168 Ind. 291 | Ind. | 1906
This proceeding was instituted by appellants before the Board of Commissioners of the County of Miami to establish a drain in the counties of Fulton and Miami. Prior to the making of an order establishing the ditch, the act of March 6, 1905 (Acts 1905, p. 456, §5622 et seq. Burns 1905), became a law. The court below dismissed the proceedings and rendered judgment for costs against appellants. The question which this. appeal presents is whether the act aforesaid deprived the board of jurisdiction.
Appellants’ counsel contend that section fourteen of said act (§5635 Bums 1905) saved pending proceedings, and also that such proceedings were saved by virtue of 1 R. S. 1852, p. 430, §2 (§243 Bums 1901, §243 R. S. 1881). Counsel for appellees contend that as the drain had not been ordered established, the board lost jurisdiction to proceed, and they base their claim on what they conceive to be the proper construction of said section fourteen. They also deny that section two of said act of 1852 has any application to suits instituted under statutes passed subsequently to said enactment, and in support of this view they call attention to the title of said law. We are not called on to. consider the validity of the latter contention, as we have reached the conclusion that the proceedings in question were saved by section fourteen of the act of 1905.
Judgment reversed, with an order for further proceedings not out of accord with this opinion.