
    THE STATE v. JOSIAH HART AND OTHERS.
    On Certiorari to the Hunterdon Pleas. In matter of Road.
    
      H. W. Green, for Plaintiff.
    
      Wurts, for Defendant.
    
      The reasons principally relied on for setting aside the return of the road &c. are
    1. That the Surveyors were not duly qualified, and
    2. That the ending point of the road is not designated with sufficient certainty in the petition.
    The oath of two of the Surveyors by whom the road was laid out, is as follows:
    COPY.
    1, Peter Howell, do solmly and sincerely promise and swear, that I will in all things, to the best of my knowledge and understanding, well, justly and faithfully execute the office of a Surveyor of the Highways, in the township of Hopewell, in the county of Hunterdon, without favor or partiality.
    PETER HOWELL.
    Sworn and Subscribed, &c.
    The concluding part of the petition, which contains all that is material in' support of the last objection, is as follows:
    
      “ thence across lands of said Bake to lands of Josiah Hart and over his lands to land again of said Bake and over his land to land of Josiah Hart, and over his land to land of Joseph S. Hart and over his land to the Harberton road and there to end.”
    
      Mr. Green, contended.
    1. The Surveyor’s oath is defective, State v. Davis, 1 Green, 10; State v. Ayres, 3 Ib. 479.
    2. The Petition is defective. Griscom v. Gilmore, 1 Harr. 105 ; Ibid. 391.
    
      Wurts, contra.
    
   By the Court.

The objections are fully sustained by the cases cited. Let the return be set aside and vacated.

Deturn set aside.

Cited in State v. Northrup, 3 Harr. 276.  