Fisher and others, Exceptants, v. Allen and others, Applicants. In the matter of a road laid out in the counties of Monmouth and Middlesex, under an appointment of this Court

By the Court.

The subscribing of the oath is an indispensable requisite. Wherever the statute, as in the 19th,. 20th and 22ci Sections, Rev. Laws 343, speaks of the taking-of the oath, the subscribing of it is always mentioned ; and in the 21 st Section it is enacted that if the officer shall not take and subscribe such oath, &c., such neglect shall be deemed a refusal to serve in the office. Let the return be quashed.