Assessment for Highway Labor. S$ 46-48 for highway labor therein, authorize not more than one-quarter of the highway labor of the district, or of the commutation money received therefor, to be expended under the direction of the overseer of highways of the district, in the construction, repairs and improvement of any sidewalks within the limits of the district, and may by writing signed by them, filed with the town clerk, authorize not more than one-fourth of the highway labor of the district, to be anticipated for not more than three years, for constructing, improving or repairing any such sidewalks; and thereupon any person or corporation, assessed for highway labor in the district, may, for such purpose, anticipate his or its assessment for highway labor for the term prescribed by the commissioners, and may perform such labor, under the direction of the overseer within such time, or commute therefor. § 46. Certificate of anticipation.-The overseer shall give to such person or corporation, upon the performance of such labor or commutation therefor, a certificate signed by him, showing the number of days labor so anticipated and worked, or commuted for by such person or corporation; and in each succeeding year, upon presentation of such certificate, the person or corporation shall be credited and allowed by the overseer of highways, with the performance of the number of days labor assessed for such year, until the credit shall equal the number of days stated in the certificate to have been anticipated, and shall indorse thereon a statement signed by him, showing the credit and allowance. § 47. Transfer of certificate.--Such certificate may be transferred to any grantee, upon a voluntary grant of the real property upon which such highway labor is assessable, and if such real property is transferred otherwise than by voluntary grant, it shall be deemed to have been transferred to the person succeeding thereto, and in the hands of any such transferee, it shall have the same effect as when held by the original owner. 848. Abatement of tax for watering trough.-The commissioners of highways shall annually abate three dollars from the highway tax of any inhabitant of a highway district, who shall construct on his own land therein, and keep in repair a watering trough beside the public highway, well supplied with fresh water, the surface of which shall be two or more feet above the level of the ground, and easily accessible for horses with vehicles; but the number of such watering troughs in the district, and their location, shall be designated by the commissioners. In a town in amd 1901 which the highways are worked or repaired by the money system of taxation, the commissioners of highways shall annually issue to each person to whom such an abatement is allowed, a certificate specifying the amount thereof. (As amended by chap. 227 of 1897, § 1.) § 49. System of taxation defined. The system of taxation for working and repairing highways, as hereinbefore provided, shall be known as "The Labor System of Taxation," and the system hereinafter provided, shall be known as "The Money System of Taxation.” 50. Town may change its system.- Any town may change its system of taxation for working and repairing its highways, by complying with the following provisions relating thereto. § 51. Vote thereon. Upon the written request of twenty-five taxpayers of any town, the electors thereof may, at a special or biennial town meeting vote by ballot upon the question of changing the system of taxation for working the highway; but no person residing in an incorporated village or city, exempted from the jurisdiction of commissioners of highways of the town, shall sign such request, or vote upon such question. (As amended by chap. 386 of 1895, § 1, and chap. 25 of 1900.) § 52. When change to take effect.-When a town shall have C.15o voted to change the system of working and repairing the highways, as herein provided, such change shall not take effect until the next annual meeting of the board of supervisors after the town meeting at which it was decided to make the change; and until such annual meeting of the board of supervisors the former system of repairing highways shall remain in force in such town. In each town of Westchester county such change shall be for a term not less than five years. (As amended by chap. 386 of 1895, § 1.) $53. Annual tax under money system; certain villages exHaos empt therefrom.-Any town voting in favor of the money system shall annually raise by tax, to be levied and collected the same as other town taxes, for the repair of the highways, an annual sum of money, which shall be equal to at least one-half the value at the commutation rates, of the highway labor which should be assessable under the labor system; but in any town in which there may be an incorporated village which forms a separate road district, and wherein the roads and streets are maintained at the expense of such village, all property within such village shall be exempt from the levy and collection of such tax for the repair of highways of such town; and the assessors of such town are hereby required to indicate on the assessment-roll the property included in such incorporated village, in a column separate from that containing a list of the property in the town not included in such village; and shall also place on the assessment-roll the names of all persons liable to poll-tax who are not residents of such village, and the board of supervisors are directed to levy a tax of one dollar on each person liable to poll-tax as thus indicated; but this act shall not apply to assessments made for damages and charges for laying out Assessment for highway labor. §§ 53a-54 or altering any road, or for erecting or repairing any bridge in such town. The amount of such tax shall be determined by the commissioners of highways and the town board who shall certify the same to the board of supervisors, the same as any other town charge. The clerk of the board of supervisors of each county containing a town which has voted for the money system shall, on or before the first day of January of each year transmit to the state comptroller a statement certified by him, and signed and verified by the chairman of such board, stating the name of each town so voting, and the amount of money tax levied therein for the repair of highways during the preceding year. The comptroller shall draw his warrant upon the state treasurer in favor of the treasurer of the county in which such town is situated, for an amount equal to twenty-five per centum of the amount so levied in each town. The county treasurer shall pay out the amount so paid to him on account of the money tax levied in any such town upon the order of the highway commissioner thereof, to be used by him, for the repair and permanent improvement of such highways therein, and in such manner as the commissioner of highways and town board may determine. The sum paid by the state to any town by virtue of this section shall not exceed, in any one year, one-tenth of one per centum of the taxable property of such town. (As amended by chap. 412 of 1893, § 1, and chap. 351 of 1898.) 853a. Duty of highway commissioners in certain towns.In towns where the money system of taxation has been adopted for working highways, it shall be the duty of each owner of lands situated along a highway to cut the noxious weeds and brush. growing along the sides of the highway fronting his lands, at least twice in each year, once before the first day of July, and again before the first day of September. If the owner fails to cut such weeds or brush as provided in this section, the commissioner of highways of the town in which such owner resides shall cause the same to be done, and shall give such owner notice in writing stating that at a specified time and place the commissioner will assess the cost thereof against such owner so neglecting, and return the same to the town board of his town at the meeting held on the Thursday next preceding the annual meeting of the board of supervisors, stating the name of each owner, and the amount assessed against him. The town board shall certify the amount of the assessment made by the highway commissioner to the board of supervisors. The board of supervisors shall cause the amount so returned to them by the town board to be levied against such delinquent owner and added to his highway tax for the next ensuing year. (Added by chap. 516 of 1900.) 854. Board of supervisors may adopt county road system.The board of supervisors of any county may, by a vote of a majority of the members thereof, by resolution, adopt the county road system, and shall, as soon as practicable after the adoption of such resolution, cause to be designated as county roads such portions of the public highways in such county as they shall deem advisable, outside the limits of any city in such county, and amd 1901 6.239 shall cause such designation and a map of such county roads to be filed in the clerk's office of such county; the roads so designated shall, so far as practicable be leading market roads in such county. (Added by chap. 333 of 1893, and amended by chap. 375 of 1895, § 1.) 855. County engineer.—There shall be a county engineer in every such county, who shall be appointed by the board of supervisors thereof, and be removable at its pleasure. The term of office of each county engineer shall be three years, unless sooner removed, and his salary shall be fixed by the board of supervisors and be a county charge. (Added by chap. 333 of 1893.) 856. Expense of county roads.-The expense of improving, repairing and maintaining the county roads of each county, shall be a county charge, and in any county in which during the past five years there has been expended at least the sum of five hundred thousand dollars for macadamizing purposes, the expense of constructing, improving, maintaining and repairing such county roads, shall be annually approportioned by the board of supervisors of the county, upon the various towns and cities within the county, as the said board may deem just. The money necessary to improve, repair and maintain the county roads or to pay the principal and interest of any bonds issued as provided in the next section, shall be levied and collected at the same time and in the same manner as money for other county charges is levied and collected. The board of supervisors shall designate the amount of money to be expended upon each county road, and may make rules and regulations for the government of the county engineer and regulating the expenditure of such money. (Added by chap. 333 of 1893, and amended by chap. 375 of 1895, § 2.) § 57. County bonds for county roads.-The board of supervisors of such county may borrow money from time to time for the construction, maintenance and repair of the county roads in such county, and may issue the bonds or other evidences of indebtedness of the county therefor; but such bonds or other evidences of indebtedness shall not bear a rate of interest exceeding five per centum per annum, and shall not be for a longer term than twenty years, and shall not be sold for less than par. (Added by chap. 333 of 1895.) § 58. Jurisdiction over county roads.-The county roads in any county shall be exclusively under the jurisdiction of the board of supervisors and the county engineer of the county, and Highway Officers, Their General Powers and Duties. SS 1-4 SECTION 1. Short title.-This chapter shall be known as the highway law. § 2. Treasurer of highway commissioners.-When there is more than one commissioner of highways in any town, they shall designate one of their number to be treasurer. If they fail so to do, the commissioner longest in office shall be the treasurer; and all money collected for highway purposes, or belonging to the highway fund of the town, shall be paid to him. Before receiving such money, he shall execute to the town an undertaking, to be approved by the supervisor, to the effect that he will faithfully account and pay over to any officer or person entitled thereto, any money that may come into his hands as such treasurer. 3. Powers of one commissioner.-When any town has but one commissioner of highways, the term, commissioners of highways, when used in this chapter, shall mean such one commissioner. 84. General powers of commissioner.-The commissioners of highways in the several towns, shall have the care and superintendence of the highways and bridges therein, except as otherwise specially provided in relation to incorporated villages, cities and other localities; and they shall 1. Cause such highways and bridges to be kept in repair, and amd 1901 give the necessary directions therefor. 2. Cause such highways as shall have been laid out, but not sufficiently described, and such as shall have been used for twenty years, but not recorded, to be ascertained, described and entered of record, in the town clerk's office; 3. From time to time, not oftener than once a year, divide the town into so many highway districts as they shall judge convenient, by writing, under their hands, to be filed with the town clerk, and by him to be entered in the town book, at least ten days before an annual town-meeting. A territory not exceeding one square mile, containing a population of not less than one hundred and fifty, and not including a part of a city or village, may be established as a separate highway district in the following manner: A verified petition of two-thirds of the electors of such territory representing two-thirds of the taxable property therein and describing the territory, may be presented to the highway commissioner at least twenty days before the annual town-meeting. The petition shall state the population of the proposed district, and the taxable persons and property as appears by the last pre c.437 |