
    THE PEOPLE ex rel. ASA FOOTE v. RALPH S. DEWEY.
    
      Venae viewers—question of jurisdiction only, considered on certioi-ari—presumption against jurisdiction, net indulged—proportion of fence to he maintained hy each, party.
    
    The provisions of the Bevised Statutes  make the decision of the fence viewers final, and, on certiorari, the court is restricted to the consideration of the question of jurisdiction, and will not presume facts to exist, which take away their jurisdiction. The law  does not require each party to build one-half the fence, but a “ just and equal proportion of the division fence; ” 
       that is, just and equal with reference to the cost of construction and maintenance.
    Certiorari to the fence viewers and town clerk of the town of Sidney, Delaware county, to review proceedings for the decision of a line between relator and defendant Dewey.
    
      Belknap db Edson, for the relator.
    
      F. B. Arnold, for the defendant.
    
      
       1 R. S., 320, § 35.
    
    
      
       1 R. S., p. 353, as amended by chap. 540 of the Laws of 1866.
    
    
      
      
         Section 30, supra; see also sections 31, 32, 43.
    
   Opinion by Boardman, J.

Present—Miller, P. J., Boardman and James, JJ.

Proceedings affirmed, with costs.  