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Driver addicted to

injured. Where the whole breadth of a roadway is not worked, the center of the worked part is to be deemed the center of the highway. In time of snow, where there is a beaten track, the center of that is to be deemed the center of the highway. But this section does not apply to vehicles meeting cars running on rails or grooved tracks.

From 2 R. S., 104, § 1; 12 Barb., 613; 7 Wend., 185; 15

N. Y. R., 380.

666. No person shall employ, to drive any intoxication vehicle for the conveyance of passengers upon any public highway, a person addicted to drunkenness, under penalty of five dollars for every day such person shall have been in his employment. 2 R. S., 104, § 2.

Notice to

employer of


§ 667. If any driver, whilst actually employed doen in driving any such vehicle, is intoxicated to such a degree as to endanger the safety of his passengers, the owner, on receiving from any such passenger a written notice of the fact, verified by his oath, shall forthwith discharge such driver; and if he has such driver in his service within six months after such notice he incurs the like penalty.

Horses to be fastened

while stand


Ib., § 3.

§ 668. The driver of any vehicle, used to convey passengers, shall not leave the horses attached thereto, while passengers remain in the same, without first securely fastening the horses or placing the lines in the hands of some other person, so

as to prevent their running; under penalty of twenty dollars for each offense.

2 R. S., 105, § 5.

to be run.

§ 669. Every person driving any vehicle upon Horses not any road, with or without passengers, and permitting his horses to run upon any occasion whatever, is guilty of a misdemeanor.

Ib., § 4.

how recov ered.

§ 670. The penalties provided by the three Pena'tles, preceding sections are to be recovered by the district attorney of the county in which the offender resides, for the use of the poor. The court may allow a portion, not exceeding twenty-five dollars, of any recovered under section 666 or 667, to be retained by the district attorney, in addition to his costs. But any action for a penalty incurred. under section 668 must be commenced within six months.

Ib., 104, §§ 2, 3, 5.

§ 671. The owners of every vehicle, running or traveling upon any road for the conveyance of passengers, are liable, jointly and severally, for all damages to person or property done by any person in their employment as a driver, while driving such vehicle, whether done willfully or negligently or otherwise, in the same manner as such driver would be liable.

Ib., 105, § 6.

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§ 672. Nothing contained in the seven preceding Saving sections shall affect any law concerning hackney

clause as to city or dinances.

Telegraph lines may be erected.

Protection of bridges.

Canal and railway companies

coaches or carriages in any city, nor affect laws or ordinances of any city for the licensing or regulating such coaches or carriages.

2 R. S., 105, § 8.

§ 673. Incorporated telegraph companies, may construct their lines on any of the public ways and across any of the public waters of this state, in such manner as not to incommode the public use of such ways. But this is not to be construed to impair private rights, nor to authorize the construction of any bridge or similar erection.

Ib., 98, § 42; 1276, § 5.

§ 674. The owner of any toll-bridge, and any plank road company owning a bridge of not less than twenty-five feet span, may put up, conspicuously, at each end of it, notice in these words, in large characters: "One dollar fine for riding or driving on this bridge faster than a walk;" and whoever rides or drives faster than a walk on such bridge shall forfeit to the owner the sum of one dollar.

1 R. S., 1053, § 145; Laws of 1854, ch. 87, § 5.

§ 675. Every canal company and railway com

to furnish pany in this state, which asks the aid of the state,

maps, &c.

shall, so far as may be in their power without making a new survey, furnish to the state engineer and surveyor copies of all maps, plans, drawings, levels and surveys of every description which may. be made in connection with the construction of their canal or railway.

Ib., 401, § 9.



CHAPTER I. Weights and measures.

II. Money.

III. Time.

IV. Auctions.

V. Peddling.

VI. Drugs.

VII. Fires.

VIII. Fishing and hunting.

IX. Racing.

X. Prize and game fighting, and gaming.

XI. Licenses.

XII. Inns.

XIII, Unclaimed property.

XIV. Registry of births, marriages and deaths.

XV. Sepulture.

XVI. Dissection.

XVII. Observance of Sunday.
XVIII. Willful mischief.

The provisions respecting stock-jobbing we have wholly omitted. By the act of 1858 (Laws of 1858, ch. 134, p. 251) the provisions of the Revised Statutes on this subject were repealed. The first section of that act declared that no contract for the transfer of stock, &c., should be voidable for want of consideration. The object of the act seems to be, not to make that which is a nude pact binding as a contract; but rather to place contracts for sale of stocks on the same basis as other contracts in this respect. This object is best answered by omitting all provisions in reference to such contracts; which we have accordingly done.



SECTION 676. The standards.

The standards.

677. The unit of extension.

678. Divisions of the yard.

679. The rod, the mile and the chain.

680. The acre.

681. The unit of weight.

682. Divisions of the pound.

683. Unit of liquid measures.

684. The barrel and the hogshead.

685. Unit of solid measures.

686. Divisions of the half-bushel.

687. Measures of capacity for commodities sold by heap


688. Heap measure.

689. Contracts construed accordingly.

690. Weight of bushels of various products.

691. Duty of the state superintendent of weights and mea


692. State superintendent may contract for construction of


693. Verification and transmission of standards.

694. Cost of standards, &c., to be borne by the county.

695. Copies of standards.

696. Duty of the county sealer.

697. Duty of the town sealer.

698. Supervisors to procure town standards.

699. Marks upon the standards.

700. Sealing weights and measures.

701. Sealer's fees.

702. Delivery of standards to successor in office.

703. False weights and measures.

704. False marks.

705. Surveyor's testimony.

The provisions of this chapter, except when otherwise indicated, are from 2 R. S., 2 to 6, as amended by Laws of 1857, ch. 560, and from Laws of 1854, ch. 326, and Laws of 1857, ch. 725.

§ 676. The standard weights and measures now in charge of the secretary of state, being the same

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