Garretson v. Clark

1 Hill & Den. 162

• Court: New York Supreme Court
• Decided: July 1, 1843
• Status: Published

Opinion

By the Court,

Nelson, Ch. J.

The only question in the case is, whether the commissioners of highways have power to alter a public highway without the intervention of a jury.

The general act is made applicable to the county of Richmond by an act passed in 1833 (Session Laws, chap. 97, § 2), and a reference to a very few provisions will show that the certificate of the jury is not required to authorize the action of the commissioners in the case mentioned. (1 R. S., 501, § 1, subd. 2 ; 514, §§ 58, 59.)

It is only in cases of laying out a new road through improved lands (1R. S., 514, §§ 61,62), or the discontinuing an old one (§81), that the intervention of the jury to examine and. certify to the necessity or propriety of the measure, is made a pre-requisite.

I think the case as presented should be regarded as simply a convenient alteration of a road, and then the power of the commissioners seems clear upon the sections above refered to.

Proceedings affirmed.