any, after completing said bridge, covering the same, and paying for the services of the said commissioners, shall be paid to the commissioners of highways of said town, to be applied in repairing the roads and bridges therein.

General

CHAP. 56.

AN ACT regulating Highways and Bridges in the Counties of Suffolk, Queens and Kings.

Passed February 23, 1830.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows: .

ARTICLE FIRST.

Of the officers entrusted with the care and superintendence of highways and bridges, and their general powers and duties.

$1. The commissioners of highways in the several towns powers and of the said counties, shall have the care and superintendence of the highways and bridges therein; and it shall be their duty,

duties of the

commissioners of highways.

1. To give directions for the repairing of the roads and bridges within their respective towns:

2. To regulate the roads, public landings, and watering places already laid out; and to alter such of them as they or a majority of them shall deem inconvenient :

3. To cause such roads used as highways as shall have been laid out but not sufficiently described, and such as were used as highways for twenty years or more next preceding the twenty-first day of March one thousand seven hundred and ninety-seven, and which shall have been worked and used as such constantly for the last six years, but not recorded, to be ascertained, described, and entered of record in the town clerk's office :

4.. To cause the highways, and bridges which are or may be erected over streams intersecting highways, to be kept in repair:

5. To divide their respective towns into so many road districts as they shall judge convenient, and describe and number the same by writing under their hands, to be lodged with the town clerk, and by him to be entered in the town book; such division to be made annually if they shall think it necessary, and in all cases when made, to be at least ten days before the annual town meeting:

6. To assign to each of the road districts such of the inhabitants liable to work on highways as they shall think proper, having regard to proximity of residence as much as may be: and,

7. To require the overseers of highways, from time to time, and as often as they shall deem it necessary, to w all persons assessed to work on highways, to come and work thereon with such implements, carriages, cattle or sleds, as the said commissioners.or any one of them shall direct.

S2. The commissioners of highways shall have power, in New roads. the manner and under the restriction hereinafter provided, to lay out on actual survey, such new roads in their respective towns as they may deem necessary and proper; and to discontinue such old roads and highways as shall appear to them, on the oath or affirmation of twelve freeholders of the same town, to have become unnecessary.

S3. The commissioners of highways of each town shall Accounts. render to the board of town auditors, at their annual meeting for auditing the accounts of town officers, an account in writing, stating,

1. The sums received by such commissioners for fines and commutations:

2. All other monies received under this act for any purpose whatsoever and,

necessary im

3. The manner in which the same shall have been expended. $ 4. The commissioners of highways of each town shall, Statement of whenever they shall deem it necessary, deliver to the super-provements. visor of such town a statement of the improvements necessary to be made on the roads and bridges, together with the probable expense thereof; which supervisor shall lay the same before the board of supervisors at their next meeting. The board of supervisors shall cause the amount so estimated to be assessed, levied and collected, in such town, in the same manner as other town charges; but the monies to be raised in any such town, shall not exceed, in any year, the sum of seventy-five dollars. $ 5. It shall be the duty of the commisssoners of highways Mile-boards of each town, to cause mile-boards or stones to be erected, where not already erected, on the post-roads, at the distance of one mile from each other, with such fair and legible inscriptions as they may think proper.

or stones.

S 6. It shall be the duty of the overseers of highways in each Duty of overtown,

1. To repair and keep in order the highways within the several districts for which they shall have respectively been elected :

2. To remove all obstructions from and out of such highways, as hereinafter provided:

seers as to

repairs, &c.

As to number

of days work assessed.

Penalty.

Additional jabor.

Scraper and plough.

Pay to

overseers.

Vacancies how filled.

3. To warn all persons assessed to work on the highways in their respective districts, to come and work thereon: and,

4. To collect all fines and commutation money, and to execute all lawful orders of the commissioners.

$7. It shall be the duty of the overseers of highways, to cause the number of days work assessed for their respective districts, to be actually worked therein during the year for which the assessment shall be made; but this provision shall not extend to a greater number of days work than twice the number of inhabitants assessed to work therein, unless the state of such road requires a greater amount of labor.

$8. Every overseer of highways who shall neglect or refuse to perform the duty required of him in the last preceding section, shall forfeit and pay the sum of ten dollars, to be sued for, recovered, and applied in the manner hereinafter directed.

S9. When the quantity of labor assessed on the inhabitants of any road district by the commissioners, shall be deemed insufficient by the overseer of such district to keep the roads therein in repair, it shall be the further duty of such overseer, with the assent of any two of the said commissioners, to make another assessment on the actual residents in such districts, in the same proportion, as near as may be, and not exceeding onethird of the number of days assessed in the same year by the commissioners on the inhabitants of such district; and the labor so assessed by an overseer, shall be performed or commuted for in like manner as if the same had been assessed by the commissioners of highways.

$10. The commissioners of highways, whenever they shall think it necessary or useful, may direct and empower any overseer of highways in their respective towns, to procure a good and sufficient iron or steel shod scraper and plough, or either of them, for the use of his road district; to be paid for by the monies arising from commuations and fines within such district.

$ 11. If any overseer of highways shall be employed more days in executing the several duties enjoined on him by this act, than he is assessed to work on the highways, he shall be paid' for the excess at the rate of fifty cents per day, provided such compensation shall not exceed the sum of five dollars in any one year; and he shall be allowed to retain the same out of any monies which may come into his hands for fines or commutations under this act; but such overseer shall not be permitted. to commute for the days he is assessed.

S 12. If any person, chosen to the office of overseer of highways, shall refuse to serve, or if his office shall become vacant, the commissioners of highways of the town shall, by warrant under their hands, appoint some other person in his stead; and

the overseer so appointed shall have the same powers, receive the same compensation, be subject to the same orders, perform the like duties, and be liable to the same penalties, as overseers chosen in town meeting.

$ 13. The commissioners making the appointment, shall warrant to cause such warrant to be forthwith filed in the office of the be filed. town clerk, who shall give notice to the person so appointed, as in other cases.

S14. Every overseer of highways who shall refuse or ne- Penalty. glect either,

1. To warn the people assessed to work on the highways, when he shall have been required so to do by the commissioners or either of them :

2. To collect the monies that may arise from fines or com mutations: or,

3. To perform any of the duties required by this act, or which may be enjoined on him by the commissioners of highways of his town, and for the omission of which a penalty is not herein provided:

Shall, for every such refusal or neglect, forfeit the sum of ten dollars, to be sued for by the commissioners of highways of the town; and when recovered, to be applied by them in making and improving the roads and bridges therein.

overseer.

$15. It shall be the duty of the commissioners of highways Complaint of each town, whenever any person resident in their town shall against make complaint that any overseer of highways in such town has refused or neglected to perform any of the duties enumerated in the last preceding section, and shall give or offer to such commissioners sufficient security to indemnify them against the costs which may be incurred in prosecuting for the penalty annexed to such refusal or neglect, forthwith to prosecute such overseer for the offence complained of.

$16. If such commissioners of highways shall refuse or Penalty. neglect to prosecute for such penalty, they shall, in every such case, forfeit the sum of ten dollars, to be recovered by the person who shall have made such complaint, and given or offered such security.

ARTICLE SECOND.

Of the persons liable to work on highways, and the making

of assessment therefor.

to work on road

$ 17. Every taxable inhabitant of the town, and every male Persons liable inhabitant above the age of twenty-one years, residing in the town when the assessment is made, shall be assessed to work on the public highways in such town, excepting such persons as shall work a private district, or persons exempted as hereinafter mentioned.

Meeting of commission

ers.

List of per

sons.

Highway labor.

How estimat

ed and assessed.

Names left out to be added.

Overseers to give notice.

$18. The commissioners of highways of each town shall meet, within eighteen days after they shall have been chosen, at the place of town-meeting, on such day as they shall agree upon, and afterwards at such other times and places as they shall think proper.

$ 19. Each of the overseers of highways shall deliver to one of the commissioners of highways of the town, within sixteen days after his election or appointment, a list, subscribed by such overseer, of the names of all inhabitants in his road district who are liable to work on the highways.

$ 20. The commissioners of highways in each town shall proceed, at their next meeting, or at some subsequent meeting, to ascertain, estimate, and assess the highway labor to be performed in their town the then ensuing year.

$21. In making such estimate and assessment, the commissioners shall proceed as follows:

1. The whole number of days work to be assessed in each year shall be ascertained, and shall be at least twice the number of inhabitants assessed to work on highways in such town.

2. Every male inhabitant being above the age of twenty-one years, (except ministers of the gospel and priests of every denomination, paupers, idiots and lunatics,) shall be assessed at least one day.

3. The residue of such days work shall be apportioned upon the estate, real and personal, of every inhabitant of such town, as the same shall appear by the last assessment roll of the town; provided that no person shall be assessed to work more than thirty days in any one year.

4. The commissioners shall affix to the name of each person named in the lists furnished by the overseers, the number of days which such persons shall be assessed for highway labor as herein directed; and the commissioners shall subscribe such lists, and deliver them to the overseers of highways of the several districts respectively.

22. The names of persons left out of any such list, and of new inhabitants, shall from time to time be added to the several lists; and they shall be rated by the overseers, in proportion to their real and personal estate, to work on the highways, as others rated by the commissioners on such list, subject to an appeal to the commissioners.

ARTICLE THIRD.

Of the duties of overseers in regard to the performance of labor upon highways, and of the performance of such labor or the commutation therefor.

S 23. It shall be the duty of the overseers of highways to give at least twenty-four hours' notice, either verbally or by