
    THE STATE v. JOHN BARNES.
    'The return of a road will be set aside, if it appear that the surveyors of the highways have not taken and subscribed the oath of office in the manner prescribed by law.
    This was a certiorari directed to the Court of Common Pleas of the county of Warren, removing into this court the proceedings and return of surveyors of the highways, in a matter of ■road. On the return of the writ of certiorari, the defendant, John Barnes, obtained a rule to take affidavits, from which it .appeared, that John C. Labaw and Andrew Van Campen, esquires, were elected surveyors of the highways, for the township of Pahaquarry, for the year 1830; that they took the oath of office; John C. Labaw before Andrew Van Campen, esquire, one of the justices of the peace of the county of Warren, and Andrew Yan Campen, esquire, before William Hill, the assessor of said township, there being no other justice, beside said Van Campen in said township The oath was not subscribed by them, nor was it filed with the town clerk, but their names were entered in the town book, as surveyors of the highways, and opposite their names was written the word, “ sworn.”
    
      W. C. Morris and Saxton
    
    moved to set aside the proceedings1, and quash the return of the surveyors, because they had not taken and subscribed the oath of office, prescribed by law, nor filed the same with the clerk of the township, and cited 1 Souths 398, and The State v. Davis and others, page 10 of this volume..
   By the Court.

The return and proceedings of the surveyors must be set aside. It is manifest, that the persons elected surveyors of the highways, never took and subscribed the oath of office, prescribed by law, and without this they were not authorized to act.  