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Removal of encroachments.

Notice to occupant.



SECTION 505. Removal of encroachments.

506. Notice to occupant.

507. Penalty for neglect.

508. If the encroachment is denied, a jury to be summoned.
509. Trial of the encroachment.

510. Proceedings if an encroachment is found.
511. Proceedings if no encroachment is found.
512. Removal not to be required in the winter.
513. Removal by commissioners.

514. Gates across highways, when allowed.

515. Such gates to be at the occupant's expense.

516. Overseer to file statement of expenses and collect them.

517. Account of the gates and penalty for leaving open.

518. Penalties for injuries to highways.

519. Removal of fallen trees.

520. Penalty for unauthorized felling.

521. Notice on bridges, and penalty for disregarding.
522. Application of penalties.

§ 505. If a highway, duly laid out or erected, is encroached upon by fences, buildings or otherwise, the commissioners may, in their discretion, make an order in writing, and signed, requiring the encroachment to be removed from the highway.

1 R. S., 1050, § 121, first clause.

This provision is extended to include all obstructions.

§ 506. They shall give to the occupant of the land, or, if it be unoccupied, to the owner, if he reside in the town, written notice, to be served on him personally or by leaving it at his residence in his absence, specifying the breadth of the high


the place and extent of such encroachment,

and requiring him to remove the same within

sixty days.

1 R. S., 1050, § 121, second clause, and from § 122.


§ 507. Such person shall forfeit fifty cents for Penalty for every day after the expiration of the notice that the encroachment continues unremoved, unless the encroachment is denied, as hereinafter provided.

Ib.. § 122; Laws of 1858, ch. 260.

encroachment is

jury to be


§ 508. If the occupant or owner, within five If the days after the notice, answers, in writing,' denying denied, a the encroachment, one of the commissioners shall apply to any justice of the peace of the county, who shall issue a precept to any constable of the town, requiring him to summon twelve residents thereof to meet at a time and place specified, which shall be not less than four days from the issuing, to inquire into the premises. The constable shall give at least three days' notice of the time and place to the commissioners and the party denying the encroachment."

1 Lane v. Cory, 19 Barb., 537;
Laws of 1858, ch. 260.


1 R. S., 1050, § 123.

encroach. ment.

§ 509. At the time appointed the jury shall be Trial of the sworn by the justice well and truly to inquire whether any such encroachment has been made, and by whom. Witnesses Witnesses produced by either party shall be sworn, and the jury shall hear the proofs and allegations submitted.

1 R. S., 1051, § 124.


ings if an encroach. ment is found.

Proceed ings if no encroachment is found.


not to be

§ 510. If the jury find an encroachment they shall make and subscribe a certificate stating the particulars of it and by whom made, which shall be filed in the town clerk's office. Within sixty days of the filing the owner or occupant shall remove the encroachment whether made by him or not, under the penalty provided by section 507. He shall also pay the costs of the inquiry, and if they are not paid in ten days the justice shall issue a warrant therefor, as provided in section 448.

1 R. S., 1051, § 125.

§ 511. If the jury find no encroachment they shall so certify; and ascertain and certify the damages sustained in the proceeding by the occupant or owner, which, together with the costs, the commissioners shall pay, and the same shall be a charge in their favor against the town.

1 R. S., 1051, § 126.

§ 512. No person shall be required to remove required in encroachments, except between the first day of

Removal by


April and the first day of December ensuing, unless the same obstruct the free passage of the highway.

Ib., § 127. The last clause is new.

§ 513. If a person required under these provisions to remove an encroachment, shall not do so in due time, or if the owner is a non-resident of the town, and there is no occupant, the commis

sioners may cause it to be removed at his expense. Their charges therefor may be recovered as provided in section 448.

1 R. S., 1050, § 122; Laws of 1858, ch. 261, § 7.

§ 514. No gates shall be allowed on any public Gates

across highways, when

highway duly laid out, except on highways run- allowed. ning through lands liable to be overflowed in such manner as to remove the fences.

1 R. S., 1052, § 151.

515. Such gates shall be erected and main- Such gates

tained by the overseers of highways at the expense of the occupant or owner for whose benefit they are erected. If intermediate lands between any two such gates are severally occupied or owned by more than one person benefited, the whole expense shall be borne by all, in proportion to the extent of land each occupies or owns adjoining the highway between the gates.

Ib., § 132, 133.

§ 516. The overseer of the district shall annually, on or before the first day of November, make and file with the town clerk a statement, verified

by oath, of such expenses, stating the amount to be paid by each person, which amounts, within ten days after filing it, he shall demand of each such person. If any one neglects to pay within six days after demand, the overseer shall proceed to collect the same as provided in section 448.

Ib., 1052, § 135.

to be at the occupant's


Overseer to

file statement of


and collect them.

Account of

the gates

and penalty

§ 517. The commissioners of highways shall file

for leaving in the town clerk's office an account of such gates;


Penalties for injuries to highways

Removal of fallen trees.

Penalty for unautho

rized felling

and if any person passing such a gate leaves it open, or willfully and unnecessarily rides over ground adjoining the road on which such gate is erected he shall forfeit to the party injured treble damages. 1 R. S., 1052, § 136.

§ 518. Whoever obstructs or injures any highway, or obstructs or diverts any water-course thereon is liable to a penalty of ten dollars. Whoever removes or injures any mile-board or mile-stone or guide-post, or any inscription on such, erected upon any highway, is liable to a penalty of ten dollars for every offense, and is guilty of a misdemeanor.

Modified from Ib., 1055, §§ 155 to 157; 1053, § 141.

§ 519. Any person may give notice to the occupant or owner of any inclosed land, from which a tree is fallen upon a highway, to remove such tree within two days; and if it is not removed within that time the occupant or owner is liable to a penalty of fifty cents for every day thereafter till it is removed.

1 R. S., 1051, § 128.

§ 520. Whoever cuts down a tree on land not occupied by him, so that it falls into any highway, river or stream, unless by the occupant's consent, shall forfeit to such occupant one dollar for every

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