Lay Out

This has always been regarded as an appropriate expression for the location and establishment of a highway. 133 Mass. 329.

This term has come to be used technically in highway laws as embracing all the series of acts necessary to the com- 'plete establishment of a highway. Cone v. City of Hartford, 28 Conn. 363; Hitchcock V. Aldermen of Springdeld, 121 Mass. 382; Mansur v. County Com’rs, 83 Me. 514, 22 Atl. 358. See Small v. Eason, 33 N. C. 94.

This term has come to be used technically in highway laws as embrace ing all the series of acts necessary to the complete establishment of a highway. 28 Conn 375.

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.