Proceedings to Lay Out or Alter Roads. through whose improved land the said highway is to pass for a part of the distance; the residue of said highway being through lands not inclosed, improved or cultivated. And the said commissioners have caused a survey thereof to be made, as follows: [here insert the description.] IN WITNESS WHEREOF, the undersigned commissioners of highways of said town have hereunto subscribed their names, this day of , 18. [Signatures of] Commissioners. 876. Application To Alter a Road, Where the Alteration Passes Through Land Not Improved, Inclosed or Cultivated, or Through such Land by the Consent of the Owner. To the commissioners of highways of the town of in the county We, the undersigned [names], residents of [or, liable to be assessed for highway labor in] said town, hereby apply to you to alter the highway [here designate what road, and insert a description of the proposed alteration by courses and distances, or by objects and boundaries, so as to render it sufficiently certain and definite]. The proposed alteration passes through lands which are not improved, inclosed or cultivated [or, passes through the improved land of who consents thereto by signing this petition]. [Date.] [Signatures.] 877. Order of the Commissioners To Alter a Highway. [As in Form 875 to the t, continuing thus:] upon the application and by the consent of through whose land the alteration hereafter described is to be made, that the highway [designating it, and stating the alteration— e. g., thus:] leading from the house of to the house of in said town, be altered according to the following survey, which the commissioners have caused to be made thereof to wit: The centre line of the road as altered is to begin at the centre of the present highway, opposite and to run thence [etc., etc.], and that the said alteration be of the width of rods. IN WITNESS [etc., as in Form 875]. 878. Application to Lay out a Highway Through Improved Land, Without the Consent of the Owner. [As in Form 874 to the *, continuing thus:] to lay out a highway in said town, commencing at [here insert a description], which said highway will pass through the improved [or, inclosed, or, cultivated] lands of do not consent to the laying out of the same. who [Date.] [Signature.] 879. Notice of Application, and of the Meeting of Freeholders, when the Intended Highway is Through Improved or Cultivated Land. Notice is hereby given, that the undersigned has applied to the Commis Proceedings to Lay Out or Alter Roads. sioners of Highways of the town of in the county of for the laying out of a highway, commencing [here insert description], and which highway will pass through improved land of that on the day of of at [designating it]; and o'clock in the noon, at the house in said town, twelve freeholders, duly qualified for that purpose, will meet to examine the ground and premises, and to certify with respect to the necessity and propriety of such highway. [Date.] COUNTY OF A. B., of [Signature.] 880. Affidavit of Affixing the Notice of Application. notices in writing, of which the within is a copy, to be posted up at three of the most public places in said town, on the being at least six days before the time specified therein [Signature.] and day of for the meeting of the freeholders. SWORN [etc., as in Form 858]. 881. Oath of Freeholders.(a) You, and each of you, do solemnly swear, well and truly to examine and certify in regard to the necessity and propriety of the highway applied for through the land of and others. So help you God. WE, the undersigned, twelve freeholders of the said town, not interested in the lands through which the road described in the annexed notice is to be laid, nor of kin to any owner thereof, having appeared at the time and place specified in said notice, and having been duly sworn well and truly to examine and certify in regard to the necessity and propriety of the highway applied for; and having proceeded to and personally examined the route of such highway, and heard all reasons that were offered for and against laying out the same, hereby certify that we are of opinion that the highway applied for and described in the annexed notice, is necessary and proper. 883. Notice to be Given by the Commissioners to the Occupant of Land Through which the Road is to Run. (a) For other forms of oaths or affirmations, sce page 248, ante. Proceedings to Lay Out or Alter Roads. noon, at the house of in the town of the we, the undersigned, commissioners of highways of said town, will meet to decide on the application of A. B., for the laying out [as in application], twelve qualified freeholders, pursuant to the provisions of the statute, having certified that the road is necessary and proper. [Date.] [Signatures of] Commissioners.. 884. Order by the Commissioners Laying out a Road Through Improved Land. [As in Form 875 to the*, continuing thus:] upon the application of A. B., a resident in said town, and liable to be assessed to work on the highways therein, for the laying out of the highway hereafter described, and on the certificate of twelve reputable freeholders of said town, convened and duly sworn, after due public notice, as required by the statute, certifying that such highway is necessary and proper; and notice in writing, of at least three days, having been given in due form of law to occupants of the lands through which the highway hereafter described is to run, that the undersigned commissioners would meet at this time and place to decide on the application aforesaid, and the undersigned having heard all the reasons offered for and against laying out such highway, IT IS ORDERED, determined and certified that a public highway shall be, and the same hereby is laid out pursuant to said application, whereof a survey hath been made, and is as follows: [designating it, as in Farm 875]. WITNESS [etc., as in Form 875]. [Signatures of] Commissioners. 885. Order of Commissioners Refusing to Lay Out or Alter a Highway. [As in Form 875 to the t, continuing thus:] that the application of A. B., dated the day of for the laying out [or, altering] of the highway therein mentioned, be, and the same hereby is denied. WITNESS [etc., as in Form 875]. of 886. Agreement as to Damages. It is hereby agreed between the commissioners of highways of the town of the one part, and Y. Z., of the other part, that the damages sustained by the said Y. Z., by reason of the laying out and opening of a highway through the lands of the said Y. Z., on the application of A. B. and others, by order of the commissioners, dated the be fixed and liquidated at the sum of WITNESS Our hands, this day of day of dollars. [Signatures of owner and of commissioners.] Proceedings to Lay Out or Alter Roads. 887. Release of Damages By the Owner. I DO hereby release to the People of the State of damages by reason of the laying out and opening of a highway through my by the commissioners of highways. lands in day of 18. [Signature and seal.] 888. Application to County Court to Appoint Commissioners to Assess To the County Court of Damages. County: The commissioners of highways of the town of by an order dated lows: [insert description.] in said county, having laid out a highway in said town, as fol Now, THEREFORE, we, the said commissioners, hereby apply to the said court to appoint commissioners to assess the damages occasioned by the laying out of said highway, pursuant to the statute in such case made and provided. [Date.] [Signatures of] Commissioners. 889. Order of Court Appointing Commissioners. At a term of the County Court of the county of house in the city of asking the appointment of commissioners to assess the damages occasioned , County Judge. in said county, dated the day of 890. Notice to the Commissioners of Their Appointment, and of Meeting With Highway Commissioners to Assess Damages. To [names of commissioners]: Please take notice, that you have been duly appointed, by an order of the County Court, a copy of which is hereto annexed, commissioners to assess the damages sustained by reason of the altering [or, laying out and opening] the highway mentioned and described in said order; and you are hereby notified to meet with the undersigned commissioners of highways at in the town of I do solemnly swear [or, affirm] that I will support the Constitution of the United States, and the Constitution of the State of New York; and that I will faithfully discharge the duties of commissioner to assess the damages for laying out [or, altering] the highway in the town of in the county of , commencing at [briefly designating it], according to the best of my ability. [Signature.] 892. Oath to be Administered by the Commissioners to Witnesses.(b) You do solemnly swear, that the evidence you shall give touching the assessment of damages for the laying out [or, altering] the highway here in question, shall be the truth, the whole truth and nothing but the truth. So help you God.. 893. Assessment by Commissioners. THE UNDERSIGNED having been appointed, by an order of the County Court of County, dated on the application of the commis in said county, commissioners to sioners of highways of the town of missioners, by an order dated as laid out by said highway com : Now, THEREFORE, the said commis sioners having been duly qualified, and having all met and acted on the this day of 18 , pursuant to a notice from said commissioners of highways, according 894. Notice for Reassessment where Party is Aggrieved. Considering myself [or, ourselves] aggrieved by the assessment of damages made by commissioners appointed by the County Court to assess damages occasioned by the laying out of a highway in the town of which said assessment was filed in the clerk's office of said town, on the 18 I [or, we] hereby demand a jury to reassess the said damages; and such jury will be drawn at the clerk's office of the town of day of in, said county, adjoining said town, on the day of 18 by the town clerk of said last-named town. [Date.] [Signature.] (b) For other forms of oaths, see page 22, ante. |