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sioners to give owner


of their meeting.

§ 464. Before the commissioners proceed to lay Commis out the highway, they shall cause at least three days' notice, in writing, to be given to the occupant of the land through which it is to run, of the time and place of their meeting to decide on the application. The notice is to be served upon the occupant personally, or in his absence by leaving it at his residence.

1 R. S., 1042, § 74.

commis sioners.

§ 465. At the meeting the commissioners shall Action of hear any reasons that are offered for or against the application. If they determine for it, they shall make an order accordingly, describing the highway so laid out, particularly, by bounds, courses and distances, and deposit it with the town clerk.

Ib., 1042, § 75.

§ 466. The commissioners have power to adjust, Ascertain by agreement with any owner, the amount of his damages for the land taken, if such amount do not exceed one hundred dollars. The agreement, or the owner's release of all claim to damages, shall be filed in the town clerk's office, and shall be conclusive against any further claim by him for damages. If such agreement or release is not made the damages shall be ascertained in the mode prescribed by the CODE OF CIVIL PROCEDURE for assessing damages for private property taken for public use.

1 R. S., 1042, § 76, and Laws of 1857, ch. 491, as amended
by Laws of 1858, ch. 51.

Roads, &c., across rail


Duty of railway corporation.


of damages and expenses.

§ 467. The authorities of any city, village or town who are by law empowered to lay out streets or highways, may lay out any street or highway across the track of the railway of any corporation formed since the 20th day of March, 1853, without compensation to the corporation; but such street. or highway shall not be actually opened for use until thirty days after notice of such laying out has been served personally upon the president, vice-president, treasurer or a director of such corporation.

Laws of 1853, ch. 62, p. 86, § 1.

§ 468. Immediately after the service of such notice the corporation shall cause the street or highway to be taken across their track, as shall be most convenient and useful for public travel, and shall cause all necessary embankments, excavation and other work to be done on their road, under the penalty of twenty dollars for every day's neglect after the thirty days, to be recovered by the officers laying out such street or highway, and to be expended on the same; but the time may be extended, not more than thirty days, by the county judge of the county, if, in his opinion, the work cannot be performed within that time.

Ib., ch. 62, p. 86, § 3.

§ 469. The amount of damages ascertained upon the laying out of any highway, together with the expenses incurred therein, shall be laid by the

supervisor of the town before the board of supervisors, who shall cause the same to be levied and collected in the town, and paid to the commissioners of highways, by whom the damages shall be paid and the residue applied to the expenses.

1 R. S., 1045, § 86.

§ 470. In case of roads extending or proposed to be extended from one town into another, whether in the same or different counties, if the commissioners disagree, they shall all meet together, at the request of either, and make their determination thereon.

Ib., § 89.

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upon a town


§ 471. A highway laid out along a town line or a Highway part thereof shall be laid out by two or more of the commissioners of each town, and either upon the line or as near upon either side as convenient. They shall at the time divide such highway into districts, and allot the same in such manner as to divide equally between the towns the burden of opening and maintaining it; and the like division shall be made of the burden of highways already laid out along town lines. They shall cause such highway and its division and allotment to be recorded in the town clerk's office of each town, and each district shall be considered to belong wholly to the town to which it is allotted.

Ib., § 90 to 93.

Width of roads.

Discontinuing useless



abandoned road.

Papers to be filed.

Appeals may be

taken from

the order of

§ 472. All highways hereafter laid out shall be not less than three rods wide.

1 R. S., 1047, § 99.

§ 473. Upon application for the discontinuance of an old highway as useless, the commissioners. shall summon twelve disinterested residents of the town to meet on a day certain and consider the application. When met, they shall be sworn well and truly to examine and certify as to the propriety of the discontinuance. They shall then proceed to view the road, and if of opinion that it is useless, shall make a certificate to that effect and deliver it to the commissioners, who shall thereupon proceed to decide upon the application.

Ib., §§ 100, 101.

§ 474. Whenever a highway, or any part thereof, is abandoned by the public, the commissioners shall file in the town clerk's office of the town a description in writing, signed by them, of the highway so abandoned, and the same shall thereupon be discontinued.

Laws of 1853, ch. 174, p. 310, § 15.

§ 475. It is the duty of the commissioners to file in the town clerk's office all papers relating to any proceeding for laying out, altering or discontinuing a highway, as soon as they have decided thereon.

1 R. S., 1047, § 102.

§ 476. Any person deeming himself aggrieved

the commis by the commissioners' decision upon any application


under this article, may, within sixty days after the filing of their order, as herein before prescribed, appeal therefrom to the county court of the county in which the highway or proposed route lies. An appeal by one person does not preclude an appeal by any other; but to the end that the decision may embrace the whole subject, the court to which the first appeal is taken has exclusive jurisdiction of all appeals from the same order, and shall take no proceedings upon any appeal till the time to appeal has expired.

1 R. S., 1047, 103, first clause; 1 R. S., 1st ed., 518, § 84, last clause, and § 85. By the Long Island act the town clerk is required to post notice of the commissioners' determination on the town-house door, and the time of appeal is to be computed from the time the notice was so posted. $ 45.


§ 477. The notice of appeal must be in writing, Notice of addressed to the court and signed by the appellant, and must state the ground of the appeal, and whether it is brought to reverse the whole order or some specified part thereof.

1 R. S., 1047, § 104.

ment and



§ 478. The county judge, or (if he is a resident Appoint in the town, or is interested, or of kin to any person tion of interested, in any lands to be taken, or is under disability for any cause) the special county judge, if there be one, or in case of any like disqualification on his part, then one of the justices of the

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