Commissioners of Highways v. Meserole
New York Supreme Court
Certiorari to the judges of the county of Kings relative to & road. The commissioners of highways of the town of Bush- ° . wick, in the county of Kings, in August, 1830, laid out a road extending southeastwardly from the eastwardly termination of South Second street, in the village of Willianisburgk, which termination is the boundary of the village, and which village is situate in the town of Bushwick.
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Certiorari to the judges of the county of Kings relative to & road. The commissioners of highways of the town of Bush- ° . wick, in the county of Kings, in August, 1830, laid out a road extending southeastwardly from the eastwardly termination of South Second street, in the village of Willianisburgk, which termination is the boundary of the village, and which village is situate in the town of Bushwick. The road was laid out on the petitition of 12 persons, eleven of whom were freeholders of the village of Williamsburgh, but owned no freeholds in the town of Bushwick, out of the bounds of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The judges decided correctly in ruling that the omission to 21 e the petition at the time of the making of the order laying out the road did not affect the regularity of the proceedings, the statute requiring it to be filed being merely directory.
As to the principal question, and upon which the order of the commissioners laying out the road was reversed : The village of Williamsburgh was incorporated by an act passed April 14th, 1827, Laws of 1827, p. 270, 275, by the 17th section of which the village is made a road district, and declared to be exempt from the-…
2Cited by1 opinion
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