
    Commonwealth versus John Merrick.
    The aying o it a townway by the selectmen must be recorded before it is offered to the town for acceptance.
    This was an indictment against the defendant for a nuisance in erecting a building on a certain townway in Hallowell, in this county Upon not guilty pleaded, there was a trial before Sew all J., at June term, 1806, and a verdict against the defendant, subject to the opinion of the Court on certain points which were to be reported by the judge; and if it should be the opinion of the Court that the indictment was maintained upon the several points stated in the report, then judgment was to be entered, and sentence awarded against the defendant pursuant to the verdict; but if the opinion of the Court should be otherwise, the verdict was to be set aside, a verdict of not guilty entered, and the defendant be discharged from the indictment.
    
      The Solicitor-General for the commonwealth.
    
      Wilde for the defendant.
   Upon the hearing at this term, sundry objections were taken to the laying out the way by the selectmen, and to the regularity of the town-meeting at which it was accepted ; but the point on which the question was determined was, that it did not appear, from any evidence, that the doings of the selectmen relating to the laying out the way had been recorded, which the Court held necessary; and for this cause the verdict was set aside, and a verdict of not guilty entered. 
      
      
         Vide Boston vs. Brazer, 11 Mass. Rep. 447. — Hinckley & Al. vs. Hastings, 2 Pick. 162. — Kean vs. Stetson, 5 Pick. 492. — Commonwealth vs. Low, 3 Pick. 408. — Commonwealth vs. Newbury, 2 Pick. 151.
     