State v. . Comrs.

It is referred to the Supreme Court to decide upon consideration of the public law, and of the private acts which have been passed to regulate the town of Fayetteville (which private acts are a part of this case), whether the persons who hold the office of commissioners are liable to an indictment upon the ground that the streets are out of repair.

We are of opinion the defendants are subject to an indictment if the streets of the town are permitted to be and remain out of repair. Annoyances in highways, by rendering the same inconvenient or dangerous to pass, either positively by actual…