Jasper County Democrat, Volume 5, Number 51, Rensselaer, Jasper County, 28 March 1903 — THE IROQUOIS DITCH CASE. [ARTICLE]

THE IROQUOIS DITCH CASE.

The court’s opinion was as follows: “The power of the board of commissioners to dismiss the proceedings in question was affirmed in Thompson vs. Board, 148 Ind., 136. The authority of the board in that event to tax the costs against the petitioners was also affirmed in the case cited. We adhere to these rulings and dispose of most of the questions in this case. “The bond sued on was in the sum of $20,000. It is claimed by appellants that there could be no recovery upon the bond in excess of an amount fixed on the basis of SSO for each mile of the proposed ditch, or in other words, that there could be no recovery upon the bond in excess of the sum of $9 75. A bond given voluntarily, where not contrary to law, is valid, if it is based upon a sufficient consideration. 4 Am. and Eng. Ency. of Law. (2ed.) 671, andcasesthere cited. The law required a bond in an amount not less than fifty dollars per. mile as a prerequisite to the consideration of the petition, and the bond in its entire amount rests upon that consideration. • “Tt is objected that an appeal had been taken by certain exceptors before the cause was dismissed. Application for leave to appeal had been theretofore made by such exceptors, .but even, if their application was not premature, yet the amounts of their respective bonds had not been fixed, and the board still retained jurisdiction over the cause. “The costs that were taxed in the cause were approved by the board and were taxed, by its order, while the petitioners were still in court, and the entries upon that subject were made some time prior to the order of dismissal.’ The cause was finally dismissed by the board at the costs of the petitioners. “The statute does not contemplate the collection of the costs advanced by the county by means of a fee-bill. The county must advance the costs. If the ditch is constructed, the county is to be reimbursed from the proceeds of the sale of bonds; if the petition is not granted or the cause is dismissed, as in this case, there is a liablity upon the bond for the costs.”