of all the towns.

Commissioners through (or the assessment therefor may extend into) more than one town, the commissioners of all the towns affected shall, for the purpose required in regard thereto, constitute the board of drainage commissioners, and the proceedings shall be in their joint names.

Cook county.

3. This act shall not conflict with any act in regard to drainage in the county of Cook; but the commissioners herein referred to may proceed to act in all cases when the commissioners under such existing laws fail or refuse to act. § 4. This act shall be deemed a public act, and be in force from and after its passage.

APPROVED February 19, 1867.

In force Feb. 25, 1867.

township organization.

AN ACT to amend the drainage law.

SECTION 1. Be it enacted by the People of the State of Counties under Illinois, represented in the General Assembly, That so much of an act entitled "An act to amend an act establishing commissioners to facilitate the drainage of wet lands," approved February 16, 1865, be so amended that in all the counties of this state, adopting township organization, the commissioners of highways shall be and are hereby constituted, exofficio, a board of drainage commissioners in their respective

May run drains without con

towns.

§ 2. Hereafter, when any person owning wet or oversent of owners flowed lands in any county under township organization, in this state, desiring to drain the same, shall find it necessary to run across neighboring lands, whose owner or owners will not give consent for the drain to pass through his or their lands, then in that case the person or persons desiring the right of way for the drain shall make application to the said drainage commissioners, in writing, stating through whose premises, if known, it is necessary to pass, in order to effect a proper outlet for the proposed drain; and he shall also furnish to each of the owner, or owners, or their agent or agents, if known, through whose land it is proposed to pass, ten days' notice, in writing, that he intends to make application to the said commissioners to lay out a drain through his or their lands; and in case the owner or owners, through whose land it is proposed to pass, shall be a non-resident of the county or unknown to the applicant, then a written notice shall be posted ten days in three public places nearest the land through which it is to pass.

Time of determining.

3. The commissioners shall agree upon a time, not exceeding thirty days from the receipt of the application of the person or persons desiring the drain, when and

where they will meet to determine upon such application; and if anything shall prevent the meeting of the commissioners upon the day specified, then they shall, as soon thereafter as possible, appoint another day for meeting; and they themselves shall give notice of such meeting to the parties concerned, or their agent or agents. But if any one or more of the commissioners shall appear on the first mentioned day, the one, or more, so appearing, may proceed to elect one or more competent person or persons to make up the number who shall constitute the board, and may proceed to determine the application to lay out a drain shall in all cases be made to the commissioners residing in the town in which said drain is to commence.

§ 4. Upon meeting the commissioners shall proceed impartially to determine whether, in order effectually to drain the land of the party or parties making the application, it is necessary to pass through the land proposed; and if they shall find it necessary so to do, they shall then determine, also, the direction which the drain shall be run, and also the breadth of the same, granting always that the depth shall be such as to produce a current.

Direction and

breadth of

drain.

to make drain

§ 5. The commissioners shall, also, determine whether Owner of land the proposed drain will be of any practical benefit to the land through which it is to pass, and if so, what proportion of the drain the said land owner or owners shall make or cause to be made. If the commissioners shall be of opinion that the drain proposed will be of sufficient benefit to the land through which it is desired to pass, then they shall decide that the person or persons owning the same shall make or cause to be made the entire drain running across his or their lands, giving a reasonable time for completing the same, not exceeding six months, nor less than thirty days. But if they shall be of opinion that the drain proposed will not be of sufficient benefit to the parties owning the land to compensate him or them for constructing the entire drain, then they shall decide what portion of the same he or they shall make or cause to be made, giving a reasonable time for completing the same; and the party or parties desiring the drain shall be at liberty to complete the remainder according to the specifications of the commissioners, at his or their own expense.

enter and

drain.

§ 6. But if the person or persons through whose land Applicant may the drain is ordered to pass shall neglect or refuse to make, or cause the same to be made, within the time and according to the specifications of the commissioners, then the person or persons first making the application for the drain shall be at liberty to enter upon the premises of the person or persons so neglecting or refusing and make or cause to be made the drain, following the specifications of the said commissioners; and he or they may recover the necessary expense

Assessment for damages, &c.

To indorse and file application

Commissioners of highways.

May appeal.

of said work from the person or persons so neglecting or refusing, in an action of debt in any court having competent jurisdiction in the county in which such labor was done or performed.

7. If the commissioners shall be of the opinion that the drain, if made, will be of damage to the land through which it is proposed to pass, then they shall assess the amount of the damage to be paid by the person or persons desiring the drain, after payment of which, the party or parties so desiring the drain shall be allowed to construct the same at his or their own expense. But in no case shall the commissioners order a drain to be made where the water can not be conducted into a lake, or pond, or river, or other outlets or channels.

§ 8. The commissioners, after having decided either in favor of or against the application for a drain, shall note their decision on the back of the application and file the same in the office of the town clerk; and the clerk shall enter upon his book the date of said filing.

§ 9. The pay of the drainage commissioners shall be the same as is now allowed by law for their services as commissioners of highways, and shall be paid by the person or persons benefited by the drain, and be determined by the

commissioners.

§ 10. Either party feeling aggrieved by the decision of the commissioners, either in location or failing to locate the drain, may, at any time within fifteen days from the filing of such decision, appeal from the same by giving ten days' notice, in writing, to the opposite party or parties. Said appeal shall be taken before the supervisor, one justice of the peace, and the town clerk; all of the town in which the drain is to originate: Provided, that in case either of these persons shall be interested personally in the land or lands through which it is proposed to pass, or shall fail to attend on the day set to meet, then the one or two shall select some other disinterested person or persons to act with them. Review of com- § 11. The supervisor, justice of the peace and town clerk (in case none are interested as aforesaid, and if interested, then those selected,) shall within the fifteen days, fix upon a day when they will review the action of the said drainage commissioners, and hear the reasons for and against the laying of the drain. They shall then, after so hearing, determine whether the action of the commissioners was, in their judgment, proper; and if they reverse the decision of the commissioners, in whole or in part, they shall state the same, in writing, specifying what changes they have made, whether they have relocated the drain or reapportioned the labor, or reassessed the damage, if any there be; which statement shall be filed with the town

missioners.

clerk, for inspection, and record the same; and their decision shall be final in all cases pertaining to the subject.

§ 12. In all cases of appeal, the persons hearing and Fee allowed. deciding the same shall be entitled to two dollars per day for the time necessarily employed in the case; and if the action of the drainage commissioners is sustained, then the cost shall be paid by the party taking the appeal; but if said decision shall be reversed, in whole or in part, then the pay of said officers shall be paid in the same manner as specified in section nine of this act.

§ 13. In all cases where the commissioners shall have Non-residents ordered a drain through the lands of a non-resident owner or owners, and such owner or owners will not make nor pay for making such drain, as ordered, then it shall be the duty of the commissioners to assess the necessary cost of constructing the drain against the land, and return the same to the county clerk, in such county, who shall enter the amount with other taxes against the said lands; and when the same shall have been collected, as other taxes are collected, he shall pay the amount to the person or persons making or causing the drain to have been made.

8 14. This act shall not be construed to conflict with Cook county. existing laws for drainage in the county of Cook, but in

all other counties having township organization it shall alike be effective.

§ 15. This act shall be deemed a public act, and be in force from and after its passage.

APPROVED February 25, 1867.

AN ACT to amend an act entitled "An act to facilitate the drainage of wet In force Feb.

lands."

25, 1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section Amendmentz. fifteen of an act to facilitate the drainage of wet lands, approved February 16, 1865, be and the same is hereby amended by striking from said section the following words,

to-wit: "This act shall not apply to the counties of McHenry Counties not inand Kane, and."

§ 2. This act shall be deemed a public act and be in force from and after its passage.

APPROVED February 25, 1867.

cluded.

DEEDS OF TRUST.

In force Feb. 25, 1867.

AN ACT for the releasing of trust deeds in the nature of mortgages.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That trust Executors and deeds, in the nature of mortgages, for the security of money administrators may be released and discharged by the executor or admin

istrator of a deceased trustee.

2. That this act shall take effect and be in force from

and after its passage.

APPROVED February 25, 1867.

DISTRICT ROAD TAX.

In force Feb. 27, 1867.

AN ACT in relation to district road tax.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all Districts desig- counties acting under township organization the county books. clerk, in extending district road tax upon the tax books, shall designate to what district said tax belongs.

nated on tax

make abstracts

Collectors to § 2. It shall be the duty of county and township collectand deliver to Ors to make out an abstract of the amount of district road commissioners. tax due to each district of the respective townships, and deliver the same to the treasurer of the commissioners of highways.

Pay over road tax.

§3. The commissioners of highways shall pay over the district road tax, according to the abstracts as furnished above, to the various overseers of roads in their respective towns, to be applied on the roads of said district.

This act shall be deemed a public act and take effect and be in force from and after its passage.

APPROVED February 27, 1867.