
    [*] MATTER OF HIGHWAY.
    On an application to appoint surveyors of the highway, Ewing objected to the appointment of one of the surveyors of the town through which the road run; and offered to read an affidavit to prove that the surveyor whom he objected to, had given an opinion as to the propriety of laying the road.
   [690]

By the Court.

The act of Assembly makes it the duty of the court to appoint the surveyors of the town through which the road runs, one case excepted; and that is not this case.

Objection overruled. ■  