Opinion
Opinion filed January 18, 1928.
Town Division Lines — Proceedings to Locate.
Vote by town under G.L. 4066 to cause division line to be "resurveyed" instead of to be "located," where statute uses word "locate," held equivalent to vote to have line "located," in view of the meaning of "locate," and to give Supreme Court jurisdiction of petition under G.L. 4067 to appoint commissioners to locate line.
PETITION to Supreme Court for Chittenden County, by town of Underhill, under G.L. 4067, to have commissioners appointed to locate division line between petitioner and the adjoining town of Jericho. The latter town raised the question of the court's jurisdiction in the matter, in view of the vote taken by the petitioner. Commissioners appointed.
Guy M. Page for the Town of Underhill.
Allen Martin for the Town of Jericho.
Present: WATSON, C.J., POWERS, SLACK, MOULTON, and CHASE, JJ.
The parties are adjoining towns. They have been unable to agree as to the location of the division line between them, and the town of Underhill has brought its petition to this Court to have commissioners appointed in accordance with the provisions of G.L. Sec. 4067 to locate the line.
Otherwise than by doubting the jurisdiction of the Court, the defendant does not oppose the granting of the prayer of the petition. This doubt is based on the admitted fact that, in attempting to proceed under G.L. Sec. 4066, the town of Underhill voted to cause the division line to be "resurveyed" instead of to be "located." "Locate" is the word used in the statute.
The question presented is simply whether the vote taken is equivalent to a vote to have the line located. We think it is. The first definition of the word "locate" given in Bouvier's Law Dictionary, Rawle's Third Revision, is "to ascertain the place in which something belongs, as to locate the calls in a deed or survey." The word "resurvey" as used in the vote taken obviously means to locate the calls in whatever deeds, charters, grants, or surveys are material and relevant to the matter in dispute. Consequently, we have jurisdiction.
The parties have submitted an agreed statement of facts containing the names of three men whom they recommend for appointment as commissioners provided the court can act. These men will be appointed.