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Filling vacancies; orders of appointment.

Powers and

compensation of the referees.

sessions shall, after the time to appeal has expired, appoint, in writing, three disinterested residents of the county, but not of the town, and not named by any of the parties interested in the appeals, as referees to hear and determine all the appeals, and shall give them notice thereof, and deliver to them all papers pertaining to the matter, and thereupon the referees shall be sworn, before any officer authorized to take affidavits, faithfully to hear and determine the matters referred.

1 R. S., 1047, § 103, except first clause. By the Long Island act the appeal is heard by the county judge without appointment of referees. The legislature may think it advisable to adopt that course for the state.

§ 479. If any referee fails to serve, the court or officer who appointed him has power to appoint another to fill his place. All orders for appointment of such referees shall be filed in the clerk's office of the town where the highway or proposed route lies. 1 R. S., 1044, §§ 84, 85.

§ 480. The referees have the powers conferred by law upon referees in civil actions. Their fees are two dollars each for every day employed, to be paid by the appellant if the commissioners' order is confirmed; if reversed, to be a county charge; if modified, to be paid by either, as directed by the court.

From 1 R. S., 1048, § 107, and first clause of § 108.

hearing to

sioners and

§ 481. The referee shall give at least eight days' Notice of notice, in writing, of the time and place of the be given to hearing, to be served, in all cases, on the com- applicant. missioners, and, in case of an appeal from an order in favor of an application, to be served on the applicant. Such notice is to be served personally, or, in case of the absence of the person to be served, by leaving it as his residence.

1 R. S., 1048, §§ 105, 106.

the referees.

§ 482. If the referees reverse an order of the Decision of commissioners refusing an application to lay out or alter a highway, they must proceed and lay out the new road or the alteration as they deem the commissioners should have done.' In all cases they must file their decision, in writing, signed by them, with the town clerk, who shall record the same;' and it shall remain unaltered four years from the time of filing,' and shall not be the subject of appeal.

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By the Long Island act it cannot be modified so long as the same judge holds office, except on application to him with the approval of the commissioners, and before granting the application he must view the premises.

§ 483. It is the duty of the commissioners to Duty of the

carry into effect any decision in favor of an appli

commissioners.

Notice to owner to remove fences.

Width of certain roads.

Reference to local

provisions.

cation in the same manner as if it had been their own and there had been no appeal.

1 R. S., 1048, § 109.

§ 484. After the time to appeal has expired, or the decision upon the appeal has been filed, the commissioners, before opening a road through inclosed land, must give to the owner sixty days' notice, in writing, to remove his fences. The notice must be served on him personally, or by leaving it at his residence in case of his absence, or, if he has none in the town, by leaving it with his agent in the town. If the commissioners cannot ascertain that he has such, the notice must be affixed upon the outer door of the town-house. If the fences are not removed at the expiration of that time, the court may cause them to be removed and the road opened.

Ib., § 110; 1049, § 111.

§ 485. It is the duty of the commissioners to cause all roads used as highways for twenty years to be opened to the width of at least two rods. Ib., 1049, § 116.

§ 486. The width of highways in Stockport in the county of Columbia,' and in New Hartford in the county of Oneida,' is the subject of special

statutes.

1

1 Laws of 1853, ch. 106.

'Laws of 1851, ch. 109.

ARTICLE VII.

ERECTION AND MAINTENANCE OF BRIDGES.

SECTION 487. Bridges across canals.

488, 489. Bridges to be railed.

490. When the expense of a bridge may be levied on the county.
491. Allowance may be reviewed by the sessions.

492. Bridges between two towns.

493. Joint contracts for such.

494. Remedy if commissioners of adjoining towns refuse to act.

495. Commissioners, when personally liable.

496. Motion to compel commissioners to build or repair.

497. Reference thereon.

498. Decision of the motion.

499. Costs thereon.

500. Compliance with the order.

501. Report of commissioners and levying the expenses.

502. Any person may rebuild or repair on neglect by the com

missioner.

503. Appeal from orders made under sections 497 or 501.

504. Reference to local provisions.

across

canals.

§ 487. In all cases where a highway, laid out Bridges by legal authority, lies in such a direction as to cross the line of any canal of this state which was constructed before the highway was laid out, worked and used, the construction and maintenance of any bridge required for the crossing is to be, like other highway bridges, under the charge of the officers and at the expense of the proper town or towns, but the construction is to be subject to the provisions of law relative to the canals of the state.

1 R. S., 514, §§ 269, 270.

be railed.

§ 488. All public bridges must be constructed Bridges to with a sufficient railing on each side.

Laws of 1830, ch. 56, § 97.

Bridges to

be railed.

When the expense of a bridge may be levied on the county.

Allowance may be reviewed by the sessions.

§ 489. All persons whose duty it is to make and maintain bridges across their mill-dams shall provide them with sufficient railings, and keep the same in repair; and in case of neglect to erect or to keep in repair such railings, on the order of a commissioner, they shall be liable, for every offense, to a penalty of five dollars, and a further penalty of one dollar for every day such neglect is continued. Laws of 1830, ch. 56, § 97.

§ 490. All public bridges, except such as are otherwise provided for by statute, are maintained by the town in the same manner as the other highways.' But where it appears to the supervisors of any county that a town therein would be unreasonably burdened by the expense, they may, in their discretion, cause a part or the whole thereof -but not exceeding one thousand dollars in any one year, and, in the counties of Kings, Queens and Suffolk, not exceeding five hundred dollars in any one year to be levied on the county."

1 Hill v. Supervisors of Livingston, 2 Kern., 52.
* 1 R. S., 1053, § 140; Laws of 1830, ch. 56, § 96.

§ 491. If the commissioners of any town are dissatisfied with such allowance, the court of sessions of the county shall, upon their application, review the same, and their order in the premises shall be binding upon the supervisors.

Ib., 141.

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