63 Me. 102 | Me. | 1873
On application to the county commissioners to lay out a town road, in the nature of an appeal, founded on the alleged unreasonable neglect or refusal of the selectmen to lay it out, or the unreasonable refusal of the town to accept it, the unreasonableness of the neglect or refusal must be adjudged by the commissioners, and entered of record, as the foundation of their jurisdiction, or their proceedings will be quashed on certiorari. An adjudication that the way is of “common convenience and necessity” is not sufficient. So held in Pownal v. Co. Com., 8