
    
      No. 2.
    FISHER against BEEKER.
    
      Rutland,
    
    1816.
   UNDER the Statute authorising commissioners to lay out turnpike roads, and to set over old road, if old road, in the opinion of the Select men, may be discontinued ; it was held, if it does not appear from the doings of commissioners, as re-cordad, or from some official act of Select men, in writing, that the Select men had expressed their opinion; the setting over was irregular and void. That the opinion of the Select men could not be shewn by parol.  