
    * Commonwealth versus Joseph Metcalf.
    Upon an application to the Sessions for the acceptance of a town-way, tile town must be notified before any proceedings are had.
    This was a certiorari to the Court of Sessions, for this county, brought to quash the proceedings of that court, in the acceptance of a town-way in the town of Orange, which had been laid out by the selectmen, and which the town had refused to approve and allow.
    Two errors are assigned, viz.: — 1st. It does not appear that the town ever had notice of the application made to the Sessions, or of any of their proceedings. 2d. The committee appointed by the Sessions do not certify that they gave notice to the town before they executed their commission.
    
      Leavitt, for the defendants,
    stated that, in fact, the committee did give seasonable notice to the town — that the town acted upon the notice, appointed agents, who appeared before the committee, and agaip at court, and employed counsel to oppose the acceptance of the report. Referring to the observation of Strong, J., in Lancaster 
      vs. Pope & Al., 
       wherein he compares committees of this kind to sheriffs, he moved for leave for the committee to come in and amend their return.
    
      Bliss. This is no answer to the first error.
    
      
       1 Mass. T. R. 89.
    
   Per Curiam.

The first error is fatal. The statute expressly requires the town to be made a party to the process before the appointment of a committee.

Proceedings quashed. 
      
      
         Commonwealth vs. Sheldon & Al. 3 Mass. Rep. 188.
     