
    MATTER OF HIGHWAY.
    
      Certiorari allowed because surveyors were appointed in less than one year after a former decision.
    
      Ewing
    
    moved for the allowance of a certiorari to the Common Pleas of Burlington, in the case of a road. He contended, that as no chosen freeholders had been appointed, the clause in the road act prohibiting a certiorari, did not apply. The complaint'against the proceeding in the Common Pleas was,
    1st. That the court had erred in departing from the surveyor of the township through which the road run, without the cause provided for in the road act.
   But the court did not incline to allow the writ on that ground.

[757] He then contended, in the second place, that the court had proceeded to appoint surveyors before the expiration of a year from a former decision on the same road; and as there was strong evidence of that fact, the court on this ground,

Allowed the writ.  