
    Fisher and others, Exceptants, v. Allen and others, Applicants. In the matter of a road laid out in the counties of Monmouth and Middlesex, under an appointment of this Court.
    Surveyors of the Highways must not only take but must subscribe the' oath of office required by the statute, or the return of a road by them laid out will be quashed.
    The oaths of office of three of the persons who were appointed and acted as surveyors of the highways in laying out this road had been taken and filed within the time-prescribed by law, but had not been subscribed by them. On this ground Wall made and Hamilton resisted an application to quash the return.
   By the Court.

The subscribing of the oath is an indispensable requisite. Wherever the statute, as in the 19th,. 20th and 22ci Sections, Rev. Laws 343, speaks of the taking-of the oath, the subscribing of it is always mentioned ; and in the 21 st Section it is enacted that if the officer shall not take and subscribe such oath, &c., such neglect shall be deemed a refusal to serve in the office.

Let the return be quashed.  