Majority
p. 292The People ex rel. Parish, against The Supervisors of St. Lawrence.
Headnote
The assessment of damages by commissioners appointed under the 16th section of the act to regulate highways, (2 R. L. 275,) is conclusive upon the board of supervisors^ who are oouud to proceed and levy such damages ; and cannot inquire whether they oe too high or not.A road being laid out through the improved land of the relator, his damages were appraised by commissioners according to the 16th section of the act to regulate highways. (2 R. L. 275,) at $750. The oath and award of the commissioners being presented to the defendants, they proceeded to inquire into the merits of the relator’s claim, as rvhether it was not extravagant; and though requested-by him to cause the sum awarded to he levied, they postponed the consideration of the subject to their next annual meeting.
A motion was now made for a mandamus commanding the defendant to raise, levy and collect the money.
J. M’Kown, for the motion.
Clearly the supervisors have nothing to do with the merits of the appraisal. The statute declares that the whole of the damages, &c. shall be presented to the board of supervisors, &c. who shall cause the same to be raised, levied and collected, in the same manner as the other town
p. 293
charges are by law directed to be raised, levied and collected. The award of the commissioners, they having jurisdiction, is conclusive upon the board as to the amount .The motion must be granted.
Motion granted.