People v. Smith

Smith was sued for not removing, a fence charged to have been an encroachment on a highway, after receiving notice from the highway commissioner to remove it. The order was made and suit brought under sections 1290 and 1291 of the Compiled Laws.

Section 1290 authorizes the commissioner, where a highway has been laid out and opened, to order the removal of any fences or other encroachments within thirty days. The order is required to specify “the width of the road, the extent of the encroachment, and the place or places in which the same shall be, with reasonable certainty.” Comp. L., § 1290;…