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Supervisors to assess arrearages by tax.


to render

account to the commissioners.

sixty-three cents for each day thereof, to be recov ered by the commissioners and expended on the highways of the town.

1 R. S., 1039, §§ 57, 58. Sixty-three cents is here substituted for sixty-two and a half. The clause including lands under care of executors, &c., is from the Long Island act, as amended 1857, ch. 181, § 8.

§ 453. The supervisor shall lay such return. before the board of supervisors, who shall, at their next meeting, cause the unpaid labor (estimated at sixty-three cents per day) to be levied on the lands returned, and to be collected like the contingent charges of the county, and shall order the same, when collected, to be paid to the commissioners of the town, to be expended on the district for whose benefit the labor was assessed.

1 R. S., 1039, §§ 59, 60.

§ 454. Every overseer shall, on the second Tuesday next preceding the time for the annual town meeting, within the year for which he is appointed or elected, render to one of the commissioners a written account, verified by his oath, which may be taken before one of the commissioners, containing:

1. The names of all persons assessed to work in his district;

2. The names of all who have actually worked, and the number of days they have done so;

3. The names of all who have been fined, and the sums in which they were fined;

4. The names of all who have commuted, and the manner in which he has expended the fines and commutations;


5. A list of all lands returned to the supervisor for non-payment, and the amount of tax on each parcel.

1 R. S., 1039, § 61.

And pay

over moneys

§ 455. At the same time the overseer shall pay to the commissioner all moneys remaining in his unexpended hands unexpended, to be applied by the commissioners upon the highways of the town.

Ib., 1040, § 62.

§ 456. Every overseer who neglects to make the return to the commissioner, or, making it, neglects to pay over the balance, shall forfeit five dollars, to be recovered, with the balance, by the commissioners; and it is the duty of the commissioners to prosecute for such a penalty in every instance in which no return is made.

Ib., § 63.

Penalty for pay over.

failure to return or

Who may apply for change.



SECTION 457. Who may apply for change.

458. A survey to be recorded and notice given.

459. Road through orchards, gardens, buildings and yards.

460. Road through inclosed or improved land.

461. Applicant to give notice of route and of meeting of examiners.

462. Qualification of the examiners.

463. Action of the examiners.

464. Commissioners to give owner notice of their meeting. 465. Action of commissioners.

466. Ascertaining damages.

467. Roads, &c., across railways.

468. Duty of railway corporation.

469. Collection of damages and expenses.

470. Disagreement between commissioners of different towns.

471. Highway upon a town line.

472. Width of roads.

473. Discontinuing useless roads.

474. Discontinuing abandoned road.

475. Papers to be filed.

476. Appeals may be taken from the order of the commissioners. 477. Notice of appeal.

478. Appointment and qualification of referees.

479. Filling vacancies; orders of appointment.

480. Powers and compensation of referees.

481. Notice of hearing to be given to commissioners and applicants.

482. Decision of the referees.

483. Duty of the commissioners.

484. Notice to owner to remove fences.

485. Width of certain roads.

486. Reference to local provisions.

§ 457. Any person liable to be assessed in any town, either as owner or as resident therein, may make application in writing, signed by him and addressed to the commissioners, to alter or discontinue any road, or lay out any new road therein.

1 R. S., 1141, § 66; and see The People, ex rel. Wait, v. Eggleston, 13 How. Pr. R., 123.

and notice

458. In all cases of laying out, altering or A survey to discontinuing a road, the commissioners shall cause given. a survey of the same to be made, and incorporate it in an order, signed by them and filed and recorded in the office of the town clerk, who shall note thereon the time of recording it, and at the time of receiving it post a copy of such order upon the outer door of the town-house.

1 R. S., 1041, § 67, and first clause of § 68.



buildings and yards.

§ 459. No public or private road shall, without Roads the consent of the owner and occupant, be laid gardens, out through any orchard of four years' growth, nor through any garden four years cultivated, nor through any buildings, nor through any fixtures or erections for the purposes of trade or manufacture, nor through any yard or inclosure necessary to the use or enjoyment of such buildings, fixtures or erections. But this section does not apply to orchards and gardens in the counties of Westchester and Putnam.

1 R. S., 1041, § 69; Ex parte Clapper, 3 Hill, 458; Laws of 1834, ch. 300. By the Long Island act, gardens and orchards are not protected thus, unless of the growth or cultivation of ten years, instead of four.

through inclosed or

§ 460. No highway shall be laid out through Road any inclosed or improved land without consent of improved the owner and occupant, unless certified to be


Applicant to give

notice of

of exami


necessary by twelve reputable residents of the town, in manner following:

From 1 R. S., 1041, § 70, and Laws of 1830, ch. 225.

§ 461. Every applicant for a highway through route, and any such land must post notices at three of the most public places of the town, specifying, as near as may be, the route proposed, the several tracts of land through which the same is proposed to be laid, and the time and place at which the residents will meet to examine the ground. The notice must be posted at least six days before the time specified for the meeting.

Qualifica tion of the examiners.

Action of the exami


1 R. S., 1041, § 71.

§ 462. If twelve reputable residents of the town, not interested in the lands through which the highway is to be laid, nor of kin to the owner thereof, appear at the time and place specified, they shall be sworn, by any officer authorized to administer oaths, well and truly to examine and certify as to the propriety and necessity of the highway applied for. 1 R. S., 1042, § 72.

§ 463. They shall then personally examine the route, and hear any reasons that are offered for or against the laying out of the highway. If they are of opinion that such highway is proper or necessary, they shall make a certificate to that effect, and deliver it to the commissioners.

1 R. S., 1042, § 73.

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