MATTER OF HIGHWAY.

In support of his motion, Mr. Green cited Griffith's Treat. 546, in which the form of an application is given. Supplement to Trenton City Charter, passed seventh March, 1837.

Hamilton, contra.

HORNBLOWER, C. J. I am inclined to think, all the objections to these proceedings, are fatal, but am decidedly of opinion the second is so.

After the surveyors have decided upon the application, and have separated, they cannot alter their decision, even if all of them unite in a reconsideration.

The third objection is also fatal. The city surveyors are substituted for township surveyors; and besides, the oath of each officer should be subscribed by him.

FORD, J. Has some doubts on the first and second points but has none on the third.

The oaths of the surveyors are in blank.

WHITE, J. I am inclined to think the return must be quashed on the first objection. The beginning and terminating points of roads, are of great importance and should be accurately discribed. In this case, there is no certainty as to the place of termination.

The conduct of the surveyors in re-assembling and acting, was improper and irregular.

The official oaths being mere blanks, are nullities.

DAYTON, J. My opinion is, that each of the objections is good. The beginning point, as contended for, is not sufficiently designated; and the ending point was unknown, not even existing, at the time of application.

On the second point, I am as fully decided. After settling and announcing their decision, the surveyors and the public had dispersed, when a part of the surveyors re-assembled and signed the return.

The affidavit of the surveyors is verbal, and not verified as it ought to be.

Return quashed.

Matter of Practice.

ANONYMOUS.

R. S. FIELD, Attorney-General, moved to discharge a rule heretofore entered by him in this case, for a struck jury; the venue having been changed from Hunterdon into Mercer county, since entering said rule; and there being no sheriff in Mercer, which has also been set off from Hunterdon since said rule was obtained.

THE STATE v. SAILER.

Motion allowed.

ON INDICTMENTS FOR MISDEMEANORS.

Matter of Practice.

Mr. Jeffers, moved for a rule that the state shew cause at the next term, why these indictments shall not be quashed.

Rule granted.

EXPARTE THE NEW-JERSEY RAIL ROAD COMPANY.

Matter of Practice.

Mr. Molleson, in behalf of the company moved for writs of Certiorari, to bring into this Court, the proceedings of certain commissioners in assessing damages, in three cases against the company.

CASTLE V. CARR,

The reason assigned for the application, was, that excessive damages had been assessed by the commissioners.

BY THE COURT. Let the writs be allowed.

ANONYMOUS.

On Certiorari. Matter of Practice.

0. S. Halsted, moved for the dismissal of the Certiorari for want of prosecution, it having been returnable before the last term, and not proceeded upon.

It was objected that this motion is too late; it should have been made at the first term after the default.

BY THE COURT; Take your rule. A Certiorari may be dismissed at any term, for the want of due prosecution.

Certiorari dismissed.

WILLIAM CASTLE v. HORATIO N, CARR.

ON FOREIGN ATTACHMENT.

Matter of Practice.

Stock of an incorporated company, may be sold by auditors, in attachment.

Samuel Cassedy, attorney for the plaintiff, stated to the Court, that the property attached is that of a corporate body. That he

DANSER V. BOYLE.

had looked into the attachment law, with a view to learn how to obtain the stock or the proceeds thereof; and that a proceeding by scire facias, did not appear to be the mode, because stock could not be sold by execution. And he moved for an order on the auditors to sell the same.

BY THE COURT. Take the order to sell the stock.

Rule ordered.

THOMAS v. KITCHEN.

On Certiorari to Court of small causes.

Scofield, moved for a reversal of this judgment, for want of evidence to support it. The only authority was a letter from the defendant.

A letter is not judicial evidence.

BY THE COURT, Let the judgment be

Reversed.

DANSER v. BOYLE.

On Certiorari to Common Pleas on Appeal.

G. Cassedy, moved for a reversal of this judgment, for the defects of the state of demand. A part of the charge was this, "due

ANONYMOUS.

on contract on exchange of horses, as difference thirty dollars." J. Miller, contra, cited Penn. R. 386, Seely v. Myres; 2 Ib. 558, Cole v. Williams.

Cassedy, in reply, cited 3 Halst. 57; 5 Ib. 233.

BY THE COURT. That part of the demand charging for exchange of horses, should not be stated as matter of book account, as it is here: but should be specially set forth.

This defect is not cured by its being mingled with a correct charge of the book account.

DAYTON, J. This charge could not be pleaded in bar of another suit.

Judgment reversed.

Matter of Practice.

ANONYMOUS.

A declaration was filed, to which, a plea was also filed in the name of William Pennington, after he was sworn into office as Governor. On serving on him, a notice of trial, he denied being the defendant's attorney.

On motion of Mr. Hays, attorney of the plaintiff, it was ordered that on filing affidavit of defendant's non-residence, (he lives in Alabama) and putting up in the clerk's office, a notice that he file a plea &c. and on his failing to do so; that the plaintiff may proceed in the cause.

Rule granted.