
    MATTER OF HIGHWAY.
    Exceptions to surveyors’ return, and rule for appointing freeholders, allowable in the Supreme Court at the same time.
    An order had been made, appointing surveyors to lay out a road; they had laid the road and made a return thereof to this term.
    
      Mr. M’lhaine, for the landholder,
    through whose [*] land the road was laid, moved for leave to file exceptions to the return of the surveyors; and in compliance with the late act of Assembly on the subject, he also moved for the appointment of freeholders to review the road, in case the exceptions to the proceedings of the surveyors should be adjudged by the court insufficient, the act requiring the application for the appointment of the chosen freeholders, to be made at the term to which the return of the surveyors should be made.
    
      Mr. Ewing, contra,
    opposed the motion, on the ground that the only authority to review the proceedings of the surveyors was by act of Assembly, vested in the chosen freeholders.
   By the Court.

The act of Assembly does not take away from this court its superintending authority over the proceedings of the applicants for the road, qr of the surveyors. The office of the chosen freeholders [515] is only intended to review the merits of the subject in controversy, and rejudge the propriety of laying out the road; both rules are proper.

Rule allowed.  