People v. Kimball

By the Court,

"Wing, J.

The fourth section of chapter 25 of the Eevised Statutes authorizes the Commissioner of Highways to lay out highways, upon the application of three or more.persons in any township, liable to be assessed for highway labor. This section is amended by Session Laws of 1848, p. 100, by which the Commissioners are authorized to act upon the application of ten or more freeholders, resident in such township, who shall wish to have a highway in said township laid out.

The highway in question is a legal one, if the laws to which we have referred are in force — if they are not…