Baldwin & Snowden Road

Tbe opinion of tbe court was delivered

by Woodward, J.

Tbe 3d section of tbe act of 24tb February, 1845, requires viewers to endeavor to obtain releases from owners through whose la'nds tbey lay out a road, and in case of failure, to assess the damages, and to make report thereof to tbe court. .

Tbe report before us is defective in this particular. It is *63silent on the subject of releases and damages, though it mentions the names of numerous owners through whose lands the road -runs. If there were releases, or if they considered the question of damages and assessed none, they should have said so.…