Majority
p. 242PUBLIC ROAD.
Headnote
Petitioners for a public road are not proper commissioners.In the matter of a road return in Kent county.
On the petition of sundry persons, praying an order to change the course of a certain public road, and a return changing the road accordingly; it was excepted to this return, that four of the five freeholders appointed were petitioners for the road, and therefore not impartial.
The return was set aside for this cause.