
    MATTER OF HIGHWAY.
    Surveyors’ return must be brought in at first term after their appointment.
    
    
      Mr. Scott
    
    moved for the confirmation of a return of surveyors of the highway.
    [*]
    
      Mr. Ewing.
    
    The Act of Assembly has not been complied with; the return should have been made to the next court after the order made. This has not been done; but now at a subsequent tei’m it is brought in.
    
      Mr. Scott.
    
    The act is mez’ely directory to the surveyors. It is the duty of the surveyors, and not the applicants,.to make the return; the applicants ought not to suffer in a case where they have been guilty of no neglect; the return was not completed till the first day of the tez’m, and could not be conveniently returned last term.
    
      
       In 15 days after date. Rev. L. 661.
      
    
    
      
       See act of 3d December, 1807.
    
   Kirkpatrick, C. J.

Was disposed to consider the act directory only; and as there was a reasonable excuse, he was for confirming the road.

Rossell, J.

I am of opinion that the act must be strictly pursued; the operation of it is to take away a man’s freehold without his consent.

Pennington, J.

Concurred in opinion with Rossell, Justice, and added, that the landholders expected, in case the road was laid, to find the return the next term, and then oppose or appeal from it; but if the return was permitted to come in at a subsequent term, they might be surprised. Nor did he think the excuse sufficient; if the return was completed the first day of the term, as it must have been done either in Middlesex [493] or Monmouth, it might have been with great ease bi’ought in during the term. That it was the duty of the applicants to bring up the return; it was never expected that the surveyors of the highway were in their own persons, to bring into court their return.

Rule refused.  