the same. If the commissioners fail to make such settlement, the supervisor shall cause an action to be instituted against them, in the corporate name of the township to enforce such settlement.

142. Construction of road-Material.] § 14. The commissioners, may, in their descretion, cause the road to be constructed wholly of earth, and by a thorough system of tile and other drainage, when gravel, stone and other suitable hard materials cannot be obtained at a cost within the means in the hands of the commissioners.

143. Commissioners may take material.] § 15. The commissioners, for the purpose of constructing, maintaining or repairing gravel, rock, macadam or other hard roads, as provided in this act and for procuring materials therefor, may enter upon lands of others, doing no more damage than the necessity of the case may require, and take therefrom such material as is necessary for the construction and repairing of said roads: Provided, that the commissioners of highways, their employees or teams, shall not enter upon such lands for the purpose in this section stated, without having paid or tendered the amount of damage allowed or agreed upon: Provided, that the commissioners and the party or parties owning or controlling the lands to be entered upon, or from which material is to be taken, cannot agree as to the amount of damage or value of material, that the amount of damage shall be determined as provided for in the law for exercising the right of eminent domain. (1)

144. Compensation of commissioners and employees.] § 16. The commissioners shall receive the same compensation for their

(1) Form of Agreement as to Damages for Taking Material by Commissioners.

Whereas, a gravel [or as the case may be] road is being constructed [or repaired] in the town of , county of and State of Illinois, and the commissioners of highways of said town desire to enter upon the following described lands, [here describe land to be entered upon,] owned [or controlled] by A. B., for the purpose of procuring materials for the construction [or repair] of such road.

Now, therefore, it is hereby agreed between the said commissioners of highways and the said A. B., that the amount of damages sustained by the said A. B., by reason of the entering upon such land and taking materiais as aforesaid, be liquidated and agreed upon at dollars.

In witness whereof, the commissioners of highways and the said A. B. have hereunto set their hands, and the said A. B. has affixed his seal, this

day of

A. D. 18-.

For the law relating to Eminent Domain see Rev. Stat., chap. 47.

C. D.,) Commissioners

E. F.,

G. H.,

of

J Highways.

A. B., [SEAL.]

service under this act as for service under the common road law: Provided, that they shall not receive pay for both kinds of service on the same day. The surveyor or engineer shall receive a compensation not to exceed that allowed by law to county surveyors. The assistants or employees shall receive such reasonable compensation as may be agreed upon. The commissioners shall be paid by the supervisor out of the town fund. The surveyors and other employees shall be paid by the commissioner out of the permanent road fund.

145. Powers of board in counties not under township organization.] $17. The several county boards of counties not under township organization are hereby vested with the same powers for constructing, repairing and maintaining gravel, rock, macadam or other hard roads, in their respective counties, as the commissioners of highways in their respective townships, by the provisions of this act: Provided, however, that the question of raising a special permanent road tax for the purpose set forth in this act shall first be submitted to the legal voters of the county, at any regular election for county officers, on the petition of one hundred land owners, who are legal voters residing in said county, to the county clerk, previous to the time of posting the notices for said county election, said petition and notices to designate the road or roads to be improved, and number of years, not to exceed five, for which the tax shall be continued.

146. Ballots-Election-tax.] § 18. The ballots shall be in the form prescribed in section 2 of this act. If a majority of all the ballots cast at said election shall be in favor of the special permanent road tax, it shall then be the duty of the county board to direct the county clerk to extend such tax against all the taxable property, including railroads in said county, and proceed in the construction of the road or roads voted for, in the same manner as provided for the guidance of commissioners of highways in their respective townships.

147. Roads to be free.] § 19. All roads constructed under the provisions of this act, either by townships under township organization, or by counties in counties not under township organization, shall be free for public travel, and kept in repair by the proper authorities.

148. Surplus funds.] § 20. All surplus funds remaining in the hands of the treasurer, after the completion of such roads, shall be turned over to the common road fund of said township or road district, as the case may be, except so much thereof as the commissioners may order retained for the purpose of repairing said permanent roads.

DIVISION III.

DRAINS AND DITCHES.(1)

AN ACT to provide for the organization of Drainage Districts and to provide for the construction, maintenance and repair of drains, and ditches, by special assessments on the property benefited thereby. [Approved May 29, 1879. In force July 1, 1879. As amended by act approved and in force May 24, 1881.]

ORGANIZING DRAINAGE DISTRICTS-CONSTRUCTING DRAINS.

SECTION.

1. Drainage commissioners-Corporate name.

2. Clerk of commissioners-Duties.

3. Drainage district-Petition-Bond.

4. Filing petition—Notice of meeting.

5. Hearing-Affidavits-Finding.

6. Dismissal of petition-Costs.

7. Written statement of finding.

8. Adjournment-Examination-Survey-Estimates.

9. Organization of districts-Number.

10. Commissioners to locate work-Maps.

11. Right of way -Damages.

12. Damages assessed by jury-Venire-Notice.

13. Trial-Verdict-Transcript.

14.

Commissioners to view land-Benefits-Assessment.

15. Old ditch may be utilized.

16. Notice of meeting to hear objections.

17. Proof of notice.

18. Assessment-Correction-Confirmation-Appeal-Bond.

19. Summons to supervisors to hear appeal.

20. Hearing-Judgment-Appeal to county court.

21. Hearing appeal-Costs.

22. Appeal not to delay collection nor work, etc.

23. Assessment-When payable.

24. Copy of assessment certified to treasurer-Bond.

27.

28.

Notice of letting-Advertising for proposals.
Assessment paid in labor.

29. Payment of damages-Deposit.

30. Suits and expenses.

31. Entry upon lands.

32.

Additional assessment.

(1) Another act on the subject of drainage was passed by the legislature at the same session of the passage of this act, but as this act took effect subsequent to the former one, that portion of the latter act which relates to drainage in township organization is supposed to be superceded by the provisions of this act. The intention being, it is believed, that the provisions of this act shall govern in proceedings under township organization.

The Constitution of Illinois, on the subject of drainage, declares as follows:

The general assembly may pass laws permitting the owners of lands to construct drains, ditches and levees, for agricultural, sanitary and mining purposes, across the land of others, and provide for the organization of drainage districts, and vest the corporate authorities thereof with power to construct and maintain levees, drains, and ditches, and to keep in repair all drains, ditches and levees heretofore constructed under the laws of this State, by special assessments upon the property benefited thereby. Const., Art. IV, 31, as amended 1878.

33. Bridges and culverts-How paid for.
Sub-districts.

34.

35.

Not to prevent other drainage.

36. Penalty for injuring drain or work.
37. Action for damages.

38. Keeping drains in order.

39. Penalty for failure to perform duty.

40. Delinquent list-Sale.

41. Payment of delinquent tax before sale.

42. Collector of delinquent assessment-Give bond.

1. Drainage commissioners-Corporate name.] § 1. That the commissioners of highways in every township in the several counties under township organization, in this State, shall be the drainage commissioners in and for their respective townships, and as such shall be a body politic and corporate, and be the corporate authorities of all drainage districts within their townships, may sue and be sued, and exercise all the powers and perform all the duties hereinafter set forth. In all legal proceedings begun and carried on under the provisions of this act, their corporate name shall be the drainage commissioners of (name of township) township, (name of county) county, and State of Illinois.

2. Clerk of commissioners-Duties. § 2. The town clerk shall be the clerk of the drainage commissioners, he shall be the custodian of all papers and records pertaining to drainage matters in his township, and shall keep in a well bound book to be known as the drainage record, a record of the proceedings of the commissioners, and shall enter at length therein, all the findings and orders of the commissioners pertaining to the subject of drainage.

3. Drainage districts-How organized-Petition.] § 3. The following proceedings shall be taken for the purpose of organizing a drainage district: A petition shall be presented to the town clerk, signed by a majority in number of the adult owners of lands lying in said proposed district, and they shall be the owners in the aggregate of more than one-third of the lands lying in said district, setting forth the boundaries of said district, giving the number of sections or fractional parts thereof. Said petition, shall state that the lands lying within the boundaries of said proposed district require a combined system of drainage or protection from wash or overflow; that the petitioners desire that a drainage district may be organized, embracing the lands therein mentioned, for the purpose of constructing, repairing, or maintaining a drain or drains, ditch or ditches, embankment or embankments, grade or grades, or all, or either, within said district, for agriculSural, sanitary or mining purposes, by special assessment upon the property benefited thereby. Said petition shall be accompanied by a bond to the drainage commissioners, signed by at

least two (2) responsible persons, conditioned for the payment of all costs occasioned by said proceedings in case said district shall not be organized.(1) [As amended by act approved May 24, 1881.]

4. Filing petition-Notice of meeting.] § 4. It shall be the duty of the town clerk to file said petition in his office, and he shall within five days after the filing of said petition, give notice in writing to each of the commissioners of highways of such town, of the filing of such petition, and shall give notice by posting written or printed notices, in at least six public places in said township, that a meeting of the drainage commissioners will be held at such place and time, as the commissioners may decide upon, not less than eight days nor more than fifteen days from

(1) Form of Petition for Drainage District. To A. B., town clerk of the town of Illinois:

, county of

State of

The undersigned petitioners, being a majority in number of the adult owners of lands, and owners in the aggregate of more than one-third of the lands lying in the drainage district hereby proposed to be established, bounded as follows here set forth boundaries, giving numbers of sections or fractional part thereof]; do hereby respectfully represent and state that the lands above described, lying within the boundaries of said proposed district, require a combined system of drainage and protection from wash or overflow; that said petitioners desire that a drainage district may be organized embracing the lands herein mentioned, for the purpose of constructing [repairing or maintaining] a drain [or drains, ditch or ditches, embankment or embankments, grade or grades, as the case may be], within such district, for agricultural [sanitary or mining, as the case may be] purposes, by special assessments, upon the property thereby benefited. Dated this day of, 18—.

Form of Bond to Accompany Petition.

are town

- dol

Know all men by these presents, that we, A. B. and C. D., of held and firmly bound unto the drainage commissioners of ship, county, and State of Illinois, in the penal sum of lars, which sum well and truly to be paid, we bind ourselves, our heirs, executors and administrators, jointly, severally and firmly, by these presents.

Signed with our hands and sealed this day of

, county of

A. D. 18-.

The condition of the above obligation is such that, whereas, on the day of, A. D. 18—, a petition was presented to the town clerk of the town of and State of Illinois, for the purpose of organizing a drainage district, signed by , being a majority in number of adult owners, and owners in the aggregate of more than onethird of the lands lying within the drainage district therein proposed to be established. Now, if the said A. B. and C. D. shall pay, or cause to be paid, to the said drainage commissioners of said township all the costs occasioned by the proceedings to establish said drainage district, in case said district shall not be organized, then this obligation to be void, otherwise to be in full force and effect.

A. B. [SEAL.]

C. D. [SEAL.]