13 Minn. 129 | Minn. | 1868
By the Court To authorize the' Town Supervisors to alter or discontinue any road or lay out any new road under the provisions of Ch. 13 of the General Statutes, it is essential, we think, that they be petitioned thereto by not less than six legal voters residing within one mile of the road to be altered, discontinued or laid out, and that a copy of such petition shall have been posted up in three of the most public places of the town at least twenty days before any action is had in relation thereto. Genl. Stat., Ch. 13, Secs. 33-4-5, pp. 194-5 ; Commr's vs. Harper, 38 Ills., 104; Cosley et al. vs. Kennedy, 38 Ills., 145.
But what shall be sufficient evidence of the existence of these facts in a collateral proceeding ? The statute does not prescribe by what evidence these facts shall be established; they may therefore be proved by any competent evidence, by oral exparte testimony, or in any other mode ; nor does the statute require the preservation of the evidence by which the facts are proved; the proof therefore may never be reduced to writing. It will be seen that the only record required is the petition and the order of the supervisors, embracing the report of the surveyor and map of the survey. Genl. Stat., Ch. 13, Secs. 36-7, p. 195. Tet the facts necessary to author
The judgment appealed from is affirmed.