In re Hanson

delivered the opinion of the Court. (After stating the facts,) by the Act of 1850, p. 97, s. 2, Courts of Sessions were authorized to establish public ferries. The fifth section of that Act limited the establishment of ferries to the distance of one mile from each other, “ Unless deemed important to the public convenience; or the situation of a town or village,' the crossing of a public highway, or the intervention of a creek or ravine, should render it necessary.” The Act of 29th April, 1851, p. 184, sec. 3, extends the previous limitation to the distance of two miles, but re-declares the exceptions in the same words..

The Court below of course considered the question of the limitation of distance, and the subjunctive exceptions of the statute. It does not appear by the facts stated in the petition, that either the Court of Sessions or the District Court exceeded their powers, and from all that appears to this Court, they “regularly pursued their authority.” The Court of Sessions exercised their discretionary power after the examination of witnesses; and the District Court did not exceed its powers in affirming the decision below. The exceptions made in the statute to the…