
    Barak O. White v. Charles D. Carlisle, Highway Commissioner of the Township of Leonidas.
    
      Highways — Encroachment—Duties of commissioner.
    
    
      Mandamus will not lie to compel a highway commissioner to institute proceedings under How. Stat. § 1371 et seq., at the instance of a private person, to remove an alleged encroachment upon a highway, when the commissioner believes, after an honest inquiry, that no unlawful encroachment exists.
    . Mandamus.
    
    Argued April 5, 1893.
    Denied April 7, 1893.
    
      Eelator applied for mandamus to compel respondent to institute proceedings to remove an alleged encroachment upon a highway. Eespondent returned that, after a full investigation, he did not believe that any such encroachment existed.
    
      Howell, Carr & Barnard, for relator.
    
      H. P. Stewart, for respondent.
   Per Curiam.

The writ is denied, with costs, upon the ground that the statute gives a public remédy, and was not designed to make it the duty of the commissioner to institute proceedings, at the instance of a private person, when the commissioner believes, after an honest inquiry, that no unlawful encroachment upon the highway exists.  