§ 1. Amends section 58. Act of 1879. $ 58. Assessing lands benefited outside of districtproceedings—shall be in county in which majority is situated.

(House BILL No. 68. FILED JULY 11, 1919.)

AN ACT to amend section fifty-eight (5S) of an Act entitled “An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts”, approved and in force May 29th, 1879, and the Acts amendatory thereto. SECTION 1: Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section fifty-eight (58) of an Act entitled: “An Act to provide for the construction, repara. tion and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes and to provide for the organization of drainage districts” be amended to read as follows:— § 58. Any land lying outside of the drainage district as organized, the owner or owners of which shall thereafter make connection with the main ditch or drain or with any ditch or drain within the district as organized and whose lands are or will be benefited by the work of such district, shall be deemed to have made voluntary application to be included in such drainage district; and thereupon the commissioners shall make complaint in writing, setting forth a description of such land or lands benefited, and amount of benefits; the name of the owner or owners thereof, also a description of the drain or ditch making connection with the ditches of such district, as near as may be: and file said complaint in the County Court or before a justice of the peace. The court or justice of the peace shall fix a day, not less than fifteen days from such filing, when he will hear such complaint. and thereupon the commissioners shall give ten days’ notice thereof in writing; said notice shall embrace a copy of such complaint, and service thereof shall be by reading or delivering a copy thereof to such owner or owners, or by either publishing a copy of said petition or posting copies thereof within the territory sought to be annexed in the same manner as provided by section three (3) of said Act; and af. fidavit of such service shall be evidence thereof. At the time fixed, or at a time continued from such time fixed, the court or justice of the peace, shall hear said cause, and if the complaint is before a justice of the peace, and judgment is rendered in favor of said district, he shall record a copy of said complaint, and service of notice thereof to: gether with his judgment thereon upon his docket, and if the district was organized before the County Court, he shall transmit a certified copy of such complaint and judgment to the clerk of such court who shall file and record the same, or if the complaint was heard by the County Court, in which such district was organized and judgment given in favor of said district, a record of such judgment giving a description

of such land annexed shall be made, and such lands described in the complaint in either case, shall be deemed a part of such district and shall be assessed as other lands therein. The assessments of benefits against such lands so added to said district, may be made at any time the commissioners may deem proper; and the assessment roll thereof shall be filed and recorded and proceedings thereon had as in other cases; or such lands may be assessed when all lands throughout the district are assessed; provided that when the lands so added lie in another county from which the said district was organized and have the effect of changing the acreage so that the county in which said district was organized contains no longer a majority of the acreage of said district or a majority of the land owners of said district, then all proceedings thereafter had pertaining to said district shall be in the county in which the majority of the acreage and a majority of the owners of the lands of said district is situated. And the county clerk of the county in which said district was organized, or which prior to said annexation contained a majority of the acreage, shall transmit to the county clerk of the county in which a majority of the acreage and a majority of the owners of the lands in said district is situated, a copy of the order organizing said district, a copy of all assessments for benefits and confirmed by the court and a copy of such other records as may be designated by the court in which the majority of the acreage lies. FILED July 11, 1919. The Governor having failed to return this bill to the General Assembly during its session, and having failed to file it in my office, with his objection, within ten days after the adjournment of the General Assembly, it has thereby become a law.

Witness my hand this 11th day of July, A. D. 1919.
Louis L. EMMERson, Secretary of State.


§ 1. Amends sections 23, 24, 25. 26, 29. § 42. Rights of land owners

42, 43, 52, 60, 73. 74, adds sec- within and without

tions 79, 80, 81, and repeals district—annexation.

section 15b, Act of 1885.
§ 43. Organization of sub-
§ 23. Notice of meeting to districts.

hear objections.

§ 52. Proceeding on hearing

—appointment of

$ 24. Hearing objections—

proceedings—appeal. commissioners.
o § 60. Commissioners to file
§ 25. Ano, too.” #o classification. — no-
correct errors— tice to be given.
record. § 73. Compensation of offi-
- Cers.
§ 26. Special assessment—
how made—validity § 74. District or commis-
not affected when sioners not liable for
not properly noti- building, etc.—Cost
fied. to be considered in
determining damage.
$ 29. Tax—when and how
payable—estoppel — § 79. New assessment may

no writ of error to
review judgment to
be brought after six

months from entry.

be made if special assessment be annulled — proceedings.


§ 80. Defines “ditch"—com- § 2. Repeals section 15b.
missioners v e s te d
with power to widen.
etc. such water-

$ 81. Sole commissioner of
high w a y s to be
known as drainage

(SENATE BILL No. 153. APPROVED JUNE 28, 1919.)

AN ACT to amend an Act entitled, “An Act to provide for the drainage for agricultural and sanitary purposes and to repeal certain acts therein named,” approved June 27, 1885, in force July 1, 1885, as amended, by amending sections 23, 24, 25, 20, 29, 42, 43, 5.2, 60, 73 and 74. by adding thereto three sections to be known as 79, 80 and S1, and by repealing section 15b thereof. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: An Act entitled “An Act to provide for drainage for agricultural and sanitary purposes and to repeal certain Acts therein named,” approved June 27, 1885, in force July 1, 1885, as amended, by amending sections 23, 24, 25, 26, 29, 42. 43, 52, 60, 73 and 74 thereof, and by adding three sections to be known as sections 79, 80 and 81, the amended and additional sections to read as follows: § 23. When the classification of lands has been prepared as hereinabove provided, the commissioners shall fix a time for the hearing of objections thereto and upon such classification being filed, the clerk of said drainage district shall give two weeks’ notice of the time fixed for such hearing, which notice may be in substance as follows: “TO WHOM IT MAY CONCERN : “You ARE HEREBY Not IFIED that the commissioners of the (here insert the name of the drainage district; and in the case of a sub-district or minor sub-district, give the numbers of the sections, with township and range, in which it is located) have filed their classification of lands benefited therein, and that they will on the . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . , A. D. 19. . . . . at the hour of . . . . . . M., meet at . . . . . . . . . . . . . . . . . . , to hear any and all objections that may be made to the same, when and where you may appear and be heard, if you see fit. “Dated this. . . . . . . . day of . . . . . . . . . . . . . . , A. D., 19. . . . “Clerk of said District.” Such notice shall be published once each week for two successive weeks in a newspaper in the county in which the drainage district was organized, and a copy thereof shall be posted in ten public places in the drainage district, and a like copy shall be mailed at least ten days before the hearing to each owner of lands so classified who resides outside of the county or counties where such district is situated, and whose postoffice address is known to the commissioners, but the failure to give the proper notice as to any owner of land, or to any commissioner of highways, shall not affect in any way the validity of the special assessment levied on the said classification, except as to the land of the owner thereof

not properly notified or as to the public roads under the jurisdiction of the commissioner of highways not properly notified. § 24. The commissioners or a majority of them, shall meet at the time and place fixed for the hearing and shall hear all objections to their classification that may be urged by any person interested. They may adjourn from time to time, or to a future day fixed, as deemed necessary, until all objections have been heard and considered. They shall make public announcement of all such adjournments and cause a notice to be posted thereof at the place of the said meeting, giving the time and place of the said adjourned meeting. After all objections that may be offered have been heard and considered, the commissioners shall, if satisfied that justice requires that their said classification shall be modified, correct the same in accordance with the rights and justice of the matter, which corrections or changes, if any, may be made on the table or map and the commissioners shall thereupon confirm such classification; but if not so satisfied, they shall confirm their classification as originally made and shall enter an order to that effect. All orders made by the commissioners, either correcting or confirming their classification, shall be filed in the office of the clerk of the drainage district within five days from the entry thereof, and any person appearing and urging objections who is not satisfied with the decision of the commissioners in confirming the classification of the lands, may appeal therefrom within ten days after the order of the commissioners is filed, by filing with the clerk of the County Court of the county in which the district was organized, and in which court said appeal shall be tried, a bond with good and sufficient security, to be approved by the clerk or the judge of said court, payable to said drainage district and conditioned for the payment of such tax as may be levied upon the land in question in all costs occasioned by said appeal in case said order of said commissioners shall be affirmed. § 25. Appeals taken to the County Court under the provisions of this Act may be heard at any common law or probate term thereof: Provided, that ten days has intervened from the time of taking the appeal and the first day of the term, otherwise such appeal shall be heard at the next term of said court as herein provided, and the cost of such appeal may, at the discretion of the court, be divided between the drainage district and the owner of the land who may appeal from the classification of the commissioners. It shall be the duty of the County Court to cause to be summoned twelve disinterested land owners to meet at the court house at a time set by the court for hearing any appeal or appeals that may be taken from the decision of the commissioners. The said twelve (12) landowners shall be men who have practical knowledge of the costs and benefits of farm drainage, and shall be sworn in as a special jury to try the case on appeal. Should any of the said landowners fail to appear at the time named, or should any of those summoned be rejected under the exercise of the usual right of challenge, the court may cause to be summoned any other qualified landowner, or owners, as required by this section, to fill such vacancy or vacancies, or the case may be tried by six qualified jurors, if both parties to the suit so agree. Whenever the special jury summoned to hear appeals shall have been sworn in as herein provided, it shall be the duty of the court to lay before them the classification as determined by the drainage commissioners, and they shall examine the same and hear allegations and testimony in opposition to and in support of the same, and may, if requested by either party to the appeal, visit the district and view the lands. If they find the tracts of land in question are marked too high or too low in the classification, they shall correct the errors; but if no injustice has been done, they shall confirm the classification as made by the commissioners. Their final determination shall be made in writing and filed with the records of the court. The classification, when established as herein provided, shall be recorded in the drainage record. § 26. The commissioners by resolution shall order such amount of money to be raised by special assessment upon the lands of the district as may be necessary, and such amount shall be apportioned among the several tracts in the name of the owner when known, according to acreage of each and its figure of classification on the graduated scale, so that each tract may bear its equal burden in proportion to benefits. They shall make out a special assessment roll hereinafter designated tax list, setting down in separate columns the owners’ names, when known, and when unknown stating unknown, a description of the land, the number denoting the classification, the tax, the damages allowed, if any, or any other credit to be given to the owner. The balance of tax over credits or of damages or other credits over the tax showing the amount due to the district by each land owner on the separate tracts, or due to the land owner by the district, shall be set down, in final columns. When completed the list shall be filed with the town clerk. The tax list may be substantially as follows:–

SPECIAL ASSESSMENT TAX LIST OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... (Here Insert Name of District)

Description of Land OWNER'S —|No. Classifica- Tax Total Bal. Duel Bal. Due MARKS NAME tion on sale Levied Credits district | Owners REMARK, Sec. Tp. R. Acre Dol. Cts. Dol. Cts. Dol. Cts. Doi. Cts." - | | | t

If any land owner or any commissioner of highways has not been properly notified in accordance herewith of the hearing in reference to the classification of the lands and public roads, this shall not affect the validity of the tax or special assessment so levied against any land or the public roads except the tax or special assessment levied against the particular tract or tracts of land whose owner has not been properly

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