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cannot be legally predicated upon future action of the public authorities or future legislation; that property will be held not to be benefited in case subsequent work is required for which no provision is made; that in such proceedings it cannot be presumed that the public authorities will take certain action so that the property may be benefited in the future; that the property owner is entitled to a positive provision "that the action will be taken.” (Village of River Forest v. Cummings, 261 Ill. 228; City of Chicago v. Kemp, 240 id. 56; City of Waukegan v. Burnett, 234 id. 460; Lindblad v. Town of Normal, 224 id. 362; Gordon v. City of Chicago, 201 id. 623; Mason v. City of Chicago, 178 id. 499; Gray v. Town of Cicero, 177 id. 459; Title Guarantee and Trust Co. v. City of Chicago, 162 id. 505; Washington Ice Co. v. City of Chicago, 147 id. 327; Edwards v. City of Chicago, 140 id. 440; Hutt v. City of Chicago, 132 id. 352.) Benefits depending on future action by municipal or other legislative authority are too speculative and uncertain, under these decisions, to authorize the levying of a special assessment upon property. Before the courts are justified in entering judgments assessing property for benefits for proposed improvements, such definite, positive action must be taken by the public authorities that property owners are plainly authorized to enforce, by legal proceedings, the construction of such improvements. Obviously, from what has already been stated, no such definite action has been taken by the public authorities here,—no action under which appellants could enforce in the courts the construction of the outlet for the appellee district. On this record the North Alexander County Drainage District is under no legal obligation to construct said outlet ditch; neither has the appellee taken any definite action for the construction of said outlet. The authorities cited by counsel for appellee on this question, such as Badger v. Inlet Drainage District, 141 Ill. 540, People

v. Welch, 252 id. 167, and Bainum v. Randolph Drainage District, 257 id. 486, are not in point on this question.

Counsel for appellee argue that the provisions of an act of the legislature as to the connection of ditches between adjoining districts, approved June 28, 1913, (Laws of 1913, p. 271,) authorized the entering of the judgment by the court below. No attempt has been made to point out any provisions of this act, and we have found none, which apply to the conditions presented by this record.

Counsel for appellee further insist that appellants are in no way injured, because the bonds will not be issued or the contract let for the work of this district until the contract shall be let for the construction of the outlet ditch. The judgment in this case provided that the amount of the assessments against appellants' lands should bear interest at the rate of six per cent from the date of the judgment until paid.

Other questions are raised in the briefs which we deem it unnecessary to consider or decide, as the judgment must be reversed for reasons already stated.

The judgment of the county court is reversed and the cause remanded. Reversed and remanded.

INDEX.

ACCOUNT STATED.

whether there was an account stated is a mixed question
of law and fact-when the Appellate Court's finding on
such question is conclusive...

ACTIONS AND DEFENSES.

outstanding title acquired by one co-tenant inures to bene-
fit of all-when the rights of co-tenants are not barred
by delay......

when unreasonable delay will bar relief in equity..
when purchaser's want of notice of irregularity does not
preclude setting aside execution sale..

PAGE.

198

59

193

212

212

the fact that sheriff's deed has been made does not neces-
sarily bar relief against the sale.....
when execution sale of homestead should be set aside.... 213
what is not a failure of consideration for a contract for
fire insurance—when contract cannot be rescinded..... 380
in Illinois only the legal titles are tried in ejectment—evi-
dence of mental incapacity of grantor is not admissible
in action of ejectment....

389
when insured may sue re-insurer-insured may accept the
obligation imposed upon the re-insurer by its contract.. 426
when fact that statement of purposes of corporation is not
limited to words of Surety act is not a valid objection
to organization under such act....
when mandamus will lie to compel State superintendent
of insurance to act.....
what does not invalidate ordinance creating an office-
when bill to enjoin the payment of salaries of municipal
officers does not lie......

... 523

523

563

when foreign corporation may bring suit in Illinois...... 610

ADVERSE POSSESSION.

outstanding title acquired by one co-tenant inures to the
benefit of all-when rights of co-tenants are not barred
by delay.....

59

APPEALS AND ERRORS.

PAGE.

19

when the question of the location of a highway does not
involve a freehold......
jurisdiction of subject matter cannot be waived by parties. 121
the right to redeem from a conveyance claimed to be a
mortgage is not a freehold-what is not included in the
word "freehold"

when action of trial court in admitting evidence in crimi-
nal case cannot be considered......
what are not propositions of law-when refusal of propo-
sitions is proper.....

121

124

extent to which the Supreme Court may go in examining
questions of fact.....

198

198

whether there was an account stated is a mixed question
of law and fact-when the Appellate Court's finding on
such question is conclusive...........

.. 198

when permitting witness to answer question in improper
form is not prejudicial....

198

question whether there is any proof that the negligence
charged was proximate cause of injury is one of law-
what necessary to constitute proximate cause....
burden of preserving the evidence in a condemnation pro-
ceeding is upon party complaining of error....
when an instruction will not be deemed to apply to with-
drawn count-what does not give undue weight to an
instruction....

238

257

414

party need not wait until after final judgment before pre-
senting bill of exceptions in municipal court.

425

what is a proper method of bringing rules of municipal
court to attention of Supreme Court......

425

when refusal to admit competent evidence in criminal case
is not ground for reversal....

435

when constitutionality of a statute is not involved..
when no freehold is involved in suit to construe will.

533

633

ARSON.

what is a sufficient averment of ownership of building in
indictment for arson-when conviction will be sustained
though chief witness is an accomplice......

ASSAULT.-See CRIMINAL LAW.

ATTORNEYS AT LAW.

what constitutes unprofessional conduct by attorney-when
unauthorized use of trust funds is ground for suspend-
ing attorney from practice...

244

586

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