People v. Three of the Judges of Suffolk County
New York Supreme Court
Certiorari. The commissioners of the town of Southampton, in the year 1833, on the petition of three individuals to have a certain road discontinue ed and closed up : which petition was supported by the oaths of twelve freeholders that the road had become useless and unnecessary as a public highway, made an order allowing the petitioners to close the road, provided good and easy swing gates were made and supported at the cost and charge of the petitioners : the commissioners…
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Certiorari. The commissioners of the town of Southampton, in the year 1833, on the petition of three individuals to have a certain road discontinue ed and closed up : which petition was supported by the oaths of twelve freeholders that the road had become useless and unnecessary as a public highway, made an order allowing the petitioners to close the road, provided good and easy swing gates were made and supported at the cost and charge of the petitioners : the commissioners declaring the highway to be for the use of the public as a passing road. The road was of the width of from seven to…
1Opinion of the Court
By the Court,
Cowen, J.
The order of 1833 -was not made under the 93d section of the act regulating highways, &c. in the counties of Suffolk, Queens and Kings. 3 R. S. 243, 255, 2d ed. Sess. Laws of 1830, ch. 56, p. 42. That section authorizes the commissioners, where a highway leads to any public landing, mill or meadow, through any person’s land, to consent in writing that such person may hang good easy swinging gates on such highway, and keep the same in repair at his or her cost and charge. The application was not for a written consent; it was by three persons, not calling themselves owners…
2Cited by4 opinions
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