28 Mich. 362 | Mich. | 1873
This is a case of the laying out of a highway, and the proceedings are alleged to be void for various reasons, the most important of which is that they fail to show that the commissioners gave notice to the parties interested, as required by law.
■ The commissioners made and filed their return in this .case, but the return does not show who are the parties-¡through whose lands the proposed road is to run, nor does it set forth how notice was given, except by a general statement that they proceeded to lay out the road “after due notice given according to law.” We have already decided that this is not sufficient. — People v. Highway Commissioners of Nanlcin, 1J¡. Mich., 528. In eases of this nature, where public officers are proceeding summarily to deprive owners of their lands, jurisdictional facts must be distinctly shown, and are not to be made out by a general averment which amounts to no more than a statement that the law has-been complied with. The. record must show the. facts, so that we may see whether the law was complied with.or-no t.
The commissioners have endeavored to support their proceedings by an amendment, which consists in putting on file an affidavit made five months after their action was taken, showing that in fact notice was duly given by one of their number. Had the amendment shown that the
It can make no difference that one of the commissioners in this case had personal knowledge that the notices were given. His oral statement could not be proof to the others, and if it could, it would not be evidence to third persons, who are entitled, when such interests are involved, to have the facts placed upon record.
The proceedings must be quashed.