners and authori-
ties of the respective districts, shall have power to adjust by
agreement together, any question of right and justice, with respect
to either district, or any owner of land in either, satisfactory to
the parties concerned, and not inconsistent with this act, or the
act to which this is an amendment(l) [As amended by act ap-
proved May 24, 1881.]

35. Not to prevent other drainage.] § 35. Nothing in this
act shall be construed to forbid or prevent the drainage of any
lands, the drainage of which would require to be conducted to
the same outlet through which the waters of any ditch constructed
under this act shall flow, and the owner of sucn lands shall have
the right to construct and maintain all such lateral ditches over
and across any land intervening between such tract to be drained
and the main ditch or outlet. But, j^rovided, further , that any
land lying outside of the drainage district as organized, the owner
or owners of which shall hereafter make connection with the main
ditch or drain, or any ditch or drain within the district as organ-
ized, shall be deemed to have made v6luntary application to be
included in such drainage district, and such land shall be in-
cluded in such drainage district, and assessed with its fair pro-
Eortion of the costs of the ditches or drains or other works, to
e detern^ined by said commissioners under the provisions of this
act, and the act to which this is an amendmeni(2) [As amended
by act approved May 24, 1881.]

3ft. Penalty for injuring drain or work.] § 36. Any person
who shall wrongfully and purposelv fill up, cut, injure, destroy
or in any manner impair the usefulness ol any drain, ditch, or
other work constructed, established, or lying within any district
organized under this act for the purpose of drainage or protec-
tion against overflow, may be fined in i^ny sum not exceeding two
bnndred dollars, to be recovered before a justice of the peace in
the proper county. All complaints under this section shall be
in the name of the people of the State of Illinois, and all fines,
iprhen collected, shall be paid over to the proper commissioners,
to be used for the work so injured.

(1) In thm creation of rab-dlstiicta nndcr Srctlon 34, the petition &nd other pro>
oeedingi should follow the fonns as given in Seclioh 8, ante, beliig varied only to suit the re-
quirements of Section 84.



(2) In case of InclndHic ^tlser lands -within the drainage district as provided in Seo-

Jon 85, It would be proper for the drainage commission " " ~ ~^ ' " '~

eluding such lands, with a proper description of the same.

17



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258 DBAINS iiO) DITCHES. [DIY. UL

37. Action for damages.] § 37. In addition to the penalties
provided in the preceding section, the person so wrongfully or
purposely filling up or in any manner impairing the usefulness
of any such drain or drains, shall be liable to the commissioners
having charge thereof, for all damages occasioned to such work,
and. to the owners and occupants of land for all damages that
may result to them from such wrongful act, which may be recov-
ered before a justice of the peace, if within his jurisdiction, or
before any court of competent jurisdiction.

38. Keeping dr^ns in order.] § 38. All ditches and drains
shall, at all times, be kept in good order and repair by the com-
missioners, and the lanas affected by said work, shalT pay their
proportionate amount of cost, which shall be in the same pro-
portion that the lands were originally assessed.

39. Penalty for failure to perform dnty.] § 39 For a failure
to perform any of the duties imposed upon them by the provis-
ions of this act, the commissioners so failing 'shall individually,
upon complaint made under oath hj any person who has paid a
special assessment for the construction, maintenance or repair of
such work, be liable to a fine not exceeding one hundred dollars
($100), to be recovered in an action in the name of the people of
the State of Illinois, for the use of the district interested, before
any justice of the peace in said county, and all fines, when col-
lected, shall be paid to the treasurer of the district

40. Delinquent list— Sale.] §40. It shall be the duty of the
treasurer of each and every drainage district to make out a certi-
fied list of such delinquent lands upon which the assessments re-
main unpaid, and the same shall be by him, on or before the 10th
of March next after the same have become payable, returned to
the county collector of the county or counties in which such
lands shall lie;(l) and it shall be the duty of the collector to whom

(1) Form of Delinquent List
State of Illinois,

• County,



=:}'



Township of -

I, A. B., treasurer of the drainage district No. , of the township

of , county of , and State of Illinois, do hereby certify that

the followinfl: is a correct list of delinquent lands upon which the asi
ments remain unpaid for [here state for w?iat].



NAMES OF OWNERS.



DESCRIPTION OP
LAND.



AMOUNT ASSESSED
AND DUE.



In witness whereof I have hereto set my hand, this day of , 18 — .

A. B., Treasurer of Drainage District No. .



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DIV. m.] CONSTRUCTING DRAINS.

such return has been made, to transfer the amoui
from such returns to the tax books in his hands, sel
therein, opposite the respective tracts or lots, in prop
prepared for that purpose, the amount assessed againsi
or lot; and the like proceedings shall be had, and wit]
and effect, in the collection of such delinquent assess
the sales of said lands for the non-payment thereof asi
collections of State and county taxes by county colled
sales of real estate by them for such non-payment and
tions from such sales.

41. Payment of delinqnent tax before sale.j § 41.

standing the returns of such delinquent list, the saic
of the drainage district may receive payment of any g
^uent assessments and costs, and may give receipts foi
but shall keep a memorandum of the same, and on or
day of sale fixed by said county collector for sale of s
shall present said memorandum or list to said couni
for the purpose of having the same checked or mark<
delinquent list in his hands; and all amounts collected
county collector by sale or otherwise, after deductions
shall be paid to the treasurer of the drainage district on

42. Collector of delinquent assessments-Give boi

When the certified list of such delinquent lands upon
assessments remain unpaid has come into the nan
county collector, as aforesaid, the said collector sh
bond to the drainage commissioners for the use of i
interested in a sum, not less than twice the amount ol
quent assessments, conditioned for the faithful perfc
his duties as collector of said delinquent assessmei
drainage district, and that he will faithfully account f(
eys that by virtue of said delinquent assessments, sha
his hands; and such bond shall be with such sureties
approved by the county judge, and said bond shall b
preserved in the county clerk's office.(2)

(1) Farm of Receipt by Treasurer of Drainage District for i
State of Illinois,



te of Illinois, ]

County, }-8S.

M^nshipof , J



Townshipof-

Received from '- the sum of dollars, in pay me

ment and costs for {here state for whaW\

A. B., Treasurer of Drainage Distric

(2) Form of Bond of Collector of Delinquent Assessm

Know all men by these presents, that A. B., county coll

<x>unty of .and State of Illinois, and Q. D. and E. F.,

held and firmly bound unto the drainage commissioners of tl



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DRAINS AND DITCHES. [DIV. IIL



DUNTIES NOT UNDER TOWNSHIP ORGANIZATION.

DM.

I, Drainage commissioDers.

L Petition for drainage district.

>. Meeting of commissioners— Proceedings.

). Appeal.

Aage commissioners.] § 43. The connty commis-
ounties not under township organizaidon, shall be the
mmissioners in and for their respective counties, shall
olitic and corporate, with like powers and duties as
>mmissioners as hereinbefore provided for. In all
sdings under this act their corporate name shall be

[lage Commissioners of County, State of Illi-

luch counties the county clerk shall be the clerk of the
[nmissioners, and he shall perform all duties devolved
of drainage commissioners, as hereinbefore specified

Hon for draini^e district ] § 44 Whenever a major-
dult owners of land, and owning more than one-third
of lands lying in a county not under township oi^an-
reauiring a combined system of drainage or protec-
irernow, desire to form a drainage district, they shall
ffice of the county clerk a petition setting forth the
vided in section three of this act; which petition shall
nied by a bond as in said section provided. It shall
»e the duty of the clerk to give notice that a meeting
lage commissioners will be held, as provided in section
\ act.(l)

nty of , and State of Illinois, in the penal sum of

nount of delinquent cuseasment] which sum well and truly
re bind ourselves, our heirs, executors and administrators,
ally and firmly by these presents.
i our hands and sealed with our seals this day of ,

Ion of the above obligation is such that if the above bounden
' collector, shall faithfully perform his duties as collector of

it assessments of drainage district No. , in the township

1 will faithfully account for all moneys that by virtueof said
3t shall come to his hands, and pay over to the treasurer of

district No. , on demand, all amounts collected by him

erwise, then this obligation to be void, otherwise to remain
tnd effect. G. H., [seal.

I. J., [seal.]
K. L., [seal.'

lureties approved by . this day of , A. D. 18—.

E. F., County Judge.
gB under thU aeetion should follow the fonns given for proceedings under



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Goosle



DIV. IIL] districts LTDia IN TWO COUNTIES.

45. Meeting of eQnimi88ione» - Proceediiig8.] §

missioners shall meet at the time mentioned in sai
examine the said petition, and thej shall thencefortl
liminarj and subsequent matters, as to the oi^anizi
district, location of work, procuring right of way, a"w
ages, levy of special assessments for benefits, confiri
same and other matters, proceed in accordance witl
ions of this act in regard to the duties and powen
commissioners of townships, and shall in all cases b<
the same nowers and exercise the same duties as s
sioners.

4& Appeals.] § 46. Appeals from the orders
commissioners, confirming any special assessments
not under township organization, may be taken by a:
terested, who is not satisfied with the decision of the
ers, to the county surveyor, county treasurer and
shall constitute a board of appeals, who shall meet^
by the clerk, for the purpose of hearing appeals in
and at such meeting they shall proceed as hereinbef
for supervisors when hearing appeals in like cases,
a^rieved by the action of the board of appeals
therefrom to the county court on the same conditioi
same restrictions and with the like effect as hereinbef
for appeals from superYisors.(l)

DI8TBICT8 COICPOSED OF LANDS LYING IN TWO COUNTIE
TOWNSHIPS IN COUNTIES UNDBB TOWNSHIP OBQANE

SscnoN.

47. Lands lying In two counties— Mode of procee<

48. Appeals— How taken.

47. Lands lying in two coanties— Mode of procee

When lands lying in two counties, or in two townsl
ties under township organization, would be benefite
bined system of drainage, and a majority of the o^
lands, owning more than one-third (|) of such land
formation of a drainage district, they may file a pei
Tided in section three of this act, in the office of the
board of commissioners in whose jurisdiction the gr
said lands are situated. It shall thereupon be the
clerk to give notice as provided in said section, and ai
held in pursuance of such notice both boards of c(

(1) For tomm tor proceeding uiftder thim aection, see forms um



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Online LibraryElijah Middlebrook Haines IllinoisA compilation of the laws of Illinois, relating to township organization and ... → online text (page 33 of 74)