Inhabitants of Dartmouth v. County Commissioners

26 N.E. 425, 153 Mass. 12, 1891 Mass. LEXIS 198

Opinion

W. Allen, J.

1. The county commissioners had authority to allow the amendment. New Marlborough v. County Commissioners, 9 Met. 423. Winchester v. County Commissioners, 114 Mass. 481.

2. The fact that the application to the selectmen was to lay out a public highway, does not avoid the proceedings. The selectmen exercised their authority, which was to lay out a town way. They called it a way. It was a public highway, laid out by the selectmen of a town, which is a town way. Jones v. Andover, 6 Pick. 59. Denham v. County Commissioners, 108 Mass. 202.

3. A legal and sufficient report and certificate of the laying out of the way was filed in the office, of the town clerk seven days before the town meeting, and was a sufficient report to the town of the laying out. Pub. Sts. c. 49, § 71. Carr v. Berkley, 145 Mass. 539. It was not necessary to return that no damages were sustained by any one. Monagle v. County Commissioners, 8 Cush. 360.

4. A majority of the selectmen could act; but it appears that they all acted.

We do not find any error in the proceedings of the county commissioners. Petition dismissed.