
    Commonwealth versus John Cumings & Al
    The Court of Sessions must adjudge a way petitioned for to be of common convenience and necessity previously to the laying it out
    
      Dana for the commonwealth.
    
      Bigelow for the respondents.
   This was also a certiorari brought to quash the proceedings of the Sessions respecting the laying out of a highway in Tyngshorough, in this county. Sundry objections were made to the record, one of which was, that it does not appear that the Sessions adjudged the way to be “of common convenience or necessity” previously to the laying it out; and for this the

Proceedings were quashed. 
      
      
         Commonwealth vs. Egremont, 6 Mass Rep. 491.— Commonwealth vs. Sawin & Al. 2 Pick. 547.
     