
    Commonwealth versus The Inhabitants of Egremont.
    The Court of Common Pleas, previous to the appointment of a committee to locate a way, must give notice to the towns in which the way lies, and adjudge it to be of common convenience and necessity.
    This was a certiorari to the Court of Common Pleas of this county, directing them to certify the record of the proceedings of the Sessions, in laying out and establishing a county road in the towns of Egremont and Sheffield, on the petition of Andrew Andrews 
      and others. It appears that, on presenting the petition, the Court of Sessions, without notifying or hearing the towns in which the proposed road was to be located, and without any adjudication that the way prayed for was of common convenience or necessity, appointed a committee of five freeholders, to locate the way; and on their report the way was established by the Court of Sessions.
   Per Curiam.

Egremont and Sheffield ought to have been notified to appear and show cause; and before the appointment of a locating committee, an adjudication ought to have * been made, that the way prayed for was of common [ * 492 ] convenience or necessity. No arguments can prevail to support proceedings manifestly against natural justice, and the provisions of the statute giving this jurisdiction to the Sessions.

jLet the proceedings be quashed.

Ives for the commonwealth.  