This case presents an important question of practice. It appears by the petition that the error, to correct which it is claimed that a writ of certiorari ought to issue, was not in any matter apparent on the record, or in the course of the proceedings of the commissioners in giving notice to parties
In this case, as the commissioners did not proceed according to the course of the common law, and there is no mode provided by law for correcting the alleged error by means of an appeal, exceptions or otherwise, a writ of certiorari is the appropriate remedy to bring their proceedings before us. The ruling of which the petitioners complain was clearly erroneous, and injuriously affected their rights. The writ will therefore be issued, containing a precept to the commissioners to certify their record to this court, accompanied by a statement of the ruling made by them on the point set out in the petition. Dow v. True, 19 Maine, 46. Niblo v. Post, 25 Wend. 280. Leroy v. Mayor, &c., of New York, 20 Johns. 430.
