¶1The District Court had no authority to adjudge costs against the petitioners. There is a provision, Stat. of 1847, c. 28, § 5, that if the judgment of the County Commissioners be affirmed, the appellants may be adjudged to pay costs arising after the appeal. But, in this case, the judgment of the County Commissioners was reversed, not affirmed. The discretionary power as to costs, given at the close of the section, extends only to allowances from the county treasury. The adjudication of the District Court, as to costs, was therefore erroneous, and the writ of certiorari must be granted. If it had been necessary to examine the point, it would perhaps be found that, as to town ways, no appeal to the District Court lies from the judgment of County Commissioners.
32 Me. 472
Jordan
Supreme Judicial Court of Maine
Decided April 15, 1851
Supreme Judicial Court of Maine · decided 1851-04-15
The petitioners wished a town road to be established, extending from a point in one town to a point in another town. Upon their application the selectmen of one of the towns located the part within its limits, but the town refused to ratify their doings. The selectmen of the other town declined to make any location. The petitioners then appealed to the County Commissioners, who ordered the road to be made in both of the towns.
Decided 1851-04-15