Lay Out
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
The phrase laying out, as used in the Connecticut statute relating to highways, includes not, only the initiatory act of laying out the road by the selectmen, but also the acceptance of the survey by the town, and the recording thereof.
Wolcott V. Pond, 19 Com. 597.
The term laying out, in highway laws, has come to be used and understood as a technical word embracing all that series of acts which are made necessary to the complete establishment of a highway.
Cone v
City of Hartford, 28 Conn. 363. As used in Mass. Stat, of 1869, ch. 303, and 1871, ch.
382, § 1, " lay out" refers to the order to establish a highway, and does not include the grading.
Hitchcock v
Board of Aldermen of Springfield, 121 Mass. 382. "Lay out the road," or "lay off the road," imports that the jury should not only fix the course of the road as passing particular points, but also designate it after covered by the road, or specify its width.
Small V. Eason, 11 Ired. L. 94.