
    Commonwealth versus The Inhabitants of Stockbridge.
    A road located by the Sessions on the divisional line between two towns, so that part of it is in both towns through its whole course, was holden to be legally established ; and one of the towns was well indicted for neglecting to keep it in repair.
    The defendants were indicted for neglecting to open, make, maintain, and keep in repair, a certain highway, alleged to be in the said town, and to be incumbered with rocks, &c., so as to be impassable.
    By the facts stated in the case, on which the cause was referred to the determination of the Court, it appeared, that the road which was the subject of the indictment was located in such a manner that the divisional line between the towns of Lenox and Stockbridge div dcd it longitudinally or lengthwise, part of the road for the whole course of it lying in each of those towns.
    It was objected, that no authority was given by the statute for laying out a highway in this manner; and that mischiefs and inconveniences would perpetually arise, in attempting to repair a road so laid out.
    
      JWorton (Attorney-General), for the Commonwealth.
    
      Jones and Sherrill, for the defendants.
   * But it was determined by the Court, that such laying out was not void, it being within the discretionary authority of the Courts of Sessions ; and, if by them determined to be of common convenience and necessity, and the authority was rightfully exercised, the road was legally established.

It was objected, also, that the road described in the indictment varied from the road as laid out by the commissioners ; the indictment describing the road as in Stockbridge, whereas the road laid out was but partly in that town.

But the Court held this objection to be insufficient; the road being within the town of Stockbridge, to all legal intents, for the purpose of maintaining the indictment.  