The opinion of the Court was drawn up by
The petition, under which the respondents undertook to locate and establish the way in question, represented that the public highway, as traveled from Raymond and other towns mentioned, and the Northern parts of New Hampshire, through those towns to the city of Portland, was subject to great complaint on account of certain hills in Windham, especially Windham hill, so called; and the petitioners pray that а new road, commencing at some point on the present traveled road, near Abraham Anderson’s in Windham, and passing on in the most convenient and practiсable route, easterly of Windham hill, and intersecting the present traveled roаd at some point in the vicinity of the lower corner of said Windham (being wholly in said town оf Windham) may be located and opened. After the usual proceedings, the County Commissioners adjudged the road to be of common convenience and nеcessity ; and the record particularly describes the courses and distancеs of the same, which was located accordingly.
The application now before us is for a writ of certiorari to bring the records of the proceedings of the County Commissioners, touching the road in question, before this Court, and
In common parlance the term “ road” is a generic term, comprehending “ county roads,” “ town roads,” “ turnpikes,” “ private ways” and perhaps others; and to determine what kind of a way is sought to be located, it is proper to look at the wholе petition together. No particular words or form of words are required by the stаtute in such application, and the greatest technical accuracy and precision is not to be expected. Neither is it necessary that those who are authorized to judge of the necessity and convenience of wаys should use technical terms in their adjudication and location, provided their intеntion is manifest, and they have jurisdiction of the subject; this jurisdiction does not fail becаuse the word “ road” instead of “ highway” is used in the petition or the record;
If the way prayed for, was one which the County Commissioners were authorized on a proрer petition to lay out and establish, the language used in this petition was sufficient tо empower them to act.
Another ground relied upon, to entitle the present petitioners to the writ prayed for, is, that the way was not located acсording to the prayer of the petition to the County Commissioners. It is not necessаry that the Commissioners should describe the way located in the same language usеd in the petition, provided there is a substantial compliance therewith. Where the road in the petition is indicated by general terms, and when it is not undertaken therein to point out the exact route, the description in the petition alone would show no location, which could be afterwards found. The petition under which thе Commissioners acted in this case does not point out precisely either terminus or the courses and distances in the route. The record shows that the road prayed for, was adjudged to be of common necessity and convenience, аnd the Commissioners proceeded to locate “ the road.” There is
It is denied, that the County Commissioners hаve jurisdiction in a case where the way prayed for is wholly within the limits of one town. This question was before the Court in the case of Harkness v. Co. Commissioners of the county of Waldo, 26 Maine R. 355 ; and it was held that the statutes, construed according to well settled rules, conferred upon County Commissioners the jurisdictiоn exercised by the respondents in this case.
Other objections were presented, which are involved in the points, herein discussed, or not relied upon in the argument.
Writ denied and petition dismissed.