Holmes v. Ward

The court is inclined to regard the road petition as describing a road 50 feet wide by 3921/2 feet long running west from the initial point. So considered the petition is sufficient. The attempt to specify the width of the road did not vitiate it. Read*619ing all the provisions of the road law together the conclusion must be that the members of the board may themselves act as viewers without appointing anyone else for the purpose. When the commissioners appoint others as viewers such persons must be disinterested householders. The statute assumes that the commissioners will be qualified to act as…