{"1": {"fulltext": "", "height": "4454", "width": "2555", "jp2-path": "highwaylawofnewy00gree_0_0001.jp2"}, "2": {"fulltext": "", "height": "4320", "width": "2480", "jp2-path": "highwaylawofnewy00gree_0_0002.jp2"}, "3": {"fulltext": "", "height": "4320", "width": "2480", "jp2-path": "highwaylawofnewy00gree_0_0003.jp2"}, "4": {"fulltext": "", "height": "4287", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0004.jp2"}, "5": {"fulltext": "", "height": "4345", "width": "2405", "jp2-path": "highwaylawofnewy00gree_0_0005.jp2"}, "6": {"fulltext": "", "height": "4287", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0006.jp2"}, "7": {"fulltext": "THE HIGHWAY LAW;\\nOF NEW YORK STATE\\nCHAPTER HI OF THE GENERAL LAIS\\n(Laws 1890, Chap. 568.)\\nTOGETHER WITH ALL OTHER STATUTES OF\\nTHE STATE, GENERAL AND MIS\u00c2\u00ac\\nCELLANEOUS, RELATING\\nTO THE SUBJECT OF\\nHIGHWAYS.\\n[AS AMENDED TO JANUARY 1, 1901.]\\nANNOTATIONS AND FORMS.\\nYe -r* oXk. urs; A ,0 VwY t.\\nEdited by\\nH. NOYES GREENE,\\n(Of the Troy Bar.)\\nAuthor of Practice Time Table,\u00e2\u0080\u009d Daw of Taxable Transfer\u00e2\u0080\u009d and\\nDaw of Negotiable Instrument*.\u00e2\u0080\u009d\\nALBANY, N. Y.\\nMATTHEW BENDER, PUBLISHER,\\n511-513 Broadway.\\n1900.", "height": "4345", "width": "2405", "jp2-path": "highwaylawofnewy00gree_0_0007.jp2"}, "8": {"fulltext": "TWO COPIES HECEIVED,\\nL/brsry \u00c2\u00b0f Congrotfc\\nOIIIcg of the\\nJUN 2-1900\\nRegister of Copyrights\\na, /3/JT2.\\nC tftucu 2 J? /J O\\nF, *ST copy.\\nCopyright, 1898,\\nBy MATTHEW BENDER,\\nCopyright, 1899,\\nBy MATTHEW BENDER.\\nCopyright, 1900,\\nBy MATTHEW BENDER.\\n00 367", "height": "4287", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0008.jp2"}, "9": {"fulltext": "PREFACE.\\nBefore the passage of the general Highway Act of 1890,\\nthe law of this state in regard to highways was a confused\\nand conflicting mass of Revised Statute provisions, inde\u00c2\u00ac\\npendent general statutes and special acts. The legislature,\\nby its attempt to codify all these into one act, accom\u00c2\u00ac\\nplished a great deal in the way of simplification and\\nelimination, but it failed to be thorough, leaving a num\u00c2\u00ac\\nber of statutes still standing upon their own foundations\\nas highway laws. Succeeding legislatures have served\\nonly to complicate matters further by a seeming disregard\\nof Chapter XIX of the General Laws in their enactments.\\nMoreover, many of the special acts passed both before\\nand since the year 1890, applicable only under certain\\nconditions of population and location, have no place in a\\ngeneral highway act; while other provisions of law,\\nthough pertinent to the subject of highways, belong more\\nproperly and are found in the various chapters of the\\ngeneral laws.\\nTo gather all these widely scattered parts into one\\ncomprehensive whole, has been the endeavor of the editor\\nin the preparation of this volume. While the Highway\\nLaw proper has received the more careful treatment, in\\nthat it has been exhaustively annotated in all its parts,\\nyet it is believed that no one provision of any unrepealed\\nstatute has escaped notice and insertion in that part of\\nthe book called the Appendix, with references thereto\\nwherever necessary in the body of the work.\\nBeing finished, the book, if good for anything at all,\\nshould be equally useful to both lawyer and layman. To\\nthe former, it should be an aid in showing the interpreta-\\n(iii)", "height": "4345", "width": "2405", "jp2-path": "highwaylawofnewy00gree_0_0009.jp2"}, "10": {"fulltext": "iv\\nThe Highway Law of IS Jew York.\\nPreface.\\ntion given by the courts to each part of the statute; to the\\nlatter, it should be a compendium of their rights and\\nduties in relation to highways, whether they be officials\\ncharged with the care thereof or mere travelers thereon.\\nThat such a degree of excellence has been attained, how\u00c2\u00ac\\never, is for the reader, not the editor, to determine.\\nIn the digesting of more than one thousand court\\ndecisions, acknowledgment should be made of valuable\\nassistance rendered by Mr. Andrew P. McKean of the\\nTroy bar. The forms have been carefully selected from\\nthose most approved by long usage.\\nTroy* HL Y., June 1, 1898,\\nJti. N. G.", "height": "4287", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0010.jp2"}, "11": {"fulltext": "Table of contents.\\nPage\\nTable of Cases Cited xiii\\nThe Highway Law. 1\\nARTICLE I.\\nHighway officers, their general powers and duties. 1\\nSection 1. Short title. 2\\n2. Treasurer of highway commissioners. 2\\n3. Powers of one commissioner. 3\\n4. General powers of commissioners. 3\\n5. Mile-stones and guide-boards. 9\\n6. Road machines and implements. 10\\n7. Stone-erushers and materials. 12\\n8. Custody of stone-crushers. 13\\n9 Additional tax. 13\\n10. Extraordinary repairs of highways or bridges. 14\\n11. Auditing expense thereof. 15\\n12. Accounts, how made out. 16\\n13. Unsafe toll-bridge. 17\\n14. Drainage, sewer and water pipes in highways. 18\\n15. Actions for injuries to highways. 19\\n16. Liability of towns for defective highways,... 20\\n17. Action by town against commissioners. 26\\n18. Audit of damages without action.....; 27\\n19. Reports of commissioners........ 28\\n20. General duties of overseers.. 29\\n2 i. Opening obstructed highways..*.. 30\\n22. Penalties against overseers...... 31\\n23. Penalties, how collected. 4 32\\n24. Compensation of overseers.*. 4 33\\n25. Division of town into highway commissioner dis\u00c2\u00ac\\ntricts.*. 33\\n26* Duties of commissioner in each district.. 34", "height": "4345", "width": "2405", "jp2-path": "highwaylawofnewy00gree_0_0011.jp2"}, "12": {"fulltext": "VI\\nThe Highway Law of New York.\\nTable of contents.\\nARTICLE II.\\nPage\\nAssessment for highway labor. 35\\nSection 30. Meetings of commissioners. 36\\n31. Lists of inhabitants. 36\\n32. Non-resident lands. 36\\n33. Assessments of highway labor, how made. 37\\n34. Copies of lists delivered to overseers. 40\\n35. Names omitted. 41\\n36. Appeals by non-residents. 41\\n37. Credit on private roads. 42\\n8 Certain assessments to be separate. 42\\n89. Tenant to deduct assessment. 42\\n40. Reassessment in case of neglect. 43\\n41. Omissions of assessors corrected. 43\\n42. New assessments by overseers. 48\\n43. Sidewalks and trees. 44\\n44. Abatement of tax for shade trees. 45\\n45. Sidewalk tax anticipated. 46\\n46. Certificate of anticipation. 46\\n47. Transfer of certificate. 47\\n48. Abatement of tax for watering trough. 47\\n49. System of taxation defined. 48\\n50. Town may change its system. 48\\n51. Vote thereon. 40\\n52. When change to take effect. 48\\n53. Annual tax under money system; certain villages\\nexempt therefrom. 49\\n54. (Adoption of county road system.). 59\\n55. (County engineer.).\\n56. (Expenses, how paid.).\\n57 (Issue of bonds, etc.).\\n58. (County roads under charge of supervisors and\\ncounty engineer.). g 2\\n59a. (Proceeds of county bonds.). 53\\nARTICLE III.\\nThe duties of overse\\nway labor\\n54", "height": "4287", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0012.jp2"}, "13": {"fulltext": "The Highway Law of New York. vii\\nTable of contents.\\nPage\\nSection 60. Notice to work. 54\\n61. Notice to non-residents. 55\\n62. Commutation 55\\n63. Teams and implements. 56\\n64. Substitutes. 57\\n65. Penalties for neglect to work or commute. 57\\n66 Assessment for unperformed labor. 58\\n67. Penalty for refusal of overseer to provide list. 59\\n68 Collection of arrearages for unperformed labor. 59\\n69. Annual return of overseers. 60\\n70. Noxious weeds in highway. 61\\n71. Overseers to notify occupant to remove weeds. 61\\n72. Abatement of tax for removal of fence. 62\\n73. Abatement of tax for street lamps. 62\\n74. Rebate of tax for using wagon tires of certain width 63\\nARTICLE IV.\\nLaying out, altering and discontinuing highways and laying\\nout private roads... 64\\nSection 80. Highways by dedication. 65\\n81. Survey. 17 1\\n82. Application. 73\\n83. Application for commissioners. 73\\n84. Appointment of commissioners, and their duties 75\\n85. Notiee of meeting. 77\\n86 Decision of commissioners in favor of application.... 78\\n87. Damages in certain cases, how estimated. 81\\n88. Decision of commissioners denying application 83\\n89. Motion to confirm, vacate or modify. 83\\n90. Limitation upon laying out highways. 87\\n91. Laying out highways through burying grounds. 91\\n92. Costs, by whom paid 92\\n93. Damages assessed, and costs to be audited. 92\\n94. When officers of different towns disagree about high\u00c2\u00ac\\nway 94\\n95. Difference about improvements. 95\\n96. Highways in two or more towns. 97", "height": "4345", "width": "2405", "jp2-path": "highwaylawofnewy00gree_0_0013.jp2"}, "14": {"fulltext": "The Highway Law of New York.\\nvin\\nTable of contents.\\nPage\\nSection 97. Laying out, dividing and maintaining highway\\nupon town line. $7\\n98. Final determination, how carried out. 99\\n99. Highways abandoned. SO\\n100. Highways by use. 101\\n101. Fences to be removed. 113\\n102. Penalty for falling trees. 114\\n103. Fallen trees to be removed.114\\n104. Penalty for obstruction or encroachment. 114\\n105. How removed, and liability for not removing. 118\\n106. Private road. 124\\n107. Jury to determine necessity, and assess damages 125\\n108. Copy, application and notice delivered to applicant.. 125\\n109. Copy and notice to be served...125\\n110. List of jurors. 126\\n111. Names struck off. 126\\n112. Place of meeting.126\\n113. Jury to determine and assess damages. 127\\n114. Their verdict. 127\\n115. Value of highway discontinued.128\\n116. Papers to be recorded in the town clerk\u00e2\u0080\u0099s office.128\\n117. Damages to be paid before opening the road. 128\\n118. Fees of officers. 129\\n119. Motion to confirm, vacate or modify. 129\\n120. Costs of new hearing. 130\\n121. For what purpose private road to be used. 130\\n122. Highways or roads along division lines. 131\\n123. Adjournments. 131\\nARTICLE V.\\nBridges. 132\\nSection 130. When town or county expense 132\\n131. Additional county aid. 135\\n132. Statement of expenses.. 136\\n133. Supervisors to levy tax. 136\\n134. Joint liabilities of towns, and their joint contracts... 136\\n13 Refusal to repair. 133\\n136. Proceedings in Gourt. 139", "height": "4287", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0014.jp2"}, "15": {"fulltext": "The Highway Law of New Yoke. ix\\nTable of contents.\\nPage\\nSection .137. Commissioners to institute proceedings. HO\\n138. Their duty. 140\\n139. Commissioners to report. 141\\n140. Appeals. 141\\n141. Power of court on appeal. 141\\n142. Refusal to repair bridge. 142\\n143. Penalty, and notice on bridge. 143\\n144. Offence. 143\\n145. Iron bridges. 143\\nARTICLE VI.\\nMiscellaneous provisions...144\\nSection 150. Papers, where filed. 144\\n151. When commissioners do not act. 145\\n152. Costs on motion. 145\\n153. Injuries to highways. 14\\n154. When town not liable for bridge breaking. 147\\n155. Steam traction engines on highway. 147\\n156. Trees, to whom they belong. 148\\n157. Carriages meeting to turn to the right. 149\\n158. Intemperate drivers not to be engaged. 151\\n159. Drivers, when to be discharged. 152\\n160. Leaving horses without being tied. 152\\n161. Owners of certain carriages liable for acts of\\ndrivers. 153\\n162. Term \u00e2\u0080\u009ccarriage\u00e2\u0080\u009d defined. 153\\n163. Entitled to free use of highways. 154\\n164. Penalties, how recovered. 155\\n165. ^Extent of this chapter.\\n165. Stone and rubbish not to be dumped in highways... 156\\nARTICLE VII.\\nRegulation of ferries.\\nSection 170. Licenses.\\n171. Undertaking.\\nSo in the original.", "height": "4345", "width": "2405", "jp2-path": "highwaylawofnewy00gree_0_0015.jp2"}, "16": {"fulltext": "X\\nThe Highway Law of New York.\\nTable of contents.\\nPage\\nSection 172. Appendages for rope ferries. 160\\n173. Superintendent of public works may lease right of\\npassage. 160\\n174. When schedules to be posted. 161\\nARTICLE VIII.\\nRepealing and other laws. 163\\nSection 180. Laws repealed. 163\\n181. Saving clause. 163\\n182. Construction. 164\\n183. When to take effect. 164\\nSchedule. 165\\nAppendix.169\\nGeneral Laws 171\\nConstitution. 171\\nCode of Civil Procedure. 174\\nCounty Law. 193\\nTown Law. 205\\nVillage Law... 218\\nTransportation Corporations Law.235\\nNavigation Law. 260\\nCanal Law.265\\nRailroad Law. 271\\nIndian Law. 275\\nMiscellaneous Laws 278\\nLaws 1817, ch. 83. \u00c2\u00a378\\nLaws 1835, ch. 300. 279\\nLaws 1853, ch. 62. 279\\nLaws 1862, ch. 220 281\\nLaws 1869, ch. 131. 281\\nLaws 1870, ch. 311. ggg\\nLaws 1871, ch. 171. 284\\nLaws 1879, ch. 317. egg\\nLaws 1831, ch. 314. 9 gg\\nLaws 1883, ch. 113. ggy\\nLaws 1890, ch. 291.", "height": "4287", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0016.jp2"}, "17": {"fulltext": "The Highway Law of New York. xi\\nTable of contents.\\nPage\\nLaws 1390, ch. 332. 291\\nLaws 1890, ch. 555 292\\nLaws 1891, ch. 309. 301\\nLaws 1893, ch. 239. 302\\nLaw r s 1893, ch. 419. )4\\nLaws 1893, ch. 582. 305\\nLaws 1893, ch. 607 311\\nLaws 1893, ch. 655 314\\nLaws 1894, ch. 266 315\\nLaws 1895, ch. 499 317\\nLaws 1895, ch. 611. 320\\nLaws 1895, ch. 717. 321\\nLaws 1896, ch, 309 322\\nLaws 1896, ch. 423 324\\nLaws 1896, ch. 464 325\\nLaws 1897, ch. 269. 326\\nLaws 1897, ch. 286. 328\\nLaws 1897, ch. 481. 342\\nLaws 1897, ch. 483. 344\\nLaws 1897, ch. 596. 346\\nLaws 1898, ch. 45 349\\nLaws 1898, ch. 71. 351\\nLaws 1898, ch. 102. 353\\nLaws 1898, ch. 115. 354\\nLaws 1898, ch. 133 361\\nLaws 1898. ch. 224. 362\\nLaws 1898, ch. 277. 367\\nForms.\\nIndex", "height": "4345", "width": "2405", "jp2-path": "highwaylawofnewy00gree_0_0017.jp2"}, "18": {"fulltext": "", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0018.jp2"}, "19": {"fulltext": "fABLE OF CASES CITED.\\nA.\\nPage\\nAbbott v. Cottage City. 66\\nAdams v. Rivers. 117\\nv. R. R. Co... 102\\nAdler v. Metropolitan Ry. Co. 10\\nAllen v. Buffalo, c. Co. 19\\nv. Northville 72\\nAlpaugh v. Bennett.105, 122\\nAmerican Bank Note Co. v. N. Y. Elevated R. R. Co. 109\\nAmsbry v. Hinds. 100\\nAnderson v. Van Tassel. 30\\nAstor v. New York. 82\\nAtkinson v. Oelsner. 150\\nAusable Co. v. Hargraves.. 105\\nB.\\nBabcock v. Gifford. 22\\nv. Lamb. 76, 105\\nv. N. Y. C. R. R. Co. 26\\nBaker v. Braman. 124\\nv. Oneonta. 71\\nBaldwin v. Buffalo. 80\\nBallard v. Dyson. 102\\nBank of Ithaca v. King. 40\\nBarker v. Loomis.8, 15, 23, 24\\nv. Oswegatehie. 134\\nv. Railroad Co. 150\\nv. Savage. 15\\nBarnes v. New York. 93\\nBartlett v. Crozier.4, 30, 32\\nBateman v. Black. 102\\nBaumann v. Gilmour. 151\\nBayard v. Healy. 40\\nBaylis v. Roe. 122\\n(xiu)", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0019.jp2"}, "20": {"fulltext": "xiv The Highway Law of New York.\\n____\\nTable of cases cited.\\nPage\\nBeardslee v. Dolge. 86\\nBeck v. Carter.\\nBecker v. Metropolitan Ry. Co. 109\\nBeckwith v. Whalen. 68, 138, 140\\nBeekman v. Railroad Co. 103\\nBelton v. Baxter 150\\nBenedict v. Calkins 89\\nv. Goit. 102, 103, 111, 123\\nBentley v. Phelps. 7\\nBerlin Bridge Co. v. Wagner. 14, 15, 29, 131, 134, 135\\nBetts v. Williamsburgh. 82\\nBidelman v. State. 20\\nBid well v. Town of Murray.21, 22, 24\\nBirge v. Berlin Iron Bridge Co. 8, 14\\nBirket v. Knickerbocker Ice Co. 150\\nBisbee v. Mansfield. 122\\nBischoff v. N. Y. Elevated R. It. Co.109, 110\\nBishop v. Barton.. 4, 135\\nBlackman v. Riley. 101\\nBlanchard v. Hoboken Land Improvement Co. 162\\nBlashfield v. Tel. Tel. Co. 110\\nBliss v. Johnson. 45, 107, 115\\nv. Schaub 116\\nBogart v. New York. 86\\nBohm v. Metropolitan Ry. Co. 109\\nBookman v. N. Y. Elevated R. R. Co. HO\\nBoots v. Washburn.8, 15, 131\\nBorries v. Horton. 120\\nBorst v. Town of Sharon. 23\\nBouton v. Brooklyn.\\nv. Neilson. go\\nBrace v. N. Y. C. R. R. Co. 101 102\\nBradley v. Blair.116, 12l| 155\\nBresky v. Railroad Co.\\nBrick Co. v. Haverstraw.\\nBridge Co. v. Barnett. Igl\\nBriggs v. Doughty.\\nvr.rsrTrr TTs..-., r*--", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0020.jp2"}, "21": {"fulltext": "The Highway Law of New York.\\nxv\\nTable of cases cited.\\nPage\\nBrinkman v. Eisler. 118\\nBrodhurst v. Turnpike Co. 82\\nBroezel v. Brooklyn. 71\\nBroiestadt v. Railroad Co. 108\\nBrooklyn v. Meserole. 86\\nv. Nassau R. R. Co..... 112\\nBrooks v. Schwerin. 150\\nBronson v. Mann. 119\\nBruner v. Lewis. 15\\nBrush v. Manhattan Ry. Co. 109\\nBruyu v. Graham. 72\\nBryan v. Landon... 23\\nBryant v. Town of Randolph.4, 19, 21, 24, 109\\nBucholz v. Railroad Co.19, 71\\nBuckley v. Drake.76, 81\\nBuell v. Lockwood. 85\\nBuffalo v. Hoff eld.100, 101\\nBuffalo Plank Road Co. v. Commissioners of Highways. 39\\nBuhrens v. Railroad Co. 150\\nBullard v. Harrison. 112\\nBullock v. Town of Durham.22, 26\\nBurns v. Yonkers.2 24\\nBuyce v. Buyce. 181\\nByrne v. Knickerbocker Ice Co. 151\\nC.\\nCadwell v. Arnheim. 149\\nCallanan v. Gilman.115, 117\\nCanal Appraisers v. People. 106\\nBank v. Albany.81, 82, 87\\nCommissioners v. People. 106\\nCarpenter v. Cohoes.25, 26\\nv. Railroad Co. 108\\nCarrisv. Commissioners. I?* 00\\nCary v. Marston. 86\\nCase v. Thompson.78, 93, 114, 120\\nCase of Irondequoit and Penfield. 140\\nCaven v. City of Troy. 104", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0021.jp2"}, "22": {"fulltext": "xvi The Highway Law of New York.\\nTable of cases cited.\\nPage\\nCemetery v. Railroad Co. 106\\nCentral Park Case. 70\\nChamberlain v. Taylor. 40\\nChapman v. Gates. 75, 78, 81, 115\\nv. R. R. Co. 108\\nv. Swan.71, 104\\nCheney v. Railroad Co. 106\\nChristy v. Newton. 71, 100, 120, 122\\nChurch v. Railroad Co. 108\\nCity of Cohoes v. D. H. C. Co. 66 68 104\\nCity of Utica v. Utica Telephone Company.. 110\\nClapp v. Town of Ellington. 21, 23, 26,188\\nClapper v. Town of Waterford. 21, 23, 24, 26, 45\\nClark v. Miller. 81\\nv. Phelps. 84, 89\\nv. Stillman. 81\\nClarke v. Crimmins. 117\\nClements v. West Troy. 66 72\\nCleveland v. Cleveland. 112\\nColden v. Thurber. 105\\nCole v. Van Keuren. 5 105\\nColes v. Williamsburgh. 79\\nColman v. Shattuck. 37,41, 59, 60\\nCommissioners v. Claw. 84\\nv. Judges. 81, 87, 90\\nv. Kempshall.... 106\\nv. Meserole. 73\\nv. Peck. 8 121, 155\\nv. Van Allen.119, 122\\nConkling v. Phoenix Mills. 103\\nCook v. Covil.119, 120\\nv. Harris. 66 67, 119\\nv. N. Y. Elevated R. R. Co. 110\\nCooper v. Bean. 79 H 4 117\\nCorbett v. Troy. 102\\nCorey v. Rice.137, 139\\nCorning v. Gould. 100", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0022.jp2"}, "23": {"fulltext": "The Highway Law of New York. xvii\\nTable of cases cited.\\nr\\nPage\\nCortelyou v. Van Brunt. 105\\nCotanch v. Grover. 4, 30\\nCousins v. Carncross. 22\\nCoutant v. Catlin. 80\\nCowan v. Snyder. 150\\nCoykendall v. Durkee. 124\\nCrabtree v. Otterson. 150\\nCraig v. Railroad Co.108, 110\\nv. Supervisors.128, 130\\nCrain v. Fox. 100\\nCunningham v. Fitzgerald. 70\\nCurry v. Buffalo. 23\\nCurtis v. Keesler... 103\\nCuyler v. Rochester. 71\\nD.\\nDarker v. Beck. 107\\nDavis v. Kallfelz. 152\\nv. Mayor.106, 115\\nDay v. Day.60, 137, 138\\nDe Camp v. Thomson. 68, 103\\nDenning v. Roome. 66, 105\\nDe Peyster v. Mali. 10l\\nDetnold v. Drake. 106\\nDevenpeck v. Lambert. 104\\nDe Witt v. Van Schoyk. 107\\nDexter v. Alfred. 80\\nv. Broat. HI\\nv. Riverside Mills. 107\\nDisosway v. Winant. 86\\nDominick v. Hill. 72, 119\\nDonnelly v. Brooklyn. 71\\nDorn v. Town of Oyster Bay. 21, 23\\nDoughty v. Brill. 122\\nDrake v. Rogers. 84, 114, 115, 122, 124, 125, 131\\nDriggs v. Phillips. 68, 100, 115, 119\\nDrucker v. Manhattan Ry. Co. 109", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0023.jp2"}, "24": {"fulltext": "xvm\\nThe Highway Law of New York.\\nTable of cases cited.\\nDudley v. Bolles\\nDuntz v. Duntz...\\nDurant v. Lipsius\\nDuryea v. Smith..\\nDygert v. Schenck\\nE.\\nEaring v. Lansing.\\nEckerson v. Haverstraw.\\nEdwards v. Ford.\\nEdsall v. Howell.\\nEelsy v. American T. T. Co.\\nEgerer v. Railroad Co.\\nEl wood v. Rochester.\\nEngleman v. Longhorst.\\nEnsign v. Barse.\\nv. Supervisors.\\nEtz v. Daily.\\nEveleigh v. Hounsfield.\\nEvers v. Hudson River Bridge Co.\\nExcelsior Brick Co. v. Haverstraw.\\nEx parte Albany\\nCentral Park.\\nClapper.\\nCommissioners.\\nDepartment of Parks.\\nDepartment of Public Works\\nDe Wint.\\nJennings.\\nKerr.\\nManhattan Co.\\nSanders.\\nF.\\nFalvey v. Bridges.\\nFarman v. Town of Ellington.\\nFarrell v. New York.\\nFash v. Railroad Co.\\nPage\\n149\\n121\\n150\\n4\\n26, 116, 117, 123, 135\\n.149, 150\\n67\\n137\\n45, 148, 163\\n110\\n69, 108\\n71, 82, 83, 90\\n72, 81\\n37, 40\\n25, 135\\n124\\n23\\n36\\n71\\n82\\n68, 85\\n89\\n68, 76, 80, 85, 87, 140\\n80\\n.I.... 79\\n80\\n103\\n91\\n71\\n86\\n.100, 106\\n4, 21, 23, 30, 44\\n.116, 118\\n110", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0024.jp2"}, "25": {"fulltext": "The Highway Law of New York.\\nxi s\\nTable of cases cited.\\nPage\\nFearing v. Irwin. 69, 70\\nFellows v. Denniston. 40\\nFettrick v. Dickenson. 112\\nFisher v. Cambridge 117\\nv. New York. 80\\nv. Richardson. 107\\nFishkill v. Plankroad Co. 21\\nFitch v. Commissioners. 71, 119, 120\\nFlack v. Green Island. 104\\nFleet v. Youngs. 116, 121, 124\\nFletcher v. Railroad Co. 108\\nFlood v. Van Wormer 121, 122\\nFlynn v. Hurd. 187, 138\\nv. Railroad Co. 117\\nv. Taylor.116, 117\\nFobes v. Railroad Co. 109\\nFoels v. Town of Tonawanda. 21\\nFoot v. Stiles. 71\\nFord v. Nichols. H?\\nFowler v. Lansing. 180\\nv. Mott. 89, 102, 103, 111, 122\\nv. Westervelt. 86, 37, 40, 56\\nFraser v. Freeman. 163\\nFrasier v. Town of Tompkins. 26\\nFreeholders v. Glen and Florida. 101\\nFreel v. County of Queens. 8\\nFreeman v. Cornwall. 68\\nFriedlander v. D. IT. C. Co.*.11G 124\\nFuller v. Redding.\\nFurman v. Taylor.\\nG.\\nGailor v. Herrick. 21\\nGalatian v. Gardner. 104 105\\nGale v. Railroad Co. 1\u00c2\u00b09\\nGarlinghouse v. Jacobs. 131\\nGaslight Co. v. Calkins. m", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0025.jp2"}, "26": {"fulltext": "XX\\nThe Highway Law of New York.\\nTable of cases cited.\\nGedney v. Earl.\\nGenet v. Brooklyn.\\nGetty v. Hamlin.\\nGhiglione v. Marsh.\\nGilbert v. Havemeyer.\\nGlasier v. Town of Hebron\\nGould v. Booth.\\nv. Glass.\\nGranger v. Syracuse.\\nGraves v. Otis.\\nGray v. Manhattan Ry. Co\\nGreenberg v. Kingston_\\nGriffith v. McCullum.\\nGuest v. Brooklyn.\\nGulliver v. Blauvelt.\\nPage\\n106\\n79, 83\\n24, 25, 137\\n14\\n82\\n21, 24\\n23\\n4, 69, 73, 90, 121, 155\\n80\\n4, 123\\n110\\n117\\n123\\n86\\n152\\nH.\\nHaberman v. Baker. 106\\nHaden v. Clarke. 117\\nHaight v. Littlefield. 107\\nHallock v. Woolsey. 72\\nHampton v. Hamsher. 40, 43\\nHand v. Klinker. 117\\nHannersly v. New York. 106\\nHannon v. Agnew. 26\\nHarlow v. Humiston.105, 112\\nHarpell v. Curtis. 149\\nHarriman v. Howe.104, 105\\nHarrington v. People. 73, 89, 90, 104\\nHarris v. Houck. 137 139\\nv. Whitney. 37\\nHarrower v. Ritson. ^03\\nHathaway v. Jenks.H 9 139\\nHavermans v. Troy. 73\\nHawkins v. Rochester. 79\\nHawxliurst v. Mayor. Igg\\nHayward v. Mayor. n no", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0026.jp2"}, "27": {"fulltext": "The Highway Law of Hew York.\\nxxi\\nTable of cases cited.\\nHaywood v. Wheeler.\\nHeacock v. Sherman.\\nHeath v. Barman.\\nHegan v. Railroad Co.\\nHenderson v. Knickerbocker Ice Co.\\nHergert v. Union Ry. Co.\\nHerrick v. Stover.\\nHerrington v. Phoenix..\\nHibbard v. R. R. Co.\\nHickok v. Trustees.\\nHicks v. Chaffee..\\nHiggins v. Reynolds.\\nHill v. Supervisors.\\nHines v. City of Lockport.\\nv. Hamburger.\\nHoey v. Gilroy.\\nHoldame v. Cold Spring.\\nHolloway v. Delano.\\nv. Southmayd.\\nHorey v. Haverstraw.\\nHoughtaling v. Shelley..\\nHover v. Barkhoof.\\nHuber v. Nassau R. R. Co.\\nHudson River Telephone Co. v. Watervliet Ry. Co\\nHuggans v. Riley..\\nHughes v. Bingham.\\nv. Metropolitan Ry. Co.\\nv. N. Y. Elevated R. R. Co.\\nHunt v. Fitchburg R. R. Co.\\nHunter v. Trustees.\\nHyatt v. Bates.\\nI.\\nIn re Howland Bridge.\\nIns. Co. v. Stevens.*.\\nIreland v. Plank Road Co..\\nIsaacs v. Railroad Co.\\nIselin v. Starin.\\nIvory v. Town of Deerpark.\\nPage\\n7\\n26\\n101, 103\\n112, 150\\n150\\n151\\n90, 127, 130\\n26\\n153\\n102\\n106\\n14\\n24\\n104\\n.116, 113\\n66\\n70\\n107\\n100\\n117\\n22, 24\\n151\\n110\\n.131, 134\\n21, 68\\n109\\n109\\n112\\n66\\n121\\n105\\n69\\nIll\\n153\\n67\\n5, 8, 22, 25, 105", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0027.jp2"}, "28": {"fulltext": "xxii The Highway Law of New York.\\nTable of cases cited.\\nPage\\nJ.\\nJackson v. Hathaway. 44\\nJames v. Sammis... 5 104, 120, 122 124\\nJennings v. Bates. 128\\nv. Van Schaick. 118\\nJohnson v. Friel. 117\\nv. Loveless. 72\\nJohnston v. Supervisors. 79\\nJones v. N. Y. Elevated R. R. Co. 110\\nv. City of Utica. 26, 99\\nK.\\nKane v. N. Y. Elevated R. R. Co. 109\\nKearney v. Metropolitan Ry. Co. 109\\nKellinger v. Railroad Co. 110\\nKelly v. Horton. 73 123\\nKelsey v. Burgess. 5 73, 104\\nv. King. 107\\nKennedy v. Troy. 86\\nKernochan v. N. Y. Elevated R. R. Co. 109\\nKerr v. Hammer. 120\\nv. Joslin. 25\\nKetchum v. Edwards. 124\\nKiernan v. Newton. H 3\\nKing v. Brooklyn. 77\\nv. Reed. 34\\nv Tr \u00c2\u00b0y. ns\\nKline v. Hibbard. 120\\nKoester v. Decker. 15 Q\\nL.\\nLahr v. Metropolitan Ry. Co. 109\\nLambert v. Hoke. 13 Q\\nLament v. Haight. 22\\nLancaster v. Richardson. 123\\nLane v. Cary. 12 q\\nv. Town of Hancock. 21 24\\nv. Wheeler. 23", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0028.jp2"}, "29": {"fulltext": "The Highway Law of New York.\\nXXlll\\nTable of cases cited.\\nPage\\nLanglois v. Cohoes. 26\\nLansing v. Caswell. 89\\nv. Wiswall.105, 121\\nLapham v. Rice. 137\\nLavery v. Hannigan.116, 118\\nLawrence v. New York. 70\\nLawson v. Woodstock. 22\\nLechner v. Village of Newark. 155\\nLedyard v. Ten Eyck. 102\\nLee v. Sandy Hill. 67\\nLe Roy v. New York. 85\\nLewis v. Railroad Co. 105\\nLittle v. Denn. 116\\nLivingston v. New York. 80, 82, 107\\nLord v. Atkins. 107\\nLoudoun v. Railroad Co. 150\\nLowell v. Railroad Co.*. 109\\nLowerre v. New York. 83\\nLozier v. Railroad Co. 108\\nLudlow v. Oswego. 100\\nLyon v. Munson. 101\\nM.\\nMackey v. Locke... 22\\nMaginnis v. Brooklyn. 26\\nMahon v. Railroad Co. 108\\nMali v. Lord. 153\\nManger v. Harrison. 116\\nMann v. Worrall. 106\\nMarble v. Whitney. 66, 72, 73, 89, 101\\nMark v. West Troy. 104\\nMarkey v. County of Queens. 25, 135\\nMartin v. Brooklyn 70\\nMarvin v. Pardee. 122\\nMather v. Crawford. 15, 131\\nMatter of 17th St. 107\\n127th St. 80", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0029.jp2"}, "30": {"fulltext": "XXVI\\nThe Highway Law of New York.\\nTable of cases cited.\\nPage\\nMatter of Pearl Street. 81, 85\\nPierce. 80\\nPugh. 76, 85\\nRiverside Park. 82\\nRochester Railway Co. 109\\nR. R. Co. 69\\nShawangunk Kill Bridge. 104\\nSrniddy. 70\\nSouthern Boulevard. 75, 76, 85\\nSouth Seventh Street. 72, 76, 85\\nSpier. 140\\nSpuyten Duyvil Parkway. 70, 74, 82\\nSummit Street. 71\\nTaylor Allen. 86\\nthe Terrace. 79\\nThird Street. 85\\nTown Board. 14\\nTown of Hampton. 90\\nTrustees of Olean. 105\\nTwenty-ninth Street. 79\\nTwenty-sixth Street. 75\\nUnion Avenue. 85\\nWall Street. 69\\nWashington Park. 70, 86\\nWashington Street. 71\\nWilliam Street. 78, 79, 80, 81, 82, 85\\nWoolsey. 82\\nMayer v. New York. 73\\nMayor v. Railroad Co. 110\\nMcCaffrey v. Smith. 116\\nMcCamus v. Gaslight Co. 117\\nMcCarthy v. Syracuse. 107\\nv. Whalen. 72, 73, 89, 102, 145\\nMcCormack v. Brooklyn. 71\\nMcCormick v. City of Amsterdam. 66\\nMcCruden v. Rochester Ry. Co. 108, 148\\nMcDermott v. Conley. 117", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0030.jp2"}, "31": {"fulltext": "The Highway Law of New York. xxvii\\nTable of cases cited.\\nPage\\nMcFadden v. Kingsbury. 30, 33, 123\\nMcGean v. Metropolitan Ry. Co. 109\\nMcGuinness v. Town of Westchester. 26\\nMcMahon v. Town of Salem... 24\\nMcMannis v. Butler. 66\\nMcVee v. Watertown. 67, 100\\nMerrill v. Brooklyn. 82, 86\\nMetcalf v. Garlinghouse. 84\\nMetropolitan Exhibition Co. v. Newton. 124\\nMilhau v. Sharp 106, 107, 115\\nMilitary Parade Ground. 70\\nMiller v. Brown. 71\\nv. Garlock. 104\\nMills v. Hall. 115\\nMitchell v. Metropolitan Ry. Co 109\\nv. White Plains. 80\\nMoebus v. Herman. 150\\nMonk v. Town of New Utrecht. 22, 24\\nMooney v. N. Y. Elevated R. R. Co. HO\\nv. Trow, c. Co.140, 150\\nMoore v. N. Y. Elevated R. R. Co. 109\\nv. Village of Fairport.123, 124\\nMoran v. McClearne. 80\\nMorey v. Town of Newfane. 21\\nMorgan v. King.103, 112\\nMorrison v. N. Y. Elevated R. R. Co. 107\\nMortimer v. Manhattan Ry. Co. 109\\nMott v. Clayton.105, 107\\nv. Commissioners.119, 120\\nv. Consumers\u00e2\u0080\u0099 Ice Co. 153\\nv. New York. 100\\nMunson v. Hungerford. 103\\nMurphy v. Brooklyn. 102\\nv. Orr. I 50\\nMurray v. Graham.\\nN.\\nNaylo v. Glazier. I 24", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0031.jp2"}, "32": {"fulltext": "XXX\\nThe Highway Law of New York\\nPeople\\nTable of cases cited.\\nv. Goodwin..\\nv. Gray.\\nv. Green.\\nv. Greene.\\nv. Griswold.\\nv. Hall.\\nv. Harris.\\nv. Haverstraw.\\nv. Heddon.\\nv. Hildreth.\\nv. Horton.\\nv. Hudson.\\nv. Hunting.\\nv. Hynds.\\nv. Ireland..\\nv. Jones.\\nv. Judges.\\nv. Keck.\\nv. Kellogg.\\nv. Kerr.\\nv. Kingman.\\nv. Kniskern.\\nv. Law.\\nv. Lawrence.\\nv. Lawson.\\nv. Lambier.\\nv. Lewis.\\nv. Loehfelm.\\nv. Lohnas.\\nv. May.\\nv. McDonald.\\nv. McIntyre.\\nv. McNeil.\\nv. Meach.\\nv. Melville.\\nv. Mills.\\nv. Mohawk Bridge Co\\nPage\\n85, 89\\n78\\n74\\n70\\n70\\n39\\n87\\n87\\n86, 87\\n86\\n89,117\\n131\\n122, 124\\n71, 89\\n89\\n70, 84\\n5, 71, 85\\n73, 74, 97\\n67\\n106, 107\\n89, 102, 105\\n77, 87\\n106\\n84\\n84, 105\\n102\\n81\\n66, 104\\n69\\n91\\n69, 134\\n14\\n70\\n134\\n86\\n70, 73\\n22", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0032.jp2"}, "33": {"fulltext": "The Highway Law of New York\\nxxxi\\nPeople\\nTable of cases cited.\\nPage\\nv. Moore. 86, 89, 90, 130\\nv. Hosier. 72, 74, 78, 99\\nv. Mott. 77, 80\\ny. Nash. 72, 86\\nv. New York.118, 162\\nv. Nichols. 70, 85\\nv. N. Y. C. R. R. Co. 100\\nv. Osborn. 78, 84, 104, 105\\nv. Pierce. 41\\nc. v. Pierce. 40\\nv. Pike. 70\\nv. Plainfield. 87\\nv. Potter. 76, 81\\nv. Railroad Co. 106\\nex rel. Lovett v. Randall. 3\\nv. Robertson. 87\\nv. Robinson.81, 128, 130\\nv. Schellenger. 81, 89\\nv. Scott. 76, 90\\nv. Sherman. 87\\nv. Sly. 6\\nv. Smith.15, 16, 77, 134\\nex rel. Slater v. Smith. 143\\nv. Stedman. 78, 86\\nv. Strevell. 87, 90\\nv. Supervisors 8, 15, 21, 23, 69, 71, 73, 77, 79, 80, 81, 86, 93, 94, 97,\\n103, 134, 136.\\nex rel. Bevins v. Supervisors. 92, 93\\nex rel. Everett v. Supervisors. 44\\nex rel. Keene v. Supervisors. 135\\nex rel. Root v. Supervisors. 135\\nex rel. Sammis v. Supervisors. 90\\nex rel. Scott v. Supervisors. 56\\nv. See. 81\\nv. Supervisors of Kings County. 86\\nv. Sweet. 87\\nv. S} r racuse. 70, 76, 83", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0033.jp2"}, "34": {"fulltext": "The Highway Law of New York.\\nXXX11\\nTable of cases cited.\\nPeople v. Tallman..\\nv. Talmadge.\\nv. Taylor.\\nv. Temple..\\nv. Thayer.\\nv. Town Board\\nv. Underhill...\\nv. Vail.\\nv. Van Alstyne.\\nv. Watertown.\\nv. Wend.\\nv. White\\nv. Whitney.\\nv. Whitney\u00e2\u0080\u0099s Point.\\nv. Williams.\\nPeters v. Carleton.\\nv. Kendall.\\nv. New York.\\nPhelps v. Hawle} r\\nPhillips v. Macedon.\\nv. Schumacher.\\nPike y. Bosworth.\\nPlank Road v. Railroad.\\nPlant v. R. R. Co.\\nPollock v. Morris..\\nPond v. Metropolitan Ry. Co.\\nPorter v. Village.\\nPort Jervis v. National Bank\\nPost v. Hazlett.\u00e2\u0080\u009e.\\nv. Ry. Co.\\nv. West Shore R. R. Co..\\nPotter v. Benniss.\\nPratt v. People.\\nPresbyterian Society v. Railroad Co\\nPugsley v. Anderson.\\nPurroy v. Schuyler..\\nPage\\n78\\n87\\n..124, 127\\n84, 89, 90\\n85, 86\\n15, 16, 131\\n66\\n73\\n84, 87, 102, 105\\n87\\n81\\n81\\n80 86\\n72, 78\\n71, 120\\n70\\n103, 111\\n71\\n137, 139, 140\\n26\\n71, 90, 119, 145\\n..149, 150\\n108\\n.107, 108\\n80\\n109\\n104\\n117\\n107\\n104\\n19\\n58\\n72\\n106\\n124\\n123", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0034.jp2"}, "35": {"fulltext": "The Highway Law of New York.\\nxxxm\\nTable of cases cited.\\nR. Page\\nRadway v. Briggs. 102\\nRailroad Co. v. Artcher.125, 126\\nv. Brownell. 69, 91\\nv. Brunnell. 91\\nv. Greenbush. 91\\nv. Kane. 82\\nv. Kerr. 91\\nv. Morrisania. 82\\nv. Northern Turnpike Co. 108\\nv. Railroad Co. 124\\nv. Silverstone. 91\\nv. Utica. 116\\nv. Williamson. 91\\nRailway Co. v. Supervisors. 40\\nRamsden v. Railway. 110\\nRankert v. Town of Junius. 25\\nRauenstein v. Railroad Co. 70\\nRead v. Buffalo. 26\\nRe Bogart\u00e2\u0080\u0099s Estate. 80\\nRector v. Clarke. 87\\nv. Pierce. 23\\nRex v. County. 101\\nRexford v. Knight. 93, 103, 106\\nRex v. Lyon. 101\\nv. Railway Co. 103\\nRhines v. Town of Royalton.. 24\\nRichardson, c. Co. v. Barstow Stove Co. 117\\nRich v. Manhattan Ry. Co. 110\\nRiker v. New York. 80\\nRiley v. Town of Eastchester. 21, 26\\nRinehart v. Young. 36, 40, 41, 55, 58\\nRoberts v. N. Y. Elevated R. R. Co. 109\\nRobbins v. Gorham. 119\\nRobinson v. Chamberlain. 103\\nv. Fowler. 21\\nv. Railroad Co. 108", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0035.jp2"}, "36": {"fulltext": "XXXIV\\nThe Highway Law of New York\\nTable of cases cited.\\nPage\\nRobinson v. Town of Fowler. 25\\nRoe v. Elmendorf. 26\\nRounds v. Railroad Co. 153\\nRozell v. Andrews. 67, 119\\nRue y. Sprague. 121\\nRugby Charity v. Merriweather. 102\\nRummell v. Railroad Co. 107\\nRush v. Manhattan Ry Co. 109\\nS.\\nSage v. Brooklyn..\\nSatterly v. Winne.\\nSaunders v. Townsend.\\nSchild v. Railroad Co.\\nSchimpf v. Sliter.\\nSchomer v. Rochester.\\nSchreiber\u00e2\u0080\u0099s Appeal.\\nScott y. Hough.\\nSeneca Road Co. v. Railroad Co...\\nShea v. Railroad Co.\\nSherman v. Kane.\\nSimmonson v. Stellenmerf.\\nSimmons v. Sines.\\nSlater v. Manhattan Ry. Co.\\nSmith v. Bailey.\\nv. Dygert.\\ny. Ferris.\\nv. Helmer.\\nv. Mayor.\\nv. N. Y. Elevated R. R. Co\\nv. Ryan.\\nv. Town of Clarkstown\\nv. Village of White Plains\\nv. Wright.\\nSnyder v. Plass.\\nv. Trumpbour.\\n71, 79\\n.125, 128\\n.102, 121\\n19, 109\\n150\\n25, 26\\n76\\n117\\n108\\n.151, 153\\n73\\n.149, 150\\n71\\n109\\n151\\n149\\n93\\n9\\n25\\n110\\n117\\n26, 117\\n70\\n22, 24, 30, 131\\n5, 90, 104, 105\\n78, 87. 90", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0036.jp2"}, "37": {"fulltext": "The Highway Law of New York.\\nXXXV\\nTable of cases cited.\\nPage\\nSpeir v. New Utrecht. 104, 105\\nSperb v. Metropolitan Ry. Co. 109\\nSpicer v. Slade.119, 120\\nSplittorf v. State. 25\\nStacy v. Phelps. 23\\nStarr v. Rochester 71\\nStebbins v. Kay. 82, 83, 93\\nSteimmetz v. Metropolitan Ry. Co. 109\\nSterry v. N. Y. Elevated R. R. Co. 109\\nStewart v. Porter Mfg. Co. 117\\nv. Railroad Co. 153\\nv. Waller. 72\\nStone v. Town of Poland. 26\\nStorck v. Metropolitan Ry. Co. 109\\nStory v. N. Y. Elevated R. R. Co 109\\nStrickland v. Woodworth. 124\\nStriker v. Kelly. 87, 93\\nSun Publishing Assn. v. The Mayor. 103\\nSupervisor of Galway v. Stimson.121, 155\\nSurdam v. Fuller. 138\\nSutphen v. Town of Hempstead. 23\\nSyracuse Salt Co. v. Railroad Co. 108\\nT.\\nTalmage v. Huntting.105, 122\\nTaylor v. Porter. 124, 128, 131\\nv. Town of Constable. 26, 30\\nTerpenning v. Smith. 87\\nThacher v. Supervisors...... 184\\nThayer v. Lewis.*. 58\\nTheall v. Yonkers..... 23\\nThompson v. Allen. 116\\nv. Manhattan Ry. Co. 109\\nTierney v. Troy. 26\\nTiffany v. Gifford. 81", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0037.jp2"}, "38": {"fulltext": "XXXVI\\nThe Highway Law of New York.\\nTable of cases cited.\\nPage\\nTingue v. Port Chester. 83\\nTodd v. Birdsall. 121\\nv. Todd. 72\\nTompkins v. Hodgson 107, 116\\nTown of Corning v. Head. 66 104, 116, 122\\nGalen v. Plankroad Co. 21\\nGallatin v. Loucks. 21\\nKirkwood v. Newbury. 13^\\nPalatine v. Railroad Co. 19\\nSalamanaca v. Cattaraugus Co. 135\\nSardinia v. Butler.120, 122\\nWeekfield v. Shasley.119, 123\\nWindsor v. D. H. C. Co. 19\\nWirt v. Supervisors... 134\\nTreanor v. Eichhorn. 135\\nTrustees of Jordon v. Otis. 102, 117, 155\\ny. Morse. 40, 41\\nv. Railroad Co. 108\\nTucker v. Rankin. 5, 72\\nTurner v. Williams. 80\\nTurnpike Co. v. Buffalo. 20\\nv. Smith. 106\\nV.\\nVan Alstyne v. Freday.... 8 15\\nVan Amringe v. Barnett. 106\\nVan Bergen v. Bradley. 144\\nVan Brundt v. Town of Flatbush. Ill\\nVandemark v. Porter.100, 105\\nVanderbeck v. City of Rochester. 101\\nVandermark v. Porter. 104\\nVan Gassbeck v. Saugerties. 24\\nVan Valkenburgh v. New York. 77\\nVan Wyck v. Lent. 119\\nVillage of Canandaigua v. Benedict. 108\\nFulton v. Tucker. 45\\nVoorhees v. Martin. H 9", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0038.jp2"}, "39": {"fulltext": "The Highway Law of New York.\\nxxxv ii\\nTable of cases cited.\\nW. Page\\nWager v. Railroad Co.108, 110\\nWakeman v. Wilbur. 67, 105, 123\\nWalker v. Cay wood. 100, 103, 105, 115, 122\\nv. Moseley. 58\\nWallace v. Karlenowefski. 69\\nWaller v. Town of Hebron.21, 24, 26\\nWalsh v. New York. 26\\nv. Trustees. 26\\nWarmer v. Village of Randolph. 25\\nWashburn v. Mt. Kisco. 26\\nWatrous v. Shear. 8\\nWeber v. Buffalo Ry. Co. 25\\nWeed v. Village of Ballston Spa. 44\\nWeinckie v. Railroad Co. 71\\nWelch v. Wilson. 115\\nWells v. Sibley. 118\\nv. Town of Salina. 14\\nWestlake v. Koch. 112\\nWest v. McGurn 130\\nWetmore v. Atlantic c., Co. 102\\nv. Tracy. 114, 119, 123\\nWhitaker v. Railroad Co. 112, 150, 153\\nWhitcher v. Water Works Co. Ill\\nWhite v. Manhattan Ry. Co. 110\\nv. Town of Ellisburgh. 143\\nv. Wiley. 112\\nWhitesides v. Green. 105\\nWhitlock v. Town of Brighton. 15, 24\\nWhitmore v. Village of Tarry town. 70\\nWhitney v. Town of Ticonderoga. 12, 21\\nWicks v. Thompson. 105\\nWiggin v. New York. 69\\nWiggins v. Tallmadge. 67, 102, 104, 105\\nWilbrandt v. Railroad Co. 112\\nWildreck v. Hagar. 73\\nWiley v. Smith. 19", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0039.jp2"}, "40": {"fulltext": "xxxviii The Highway Law of New York.\\nTable of cases cited.\\nPage\\nWilliams v. Hynes. 118\\nv. Railroad Co. 108\\nv. Safford. 112\\nWilson v. Railroad Co. 69\\nWinnegar v. Roe. 7\\nWoodman v. State. 25\\nWoodruff v. Paddock.100, 106\\nWood v. Watertown. 26\\nWoolsey v. Tompkins. 72, 76\\nWorster v. Railroad Co. 110\\nWright v. Wilcox. 153\\nWyman v. New York. 82\\nY.\\nYates v. Hathaway.105, 106\\nYoung v. Town of Macomb. 24", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0040.jp2"}, "41": {"fulltext": "", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0041.jp2"}, "42": {"fulltext": "", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0042.jp2"}, "43": {"fulltext": "THE\\nHIGHWAY LAW.\\nCHAPTER 568, LAWS 1890.\\nAn Act in Relation to Highways, Constituting\\nChapter Nineteen of the General Laws.\\nCHAPTER NINETEEN OF THE GENERAL LAWS.\\nThe Highway Law.\\nArticle I. Highway officers, their general powers and duties. (\u00c2\u00a7\u00c2\u00a71-24.)\\nII. Asssessment for highway labor. 30-53.)\\nIII. The duties of overseers of highways, and the performance\\nof highway labor. 60-73.)\\nIV. Laying out, altering and discontinuing highways and\\nlaying out private roads. 80-133.)\\nV. Bridges. 130-145.)\\nVI. Miscellaneous provisions. 150-164.)\\nVII. The regulation of ferries. 170-174.)\\nVIH. Repealing and other clauses. 180-183.)\\nARTICLE I.\\nHighway Officers, Their General Powers and Duties.\\nSection 1. Short title.\\n2. Treasurer of highway commissioners.\\n3. Powers of one commissioner.\\n4. General powers of commissioners.\\n5. Mile-stones and guide-boards.\\n6 Road machines and implements.", "height": "4362", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0043.jp2"}, "44": {"fulltext": "2\\nThe Highway Law of New York.\\nTreasurer of highway commissioners.\\nSection 7. Stone-crushers and materials.\\n8. Custody of stone-crushera.\\n9. Additional tax.\\n10. Extraordinary repairs of highways or bridges.\\n11. Auditing expense thereof.\\n12. Accounts, how made out.\\n13. Unsafe toll-bridge.\\n14. Drainage, sewer and water pipes in highways.\\n15. Actions for injuries to highways.\\n16. Liability of towns for defective highways,\\n17. Action by town against commissioners.\\n18. Audit of damages without action.\\n19. Reports of commissioners.\\n20. General duties of overseers.\\n21. Opening obstructed highways.\\n22. Penalties against overseers.\\n23. Penalties, how collected.\\n24. Compensation of overseers.\\n25. Division of town into highway commissioner districts.\\n26. Duties of commissioner in each district.\\nSection 1. Short title* \u00e2\u0080\u0094This chapter shall be known\\nas the highway law.\\nNew.\\nSee notes under 100, post, as to what constitutes a highway.\\nSee L. 1893, ch. 655, Appendix, post.\\n2. Treasurer of highway commissioners .\u00e2\u0080\u0094When\\nthere is more than one commissioner of highways in any\\ntown, they shall designate one of their number to be\\ntreasurer. If they fail so to do, the commissioner longest\\nin office shall be the treasurer; and all money collected for\\nhighway purposes, or belonging to the highway fund of\\nthe town, shall be paid to him. Before receiving such\\nmoney, he shall execute to the town an undertaking, to\\nbe approved by the supervisor, to the effect that he will\\nfaithfully account and pay over to any officer or person", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0044.jp2"}, "45": {"fulltext": "The Highway Law of New York.\\n3\\nPowers of one commssioner.\\nentitled thereto, any money that may^come into his hands\\nas such treasurer.\\nRevised from L. 1873, eh. 395, 5.\\nAs to the election of highway commissioners, see Town Law, 12, 13,\\n15, Appendix, post; oath of office, Town Law, 51, 56, Appendix, post;\\nregular undertaking required to be given by each commissioner, in addi\u00c2\u00ac\\ntion to the one required by this section, Town Law, 63, 66, Appendix,\\npost; official oath and undertakings, Public Officers Law, 10, 15; an\\nofficer lawfully holding over, Public Officers Law, 5; vacancy in office,\\nTown Law, 65, Appendix, post; highway commissioners as fence viewers,\\nTown Law, 21, Appendix, post, and 100, 102-105, 108, 124, 125, 127-\\n130; commissioners to resign to town clerk, Public Officers Law, 21; re\u00c2\u00ac\\nmoval from office for misconduct, c., Public Officers Law, 25a.\\nSee L. 1897, ch. 481, 21, Appendix, post, amending Town Law as to\\nelection of highway commissioners.\\nAs to term of office of highway commissioner. People ex rel. Lovett\\nv. Randall, 151 N. Y. 497.)\\n3. Powers of one commissioner. \u00e2\u0080\u0094When any town\\nhas but one commissioner of highways, the term, commis\u00c2\u00ac\\nsioners of highways, when used in this chapter, shall\\nmean such one commissioner.\\nPractically new. A somewhat similar provision was found in L. 1873,\\nch. 395, 6, hereby repealed. That section was amendedby L. 1881, ch. 644,\\nbut the amendment was subsequently repealed by L. 1883, ch. 196.\\nFor similar provisions, see Town Law, 15, Appendix, post, and Statu\u00c2\u00ac\\ntory Construction Law, 18.\\n4. General poivers of commissioner .\u00e2\u0080\u0094The com\u00c2\u00ac\\nmissioners of highways in the several towns, shall have\\nthe care and superintendence of the highways and bridges\\ntherein, except as otherwise specially provided in relation\\nto incorporated villages, cities and other localities; and\\nthey shall", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0045.jp2"}, "46": {"fulltext": "4\\nThe Highway Law of New York.\\nGeneral powers of commissioner.\\n1. Cause such highways and bridges to be kept in repair,\\nand give the necessary directions therefor;\\nRevised from 1 R. S., ch. 16, tit. 1, art. 1, 1.\\nSee 16, 17, post, and notes thereunder as to liability of town and high\u00c2\u00ac\\nway commissioners for defective highways.\\nAs to powers and duties of highway commissioners as water com\u00c2\u00ac\\nmissioners of their towns, see R. S. part III, ch. 8, tit. 16, 16; as to care\\nand preservation of town sewers, drains or culverts by the highway commis\u00c2\u00ac\\nsioners, see L. 1893, ch. 545, 8; as to improvement of village streets by\\nofficers thereof, see Village Law, 140-169, Appendix, post; as to care of\\nhighways on tribal lands, see Indian Law, 12, 73, 80, Appendix, post.\\nBecause the statute imposes upon the overseers of highways the duty of\\nkeeping them in repair, the commsssioners are not relieved from that duty\\nalso and from giving the requisite directions to the overseers. And they\\nmust also use reasonable diligence to see that their directions are observed.\\n(Bartlett v. Crozier, 17 Johns. 437; Farman v. Town of Ellington, 46 Hun,\\n41; Bryant v. Town of Randolph, 44 St. Rep. 86.)\\nPowers of highway commissioners discretionary; no absolute and imper\u00c2\u00ac\\native duty to repair is imposed. Peck v. Batavia, 32 Barb. 641.)\\nCommissioners of highways have no authority to lay out new roads\\nthrough wild or unimproved lands. Goidd v. Glass, 19 Barb. 179.)\\nCommissioners of highways may take gravel within the bounds of the\\nhighway for the purpose of repairing the road in other places. Duryea v.\\nSmith, 42 St. Rep. 565.)\\nHighway officers may not take soil from the land of an owner to use for\\nhighway purposes at other places than on his land. Cotanch v. Grover\\n57 Hun, 272.)\\nThe provisions of the statute intended for the government of citizens and\\ndo not pertain to the affairs of Indians. Bishop v. Barton 2 Hun, 436.)\\nThe statute which prescribes the powers and duties of commissioners of\\nhighways should, when applied to village trustees, who are declared com\u00c2\u00ac\\nmissioners, be liberally construed and their acts under it indulgently re\u00c2\u00ac\\ngarded. (Gh aves v. Otis, 21 Hill, 466.)\\n2. Cause such highways as shall have been laid out, but\\nnot sufficiently described, and such as shall have been", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0046.jp2"}, "47": {"fulltext": "The Highway Law op New York.\\n5\\nGeneral powers of commissioner.\\nused for twenty years, but not recorded, to be ascertained,\\ndescribed and entered of record in the town clerk\u00e2\u0080\u0099s office;\\nRevised from 1 R. S., eh. 16, tit. 1, art. 1, 1.\\nSee notes under 100, post.\\nWhat constitutes a proper description. (Tucker v. Rankin, 15 Barb. 471.)\\nNo authority is conferred upon commissioners to adjudge what was\\noriginally intended in relation to the width or location of the road, further\\nthan such intention is manifested by actual user. (.People v. Judges,\\n24 Wend. 491.)\\nCannot enlarge or change location of road. {Snyder v. Plass, 28 N. Y.\\n4C5; Colev. Van Keuren, 41 Hun, 262; Ivory v. Town of Deerpark, 116\\nN. Y. 476; James v. Sammis, 132 N. Y. 239.)\\nWhere the commissioners of highways have ascertained and described a\\nroad under this section, their certificate is not a defence to an action against\\nan overseer of highways for trespass, where such certificate did not purport\\nto be based either upon a record or upon an adjudication of user for twenty\\nyears; and proof is admissible on behalf of the plaintiff that the road was\\nnot a public highway either by use or by dedication. {Kelsey v. Burgess, 12\\nSupp. 169.)\\n3. From time to time, not oftener than once a year,\\ndivide the town into so many highway districts as they\\nshall judge convenient, by writing, under their hands, to\\nbe filed with the town clerk, and by him to be entered in\\nthe town book, at least ten days before an annual town\\nmeeting. A territory not exceeding one square mile, con\u00c2\u00ac\\ntaining a population of not less than one hundred and\\nfifty, and not including a part of a city or village, may be\\nestablished as a separate highway district in the following\\nmanner: A verified petition of two-thirds of the electors\\nof such territory representing two-thirds of the taxable\\nproperty therein and describing the territory, may be pre\u00c2\u00ac\\nsented to the highway commissioner at least twenty days\\nbefore the annual town meeting. The petition shall state\\nthe population of the proposed district, and the taxable\\npersons and property as appears by the last preceding", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0047.jp2"}, "48": {"fulltext": "6\\nThe Highway Law of New York.\\nGeneral powers of commissioner.\\nassessment roll of the town. A farm or lot shall not be\\ndivided in the formation of such district. Within ten\\ndays after the presentation of such a petition, the highway\\ncommissioner shall establish the district in the manner\\nabove required for other highway districts. The highway\\ndistrict so established shall not be abolished, except upon\\nthe petition or written consent of two-thirds of the electors\\nrepresenting two-thirds of the taxable property of the\\ndistrict. The highway commissioner may extend the\\nhighway district, so established, not more than half a\\nmile in any direction, and if it is so extended an order\\nshall be entered accordingly.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 1, 1. Amended by L. 1897, ch.\\n782.\\nSee People v. Sly, 4 Hill, 593.\\n4. Assign to each of the highway districts such of the\\ninhabitants and corporations liable to work on highways,\\nas they shall think proper, having regard to proximity of\\nresidence as much as may be;\\nRevised from 1 R. S ch. 16, tit. 1, art. 1, 1, as amended by L. 1853,\\nch. 63.\\nSee 31, post, as to lists of taxable inhabitants and corporations, how\\nfurnished to commissioners, and 33, post, as to method of assessment of\\nlabor on highways.\\n5. On the fifteenth day of April of each year, make and file\\nwith the town clerk, a written appointment of a resident of each\\ndistrict, to be overseer of highways therein. The town clerk\\nshall notify each overseer of his appointment, within ten days\\nafter the filing thereof: and the person so appointed and notified,\\nshall thereupon become and be the overseer of highways within\\nhis district for one year, and until his successor shall be ap\u00c2\u00ac\\npointed. If any person so appointed overseer, shall refuse to", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0048.jp2"}, "49": {"fulltext": "The Highway Law of Hew York.\\n7\\nGeneral powers of commissioner.\\nserve, or his office shall become vacant, the commissioners shall\\nin like manner appoint some other person to be overseer;\\nRevised from L. 1865, eh. 522, sec. 7, as amended by L. 1880, eh. 503, and\\nfrom 1 R. S., eh. 16, tit. 1, art. 1, sec. 14.\\nAmended by L. 1900, eh. 399, taking effect April 12, 1900.\\nPerson appointed overseer liable to a penalty of $10 for refusal to serve.\\n(Town Law, sec. 55; Winnegar v. Roe, 1 Cow. 258; Haywood v. Wheeler, 11\\nJohns. 432; Bentley v. Phelps, 27 Barb. 524.)\\n6. Require overseers of highways to warn all persons\\nand corporations assessed to work on highways, to come\\nand work thereon, with such teams and implements, and\\nat such times as the said commissioners, or any one of\\nthem shall direct;\\nRevised from 1 R. S., ch. 16, tit. 1, art 1, 1\u00c2\u00bb\\nSee 60, 61, post, as to overseers giving warning.\\n7. Expend all moneys raised and collected from the\\ntown at large for highway purposes, upon the highways\\nand bridges situated in, or upon the borders of the town,\\nor highway districts assigned to the town in which such\\nmoneys were raised and collected, in such proportion as\\nthey may deem just and proper;\\nRevised from L. 1878, ch. 377, 2, superseded hereby.\\nSee 16, 17, post and notes thereunder as to liability of town and high\u00c2\u00ac\\nway commissioners for defective highways.\\nSee L. 1895, ch. 717, Appendix, post, providing [that highway commis\u00c2\u00ac\\nsioners, where the money system of highway labor has been adopted, must\\nfile their contracts with the town clerk. See Town Law, 182, as to con\u00c2\u00ac\\ntracts being in name of town. See L. 1890, ch. 332, Appendix, post, as to\\ncertain moneys received from licenses to be paid over to the highway com\u00c2\u00ac\\nmissioners.\\nThe collector of taxes in each district is required to pay over to the\\nhighway commissioners the moneys raised for the support of the highways\\nand bridges of the town. (Tax Law, 56.)\\nDiscretion of commissioners of highways regarding expenditures of", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0049.jp2"}, "50": {"fulltext": "The Highway Law of New York.\\nGeneral powers of commissioner.\\nmoney in their hands must be reasonably exercised. (Ivory v. Town of\\nDeerpark, 116 N. Y. 476\\nCommissioners have no authority to borrow money or give promissory\\nnote binding upon successors. Van Alstyne v. Freday 41 N. Y. 174;\\nBarker v. Loomis 6 Hill 464; People v. Supervisors, 93 N. Y. 39 People v.\\nBurrell, 14 Misc. 217.)\\nCommissioners must be sued as such upon their contracts; there is no\\npersonal liability. Boots v. Washburn, 79 N. Y. 207.)\\nWhen a town meeting votes to raise money for a bridge, the commis\u00c2\u00ac\\nsioner of highways is charged with the duty to erect it. Birge v. Ber\u00c2\u00ac\\nlin Iron Bridge Company, 16 Supp. 596.)\\nThe power of commissioners of highways to loan moneys in their hands\\nand to enforce the collection of securities taken therefor, is fairly deriv\u00c2\u00ac\\nable from their general powers and duties. Commissioners v. Peck, 5\\nHill. 215.)\\nSee Watrous v. Shear, 25 W. D. 164; People v. Genge, 38 St. Rep. 345;\\nFurman v. Taylor, 41 St, Rep. 791; Freel v. County of Queens, 9 App. Div.\\n186.\\n8. Have power to enter upon the lands of any person\\nadjoining any of the rivers, streams or creeks of the state,\\ndrive spiles, throw up embankments, and perform such\\nother labor as may be necessary upon the banks of such\\nrivers, streams or creeks tor the purpose of keeping them\\nor any of them within their proper channels and prevent\u00c2\u00ac\\ning their encroachment upon any of the highways of the\\nstate, also to enter upon any lands adjoining any highway,\\nand which lands during the spring freshets or any time of\\nhigh water are subject to overflow from such rivers,\\nstreams or creeks, and to remove or change the position of\\nany fence or other obstruction which prevents the free flow\\nof water under or through any highway, bridge or culvert,\\nwhenever the same may be necessary for the protection of\\nany highway, and to protect such highways and the prop\u00c2\u00ac\\nerty of the town from damages by reason of such rivers,\\nstreams or creeks washing away their embankments, or\\nchanging the location of the channels, and to agree with\\nthe owner of any such lands upon the amount of damages,\\nif any, sustained by him in consequence of such entry upon\\nhis lands and the performance of the work herein author\u00c2\u00ac\\nized, and the amount of the damages so agreed upon shall\\nbe a town charge, and shall be audited and paid in the same\\nmanner as other town charges. If the commissioners are\\nunable to agree with such owner upon the amount of", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0050.jp2"}, "51": {"fulltext": "The Highway Law op New York.\\n9\\nMile-stones and guide-boards.\\ndamage thus sustained, the amount thereof shall be ascer\u00c2\u00ac\\ntained and determined and paid in the same manner as\\ndamages for the laying out and opening of highways are\\nrequired by law to be ascertained, determined and paid,\\nwhere the commissioners and land owner are unable to\\nagree upon the amount thereof.\\nAdded to/ X,. 1891, ch. 212, and amended by L. 1899, chap. 344, taking\\neffect April 17, 1899.\\nSee 83-89, post as to method of ascertaining damages in case of dis\u00c2\u00ac\\nagreement.\\nAn act authorizing the taking of private property for public purposes,\\nand providing for a just compensation to the owner, is not unconstitu\u00c2\u00ac\\ntional because it omits to make the assessment and payment of damages\\na condition precedent to an entry upon and occupation of the premises.\\n(Smithy Helmer 7 Barb. 416.)\\n5. Milestones and guide-boards .\u00e2\u0080\u0094Commissioners\\nof highways may cause mile-boards or stones to be erected\\nupon the highways in their town as they think proper;\\nthey shall also cause guide-posts, with proper inscriptions\\nand devices, to be erected at the intersectings of such\\nhighways therein, as they may deem necessary, which\\nshall be kept in repair at the expense of the town, by the\\noverseers of the highways of the districts in which they\\nare respectively located. Upon the written application\\nof five resident taxpayers of any town or twenty resident\\ntaxpayers of the county in which any such town is located\\nto the commissioners of highways, requesting the erection\\nof one or more guide-boards at the intersection of high\u00c2\u00ac\\nways in such town, the commissioner of highways shall\\ncause to be erected at the intersections mentioned in such\\napplication such guide-boards, indicating the direction,\\ndistances and names of the towns, villages or cities to or\\nthrough which such intersecting highways run. Such\\napplication shall designate the highway intersections at\\nwhich such guide-boards are requerted to be erected and", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0051.jp2"}, "52": {"fulltext": "10\\nThe Highway Law op New York.\\nRoad machines and implements.\\nmay contain suggestions as to the inscriptions and devices\\nto be placed upon such boards. The cost of the erection\\nand maintenance of such boards shall be a town charge.\\nIf the commissioner of highways refuses or neglects for a\\nperiod of sixty days after receiving within application to\\ncomply with the request contained in such application, he\\nshall for such neglect or refusal forfeit to the town the sum\\nof twenty-five dollars to be recovered by the supervisor in\\nthe name of the town, and the amount so recovered shall\\nbe set apart for the erection of such guide-boards.\\nRevised from 1 R. S., eh. 16, tit. 1, art. 1, 5, 9, 10; qmended by L. 1895,\\nch. 330.\\nSee notes under 153, post as to penalties for injuring mile-stones and\\nguide-posts.\\nAs to the erection of mile-stones and guide-posts by turnpike or plank-\\nroad corporations, see Transportation Corporations Law, 136, Appendix,\\npost.\\n6. Road machines and implements .\u00e2\u0080\u0094Commis\u00c2\u00ac\\nsioners of highways may, upon the request of one or\\nmore overseers of the highway districts of their town, con\u00c2\u00ac\\ntract for and purchase for such district or districts, upon\\ncredit or otherwise, a good and sufficient scraper and\\nplow, or either of them, and if a majority of the tax\u00c2\u00ac\\npayers of one or more highway districts in any town, rep\u00c2\u00ac\\nresenting more than one-half of the* taxable property in\\nsuch district or in each or such districts, to be ascertained\\nby the last preceding assessment roll and certified to as\\nsuch by the town clerk of the town, petition the commis\u00c2\u00ac\\nsioner or commissioners of highways of such town there\u00c2\u00ac\\nfor, ;such commissioners may together with the super\u00c2\u00ac\\nvisor and overseer or overseers of such district or districts\\ncontract for and purchase upon credit or otherwise, a road\\nmachine for the use of such district or districts, which\\nimplements shall be used, cared for and owned by such", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0052.jp2"}, "53": {"fulltext": "The Highway Law of New York.\\n11\\nRoad machines and implements.\\ndistrict or districts jointly. Such implements shall bo\\npaid for out of the highway tax of the district or districts\\nfor which they are purchased, and may be paid for in\\nannual installments, not exceeding five. If purchased for\\nmore than one district the amount paid by each shall be\\nin proportion to the amount of highway tax; a copy of the\\nnote or contract issued upon the purchase of such imple\u00c2\u00ac\\nments, shall be filed in the office of the town clerk of the\\ntown in which such town or road district is situated, and\\nit shall be the duty of said town clerk to present a state\u00c2\u00ac\\nment of the sum due thereon to the town board at each\\nannual meeting thereafter for the audit of town charges,\\nand the town board shall audit such sum and certify the\\nsame to the board of supervisors of the county. Not more\\nthan one-half of the highway tax of any district shall be\\napplied in payment therefor, in any one year. The por\u00c2\u00ac\\ntion of such tax so applied, shall be required to be paid\\nin money, and be assessed and levied upon the property\\nof such district or districts, and collected in the same\\nmanner as other town charges are assessed, levied and\\ncollected, except that the amount thereof shall be put in\\na separate column upon the tax roll, and the board of\\nsupervisors of the county shall cause the sum certified by\\nthe town board, to be levied upon the taxable property of\\nsuch highway district. Such commissioner of highways\\nshall with the assistance of the overseers of highways, in\\nany road district which is to be charged with the payment\\nfor such machine after the completion of the assessment\\nroll, and ten days before the meeting of the board of\\nsupervisors of the county, make and deliver to the super\u00c2\u00ac\\nvisor of such town a list of the persons in such district or\\ndistricts who are named in the last assessment roll of the\\ntown and chargeable with the payment of a tax for such\\nmachine. The commissioner or commissioners of high\u00c2\u00ac\\nways may, also, with the approval of the town board,", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0053.jp2"}, "54": {"fulltext": "12\\nThe Highway Law op New York.\\nStone crushers and materials.\\npurchase and hold for the use of the town at large, one oi\\nmore road machines, and pay for the same with money\\nappropriated and set apart for highway purposes. It\\nshall be the duty of the commissioner or commissioners of\\nhighways of each town to keep the road machines belong\u00c2\u00ac\\ning to such town, or any road district or districts in such\\ntown in repair, if such repairs are reasonable, and pay the\\nexpenses thereof out of the general highway funds of the\\ntown, and also to provide a suitable place for housing and\\nstorage of all tools, implements and machinery that are\\nowned by the town or by the several highway districts\\nand cause these tools and implements and machinery to be\\nstored therein when not in use. When such repairs upon\\nany road machine belonging to any road district or dis\u00c2\u00ac\\ntricts shall exceed the sum of eight dollars in any one\\nyear, such expense shall be assessed and levied upon the\\nproperty of such districts in the same manner as above\\nprovided for the collection of the purchase money of said\\nmachines, and when collected shall be paid to the com\u00c2\u00ac\\nmissioner or commissioners of highways of said town.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 1, 11, and various amendments\\nthereto. Amended by L. 1895, ch. 586, by L. 1896, ch. 987, and by L. 1898,\\nch. 155.\\nSee L. 1895, ch. 717, Appendix, post, providing that highway commis\u00c2\u00ac\\nsioners, where the money system of highway labor has been adopted,\\nmust file their contracts with the town clerk. See Town Law, 182, as to\\ncontracts being in name of town.\\nRoad scraper left in road by commissioner, held to be an obstruction.\\n{Whitney v Town of Ticonderoga, 127 N. Y. 40.)\\n7 Stone crushers and materials _The town hoard\\nand commissioner or commissioners of highways of any\\ntown may, when authorized by a majority vote of the\\nelectors voting thereon, by ballot, at the annual or at a\\nspecial town meeting, purchase a machine for crushing", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0054.jp2"}, "55": {"fulltext": "The Highway Law of New York.\\n13\\nCustody of stone crushers.\\nstone, to be used, under the direction of the commis\u00c2\u00ac\\nsioner or commissioners of highways of said town, for the\\nimprovement of the highways thereof, and the commis\u00c2\u00ac\\nsioners of highways of any such town may, in any year,\\nwhen authorized by a majority vote of the electors voting\\nthereon, by ballot, at the annual or at a special town\\nmeeting, expend in said year a sum not exceeding two\\nthousand dollars, for the purpose of purchasing stone, and\\nquarrying, breaking, crushing and placing the same on\\nthe highways, in such road district or districts as the\\ntown board may direct and defraying the expenses of\\noperating such machine, and shall present the account\\nand vouchers for said purchases and expenses to the\\ntown board for audit, and the amount audited, together\\nwith the cost of such stone crushing machine, when not\\nbefore included, shall be levied and collected as other town\\naudits.\\nRevised from L. 1884, ch. 220. Amended by L. 1895, ch. 411.\\nSee L, 1895, ch. 499, Appendix, post, authorizing town boards and high\u00c2\u00ac\\nway commissioners to expend additional sums for grading and macada\u00c2\u00ac\\nmizing highways.\\nSee L. 1891, ch. 809, Appendix, post as to the acquisition of gravel beds\\nby condemnation or purchase.\\n8. Custody of stone crushers. \u00e2\u0080\u0094Such machine, when\\npurchased, shall be under the care and custody of the\\ncommissioners of highways of the town; and where there\\nis an incorporated village constituting a separate high\u00c2\u00ac\\nway district, in any town, they may, by an agreement\\nwith the trustees of the village, permit an equitable use\\nof the machine to such separate village district.\\nRevised from L. 1884, ch. 220.\\n9. Additional fate.\u00e2\u0080\u0094Whenever the commissioners of\\nhighways of any town shall determine, that the sum of\\nfive hundred dollars will be insufficient to pay the ex-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0055.jp2"}, "56": {"fulltext": "The Highway Law of New York.\\n14\\nExtraordinary repairs of highways or bridges.\\npenses actually necessary for the improvement of highways\\nand bridges, they may cause a vote to be taken by ballot\\nat any town meeting, to be duly called, authorizing such\\nadditional sum to be raised as they may deem necessary\\nfor such purpose, not exceeding one-third of one per\\ncentum upon the taxable property of the town, as shown\\nby the last assessment roll thereof.\\nRevised from L 1832, eh. 274, and L. 1857, eh. 615, 1.\\nSee Town Law, 33-34, as to method of taking vote. See 130 ff post,\\nand County Law, 60 ff., Appendix, post, as to joint liability of counties\\nand towns for the improvement of bridges. See L. 1890, ch. 291, Appen\u00c2\u00ac\\ndix, post, as to the raising of an additional tax of $300 for the erection of\\nwire fences to prevent snow drifting in highway.\\nAs to power of supervisors to authorize a town, under the County Law,\\nto issue bonds for moneys raised to improve its highways. Ohiglione v.\\nMarsh, 23 App. Div. 61; People v. McIntyre, 154 N. Y. 628; Berlin Bridge\\nGo. v. Wagner, 57 Hun, 346; County Law, 12, 13, 14.)\\nPower of town to raise money by immediate taxation by vote at open\\ntown meeting for improvement of its roads and bridges. Birge v. Berlin\\nBridge Co., 133 N. Y. 477; Berlin Bridge Co. v. Wagner, 57 Hun, 346;\\nHill v. Supervisors, 12 N. Y. 58.)\\nTowns have no general power to borrow money for municipal purposes\\nor to pay town charges. Wells v. Toivn of Salina, 119 N. Y. 280.)\\nThe act of 1857, ch. 615. (Matter of Town Board 26 St. Rep. 285.)\\n10. Extraordinary repair* of highways or\\nbridges .\u00e2\u0080\u0094If any highway or bridge shall at any time be\\ndamaged or destroyed by the elements or otherwise, or\\nbecome unsafe, the commissioner of highways of the town\\nin which such highway or bridge may be, may cause the\\nsame to be immediately repaired or rebuilt, if consented\\nto by the town board, but if the expense thereof\\nexceed five hundred dollars, it shall be done under\\na written contract therefor, which must be ap\u00c2\u00ac\\nproved by the town board, and the commissioners\\nof highways shall present the proper vouchers for the\\nexpense thereof to the town board, at their next annual", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0056.jp2"}, "57": {"fulltext": "The Highway Law of New York.\\n15\\nAuditing expense thereof.\\nmeeting, and the same shall be audited by them and col\u00c2\u00ac\\nlected in the same manner as amounts voted at town\\nmeetings.\\nRevised from L. 1858, ch. 103, 1, as amended by L. 1865, ch. 442, 1.\\nAmended by L. 1895, ch. 606; amended by L. 1899, ch. 84, takinq effect\\nMarch 14, 1899.\\nSee 142, post, as to repairing bridges for which two or more towns are\\njointly liable; 145, post, as to the erection of iron bridges; notes under\\n16, 130, 134, post, as to liability of towns for the repair of bridges.\\nCommissioners of highways have no power to contract a debt against\\nthe town by borrowing money for the repair of roads and bridges. {Barker\\nv. Loomis, 6 Hill, 464; Van Alstyne v. Freday, 41 N. Y. 174; People v.\\nSupervisors, 93 N. Y. 397; People v. Burrell, 14 Misc. 217.)\\nA commissioner of highways has no authority to bind a town, except\\nsuch as is expressly conferred by statute. {Mather v. Crawford, 36 Barb.\\n565.)\\nPower of highway commissioners under this section to borrow money\\nupon the credit of the town to pay for bridges {Boots v. Washburn, 79\\nN. Y. 207.)\\nCommissioners of highways have no general authority to bind a town by\\ntheir contracts save in exceptional cases prescribed by statute. {People ex\\nrel. Everett v. Supervisors, 93 N. Y. 397; Berlin Bridge Co. v. Wagner, 57\\nHun, 346.)\\nAs to what constitutes \u00e2\u0080\u009cconsent of town board.\u00e2\u0080\u009d {People ex rel. State\\nv. Smith, 64 St. Rep. 420.)\\nCommissioners of highways must show that they have attempted to\\navail themselves of this statutory provision, if town is to be relieved from\\nliability to one injured by their neglect to repair a defect in a highway\\nknown to them. {Whitlock v. Town of Brighton, 2 App. Div. 24.)\\nCommissioner of highways has exclusive control of the construction of\\na bridge, after it is ordered by the town board. {People ex rel. Groton\\nBridge Co. v. Town Board, 92 Hun, 587.)\\nWhen town board consents that a commissioner of highways shall con\u00c2\u00ac\\nstruct a bridge, it becomes its duty to audit his bill on the merits when\\nduly presented. {People v. Smith, 83 Hun, 432.)\\nSee Bruner v. Lewis, 22 St. Rep. 93.\\n11. Auditing expense thereof \\\\\u00e2\u0080\u0094The town board\\nmay be convened in special sessions by the super\u00c2\u00ac\\nvisor, or in his absence, by the town clerk, upon", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0057.jp2"}, "58": {"fulltext": "16\\nThe Highway Law of New York.\\nAccounts, how made out.\\nthe written request of any commissioners of high\u00c2\u00ac\\nways, and the bills and expenses incurred in the\\nerection or repairs of any such highways or bridges, may\\nthen be presented to, and audited by the town board; and\\nthe supervisor and town clerk shall issue a certificate, to\\nbe subscribed by them, setting forth the amount so audited\\nand allowed, and in whose favor, and the nature of the\\nwork done and material furnished, and such certificate\\nshall bear interest from its date, and the amount thereof,\\nwith interest, shall be levied and collected in the same\\nmanner as other town expenses.\\nRevised from, L. 1858, ch. 103, 2.\\nMandamus will lie to compel a town board to audit a claim for moneys\\nexpended in rebuilding a bridge by a commissioner of highways who was\\nauthorized so to do under the provisions of 10 of the Highway Law.\\n(People v. Smith 83 Hun, 432; People v. Town Board, 92 Hun, 585.)\\nA town board acts judiciously in determining its liability, and its action\\ncannot be reviewed or controlled by the courts through a writ of man\u00c2\u00ac\\ndamus. {People v. Barnes 114 N. Y. 317.)\\nWhere a town board has consented to the repairing of a bridge it must\\nallow the reasonable expense thereof. People v. Smith, 83 Hun, 432.)\\n12. Accounts 9 how made out .\u00e2\u0080\u0094No account for ser\u00c2\u00ac\\nvices rendered, or material furnished according to the\\nprovisions of this chapter, shall be allowed by such\\nboard unless the same shall be verified in the same man\u00c2\u00ac\\nner as town accounts are required by law to be verified,\\nnor unless the commissioners of highways shall certify\\nthat the service has been actually performed, and the ma\u00c2\u00ac\\nterial was actually furnished, and that the same was so\\nperformed or furnished by the request of such commis-\\nsioners; and the town board may require and take such\\nother proof as they may deem proper, to establish any\\nclaim for such labor and material, and the value thereof.\\nRevised from L. 1858, ch. 103, 3.\\nSee Town Law, 167, as to verification of accounts.", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0058.jp2"}, "59": {"fulltext": "The Highway Law of New York.\\n17\\nUnsafe tollb-ridge.\\n13. Unsafe toll-bridge Whenever complaint in\\nwriting, on oath, shall be made to the commissioners of\\nhighways of any town in which shall be, in whole or in\\npart, any toll-bridge belonging to any person or corpora\u00c2\u00ac\\ntion, representing that such toll-bridge has from any cause\\nbecome, and is unsafe for the public use, such commis\u00c2\u00ac\\nsioners of highways shall forthwith make a careful and\\nthorough examination of such toll-bridge, and if upon the\\nexamination thereof, they shall be of the opinion that the\\nsame has from any cause become dangerous or unsafe for\\npublic use, they shall thereupon give immediate notice to\\nthe owners of such toll-bridge, or to any agent of such\\nowners, acting as such agent, in respect to such bridge,\\nthat they have on complaint made, carefully and thoroughly\\nexamined the bridge, and found it to be unsafe for the\\npublic use. Such owners shall thereupon immediately\\ncommence repairing the same, and cause such repairs to\\nbe made within one week from the day of such notice\\ngiven, or such reasonable time thereafter as may be nec\u00c2\u00ac\\nessary to thoroughly repair the bridge, so as to make it in\\nall respects, safe and convenient for public use; and for\\nneglect to take prompt and effective measures so to repair\\nthe bridge, its owners shall forfeit twenty-five dollars;\\nand shall not demand or receive any toll for using the\\nbridge, until the same shall be fully repaired; and the\\ncommissioners of highways shall cause such repairs to be\\nmade, and the owners of the bridge shall be liable for the\\nexpense thereof, and for the services of the commissioners\\nat two dollars per day; and upon the neglect or refusal to\\npay the same upon presentation of an accouut thereof, the\\ncommissioners of highways may recover the same by\\naction, in the name of the town.\\nRevised from L. 1873, eh. 448.\\n2", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0059.jp2"}, "60": {"fulltext": "18\\nThe Highway Law of New York.\\nUrainage, c., pipes in highway.\\n14. Drainage 9 sewer and water pipes in high\u00c2\u00ac\\nways .\u00e2\u0080\u0094The commissioners of highways may upon written\\napplication of any resident of their town, grant permis\u00c2\u00ac\\nsion to lay and maintain drainage, sewer and water pipes\\nand hydrants under ground, within the portion therein\\ndescribed, of any highway within the town, but not under\\nthe traveled part of the highway, except to cross the\\nsame, for the purposes of sewerage, draining swamps or\\nother lands, and supplying premises with water, upon\\ncondition that such pipes and hydrants shall be so laid as\\nnot to interrupt or interfere with public travel upon the\\nhighway. The consent of the commissioner shall be\\nexecuted in duplicate, signed by him and indorsed with\\nthe written approval of the supervisor and the acceptance\\nof the applicant, and one of such duplicates shall be\\ndelivered to the applicant and the other filed with the\\ntown clerk. The consent shall also contain a provision to\\nthe effect that it is granted on the condition that the appli\u00c2\u00ac\\ncant will replace all earth removed, and leave the high\u00c2\u00ac\\nway in all respects in as good condition as before the laying\\nof said pipes; that the applicant will keep such pipes and\\nhydrants in repair and save the town harmless from all\\ndamages which may accrue by reason of their location in\\nthe highway; that upon notice by the commissioner, the\\napplicant will make any repairs required for the protection\\nor preservation of the highway; that upon his default\\nsuch repairs may be made by the commissioner at the\\nexpense of the applicant, and that such expense shall be\\na lien prior to any other lien upon the land benefited by\\nthe use of the highway for such pipes or hydrants; and\\nthat the commissioner may also, upon the applicant\u00e2\u0080\u0099s\\ndefault, revoke the permission for the use of the highway,\\nand remove therefrom such pipes or hydrants.\\nRevised from L. 1873, ch. 63, as amended by L. 1886, ch. 452. Amended\\nby L. 1897, ch. 204.\\nSee note under 100, post, as to \u00e2\u0080\u009cUses of Highways.\u00e2\u0080\u009d\\nSee Nicoll v. Sands, 131 N. Y. 19.", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0060.jp2"}, "61": {"fulltext": "The Highway Law of New York.\\n19\\nActions for injuries to highways.\\n15. Actions for injuries to highways .\u00e2\u0080\u0094The com\u00c2\u00ac\\nmissioners of highways may bring an action, in the name\\nof the town, against any person or corporation, to sustain\\nthe rights of the public in and to any highway in the\\ntown, and to enforce the performance of any duty enjoined\\nupon any person or corporation in relation thereto, and\\nto recover any damages sustained or suffered or expenses\\nincurred by such town, in consequence of any act or omis\u00c2\u00ac\\nsion of any such person or corporation, in violation of any\\nlaw or contract in relation to such highway.\\nRevised from L. 1855, eh. 255, and L. 1878, cli. 49.\\nSee 153, post and notes thereunder as to penalties for injuries to high\u00c2\u00ac\\nways; 164, post, as to actions by commissioners to recover penalties.\\nSee Town Law, 182, providing that actions be begun in name of town;\\nRailroad Law, \u00c2\u00a711, Appendix, post, as to duty of railroad at intersection\\nwith highway.\\nSee note under 100, post, as to \u00e2\u0080\u009cUses of Highways;\u00e2\u0080\u009d note under 157,\\npost, as to duties of railroads at crossings.\\nAs to duty of railroad in restoring and maintaining highway. {Allen v.\\nBuffalo, c. Co., 151 N. Y. 434.)\\nA railroad corporation, having its rails in a public highway, must lay\\nand keep them so as to cause as little injury as possible. Schild v. R. R.\\nCo., 133 N. Y. 449; Wiley v. Smith, 25 App. Div. 351.)\\nThe restoration of a highway to its former state is a continuous duty,\\nand the right to enforce it is not barred by the Statute of Limitations.\\n{Town of Windsor v. D. H. C. Co., 92 Hun, 127.)\\nCommissioner of highways has no power to dictate to a railroad com\u00c2\u00ac\\npany how it shall restore a highway to its original condition, but is\\nauthorized to maintain an action to enforce the performance of this duty.\\n{Post v. West Shore R. R., 123 N. Y. 580.)\\nDuty of a railroad to restore a highway to its former state does not\\nrelieve a highway commissioner from caring for the approaches to the\\nrailroad crossing. {Bryant v. Town of Randolph, 133 N. Y. 70; Buchholtz\\nv. Railroad, 66 Hun, 377.)\\nSufficiency of a complaint by a town to compel a railroad company,\\nwhich has given notice of its abandonment of a highway, to surrender the\\nwhole. {Town of Palatine v. Railroad Co., 22 App. Div. 181.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0061.jp2"}, "62": {"fulltext": "20\\nThe Highway Law of New York.\\nLiability of towns for defective highways.\\nThe town has a right of action for any injury caused to its bridges, even\\nthough such injury be caused by the state. Bidelman v. State, 110 N. Y.\\n282\\nAs to the liability of a municipal corporation for injuries to a bridge it\\nhas ordered removed. Turnpike Co. v. Buffalo 58 N. Y. 639.)\\nSee People v. Dettmer, 26 App. Div. 327, as to right of Brooklyn park\\ncommissioners to bring an action under this section.\\n16. Liability of towns for defective highways\\nEvery town shall be liable for all damages to person or\\nproperty, sustained by reason of any defect in its high\u00c2\u00ac\\nways or bridges, existing because of the neglect of any\\ncommissioner of highways of such town. No action shall\\nbe maintained against any town to recover such damages,\\nunless a verified statement of the cause of action shall\\nhave been presented to the supervisor of the town, within\\nsix months after the cause of action accrued; and no such\\naction shall be commenced until fifteen days after the\\nservice of such statement.\\nRevised f rom L. 1881, ch. 700, 1.\\nThis section was evidently intended to preserve the law as established\\nby the statute of 1881.\\nSee 4, subd. 1 and 7, ante, as to duty of highway commissioners to\\nrepair highways.\\nSee 104, 105, post, as to liability for encroachments upon highway.\\nThe town in its corporate character has no control over the highways.\\nIt cannot lay out a highway or discontinue one. It is not liable for failure\\nto keep highways in repair. Highways are not the property of the town,\\nand the use is in the public not for the benefit of the inhabitants of the\\ntown alone, but of the whole community. The town exercises but two\\nimportant functions in respect to highways; it elects the commissioners\\nof highways and determines, through the electors in town meeting, what\\nsnm .shall be laised by taxation for the improvement of highways and\\nbridges. The election of commissioners of highways by the town is a\\nconvenient method of designating suitable public agents to discharge the\\nduties imposed for general public purposes upon those officers, and the\\nstate has committed to the portion of the public residing in the locality to", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0062.jp2"}, "63": {"fulltext": "The Highway Law of New York.\\n21\\nLiability of towns for defective highways.\\ndetermine within certain limits what amount of taxation shall be imposed\\nfor the support of highways. These circumstances do not, however, make\\nhighway officers the agents of the town, so as to subject the town to lia\u00c2\u00ac\\nbility for their acts. People v. Auditors of Esopus, 74 N. Y. 310; Morey\\nv. Town of New fane, 8 Barb. 645; Town of FishJcill v. Plankroad Co., 22\\nBarb. 645; Town of Gallatin v. Loucks, 21 Barb. 578; Town of Galen v.\\nPlankroad Co., 27 Barb. 543; Gailorv. Herrick 42 Barb. 79; Peoples. Super\u00c2\u00ac\\nvisors, 93 N. Y. 397; Robinson v. Fowler, 80 Hun, 101; Hughes v. Bingham,\\n135 N. Y. 347.)\\nThe impairment of a public highway may be no less such by an obstruc\u00c2\u00ac\\ntion placed in it than by a physical disturbance. Whitney v. Ticonderoga,\\n127 N. Y. 40.)\\nDuty of a town to see that its streets and highways are in a safe con\u00c2\u00ac\\ndition, is measured by circumstances. Glasier v. Town of Hebron, 131\\nN. Y. 447.) Same held regarding duty of commissioners of highways.\\n(Dow v. Town of Oyster Bay 84 Hun, 510; Clapp v. Town of Ellington, 87\\nHun, 542; Waller v. Town of Hebron, 5 App. Div. 577; Foels v. Town of\\nTonaivanda, 75 Hun, 363.)\\nThe responsibility of the town is measured by the responsibility of the\\ncommissioner, who is chargeable only where the injury is due to his failure\\nto exercise ordinary care in the performance of his duties. Lane v. Toivn\\nof Hancock, 142 N. Y. 510; Riley v. Town of Eastchester, 18 App. Div. 94.)\\nTown is not liable unless upon the same facts its commissioner of high\\nways wmuld have been liable before the passage of the act. Clapper v.\\nTown of Waterford, 131 N. Y. 382; Bryant v. Town of Randolph, 133 N. Y.\\n70; Lane v. Town of Hancock, 142 N. Y. 510.)\\nWhen from the facts of the case a town could not recover over against\\nthe commissioner of highways, the plaintiff in an action to recover damages\\nfor an injury sustained by reason of an alleged defect in the highway,\\ncould not recover against the town. {Waller v. Town of Hebron, 5 App.\\nDiv. 577.)\\nIt is the negligence of the highway commissioners which gives the right\\nof action against their respective towns. Bidwell v. Town of Murray, 40\\nHun, 190; Farman v. Town of Ellington, 46 Hun, 41.)\\nAs to evidence of negligence of town not being evidence of negligence\\nof highway commissioner. {Glasier v. Town of Hebron 41 St. Rep. 752.)\\nLiability of city or village not measured by liability of its highway com\u00c2\u00ac\\nmissioners as in case of town. {Burns v. I onkers, 8o Hun, 211.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0063.jp2"}, "64": {"fulltext": "22\\nThe Highway Law of New York.\\nLiability of towns for defective highways.\\nHowever it may be in cities and in incorporated villages, in towns there\\nmay be defects in highways, very serious ones, without negligence on the\\npart of the commissioner of highways. Where a commissioner has not\\nenough money to repair all the roads in his town, a mistake in judgment\\nafter such careful consideration as the circumstances require is not negli\u00c2\u00ac\\ngence. Patchen v. Town of Walton, 17 App. Div. 158.)\\nIf highway commissioners err in judgment in expending such funds as\\nthey have, when the same are not sufficient to make all needed repairs, the\\ntown is not liable. {Monk v. Town of New Utrecht 104 N.Y. 552.)\\nThis discretion must be reasonably exercised. Ivory v. Town of Deer-\\npark, 116 N. Y. 476.)\\nHighway commissioners are not chargeable with negligence unless they\\nhad knowledge of the necessity of repairing bridges; but they must\\ninspect all bridges and use due diligence to ascertain defects, Hicks v.\\nChaffee, 13 Hun, 293; Lawson v. Woodstock, 20 Weekly Dig. 570; Cousins\\nv. Carncross, 21 Weekly Dig. 435; Bidwell v. Murray, 40 Hun, 190.)\\nCommissioners of highways having the requisite funds in hand or under\\ntheir control, are bound to repair bridges which are out of repair, they\\nhaving notice of their condition; and they are bound to repair them with\\nreasonable and ordinary care and diligence, and if they omit this duty,\\nthey are liable to individuals who sustain special damages from such\\nneglect. Notice to the commissioners may be constructive notice.\\n{Hover v. Barklioof, 44 N. Y. 113; Smith v. Wright, 24 Barb. 176; Mackey\\nv. Locke, 28 St. Rep. 218.)\\nHighway commissioners are liable individually for any injury resulting\\nfrom their own neglect to repair a highway, if they have funds provided\\nfor such a purpose, to any person who has sustained damages. {People v.\\nBoard of Town Auditors, 75 N. Y. 316; Bullock v. Town of Durham, 64\\nHun, 380.)\\nIndividual liability of commissioners for injuries received in conse\u00c2\u00ac\\nquence of failure to repair a highway. {Babcock v. Gifford, 29 Hun, 186;\\nLament v. Haight, 44 How. Pr. 1.)\\nHighway commissioners are liable to persons injured on a bridge out of\\nrepair, when there are funds on hand with which to repair. {Smith v.\\nWright, 24 Barb. 170; s. c., 27 Barb. 621.\\nAs to the indictment of highway commissioners for failing to repair a\\nbridge. {People v. Adsit, 2 Hill, 619; People v. Mohawk Bridge Co., 7\\nAlb. Law Jour. 232.)", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0064.jp2"}, "65": {"fulltext": "The Highway Law of New York.\\n23\\nLiability of towns for defective highways.\\nLiabitily of commissioners for the acts of their predecessors. Gould v.\\nBooth, 66 N. Y. 62.)\\nFor failure to repair a bridge between adjoining towns the highway\\ncommissioners of such towns are jointly liable. Bryan v. Landon, 3\\nHun, 500; Theall v. Yonkers, 21 Hun, 265.)\\nWhere two towns are jointly liable for the care of a bridge under a\\nlegislative act, an action will lie against them jointly for failure to repair.\\n{Oakley v. Mamaroneck, 39 Hun, 448.)\\nIt is not necessary to sue two towns jointly, although they are jointly\\nliable for the negligence of their highway commissioners. Clapp v.\\nTown of Ellington, 87 Hun, 542.)\\nA highway commissioner is negligent in leaving a bridge partly\\nunfinished and in a dangerous condition, even though he be out of funds\\nfor its completion. {Rector v. Pierce, 3 S. C. 416; see, also, Stacy v. Phelps,\\n47 Hun, 54, and Lane v. Wheeler 35 Hun, 606.)\\nLiability of town for existence of snowdrift within one day after ceasing\\nof storm. {Dorn v. Town of Oyster Bay 84 Hun, 510.)\\nCommissioners of highways owe no greater duty in the matter of keep\u00c2\u00ac\\ning a road in repair, to bicyclists than to other travelers. {Sutphen v.\\nTown of Hempstead, 80 Hun, 409.)\\nThe filing with the supervisor of the statement required by this section\\nis a condition precedent to the maintenance of an action. {Borst v.\\nTown of Sharon, 24 App. Div. 599; Reining v. Buffalo, 102 N. Y. 308;\\nCurry v. Buffalo, 135 N. Y. 366.)\\nNo substitute for the statement or waiver thereof will be of effect.\\n{Borst v. Town of Sharon, 24 App. Div. 599.)\\nCondition that a verified statement of the cause of action shall have\\nbeen presented to the supervisor within six months, is not unconstitu\u00c2\u00ac\\ntional. {Olmsteed v. Town of Pound Ridge, 71 Hun, 25.)\\nIn an action against a town for damages, the complaint must allege\\nthat the town had or could obtain funds for repairing its bridges.\\n{Eveleigli v. Hounsfield, 34 Hun, 140; but see Oakley v. Mamaroneck, 39\\nHun, 448\\nIt is a defense to an action for damages against a commissioner of high\u00c2\u00ac\\nways for injuries sustained in consequence of a defective highway to\\nshow that he was without the necessary funds to make the repairs and\\nwithout the power to raise such funds. {Clapper v. Town of Waterford\\n131 N. Y. 382; Barker v. Loomis, 6 Hill, 463; People ex rel. v. Supervisors,", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0065.jp2"}, "66": {"fulltext": "24\\nThe Highway Law of New York.\\nLiability of towns for defective highways.\\n93 N. Y. 397; Hover v. Barkhoof, 44 N. Y. 113; Hines v. City of Lockport,\\n50 N. Y. 236; Monk v. Toivn of New Utrecht, 104 N. Y. 552.)\\nLack of funds to repair is a good defense on the part of highway com\u00c2\u00ac\\nmissioners, and the burden is on them to show it. (Bidwell v. Murray, 40\\nHun, 190; Getty v. Hamlin, 48 Hun, 1.)\\nThe lack of funds for repairs is an affirmative defense to be alleged\\nand proven by the defendant. (Lane v. Town of Hancock, 87 Hun, 623.)\\nWhere the highway commissioners of a town are not furnished with\\nsufficient funds to repair all the highways and bridges of a town, it is\\nwithin their discretion as to which they shall repair and they cannot be\\nheld responsible in a civil action for damages resulting from the fact that\\ncertain highways or bridges are out of repair. (Garlinghouse v. Jacobs,\\n29 N. Y. 297; Smith v. Wright, 27 Barb. 627.)\\nCommissioners not bound to repair either roads or bridges until neces\u00c2\u00ac\\nsary funds are provided. (Barker v. Loomis, 6 Hill, 464.)\\nIn order to make the defense as to funds complete, it must appear not\\nonly that there was a lack of funds, but an inability, by the exercise of\\nreasonable diligence, to obtain them. Section 10 of this act provides for\\nthe raising of funds for extraordinary repairs. (Clapper v. Town of\\nWaterford, 151 N. Y. 389; Whitlock v. Town of Brighton, 2 App. Div. 23;\\nYoung v. Town of Macomb, 11 App. Div. 480; McMahon v. Town of Salem,\\n25 App. Div. 1.)\\nIt is no defense in an action for damages, caused by a defective high\u00c2\u00ac\\nway, that the funds in the hands of the commissioner had been designed\\nfor payment upon ordinary contracts for work. (Rhines v. Town of\\nRoyalton, 40 St. Rep. 662.)\\nThe necessity of barriers along a road is usually a question of fact for\\nthe jury. {Waller v. Town of Hebron, 5 App. Div. 577; Glasier v. Hebron,\\n82 Hun, 311; Burns v. City of Yonkers, 83 Hun, 211; Van Gassbeck v.\\nSaugerties, 82 Hun, 415; Lane v. Town of Hancock, 67 Hun, 623.)\\nThe fact that a road which ascends gradually, which is in excellent con\u00c2\u00ac\\ndition and which experience has not shown to be dangerous, has no guards\\nupon its sides, does not necessarily charge the town with negligence.\\n(Patchen v. Town of Walton, 17 App. Div. 158.)\\nDuty of highway commissioner to care for approaches to a railroad\\ncrossing. {Bryant v. Town of Randolph, 133 N. Y. 70.)\\nThe defendant, a contractor with the state, held liable for failing to", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0066.jp2"}, "67": {"fulltext": "The Highway Law of New York.\\n25\\nLiability of towns for defective highways.\\nproperly safeguard the highway, while constructing a bridge. (Weber v.\\nBuffalo Ry. Co., 20 App. Div. 292.)\\nDiscussion of the liability of a village for failing to guard a dangerous\\nportion of a highway by a railing. Warner v. Village of Randolph, 18\\nApp. Div. 458.)\\nThe existence of an unguarded sluiceway open on each side of a village\\nhighway, which has existed for a number of years and has caused nurner\\nous accidents is itself sufficient evidence of the negligence of the high\u00c2\u00ac\\nway commissioner. Rankert v. Town of Junius, 25 App. Div. 470.)\\nThe fact that before the occurrence of an accident at a defective bridge,\\nthe highway commissioners had procured materials for its repair, and did\\nrepair it on the following day, warrants the inference that they had funds,\\nor means to procure funds, to repair the bridge. (Getty v. Toivn of Hamlin,\\n8 Supp. 191.)\\nt\\nThe fact that a road has been used as a public highway for many years\\nand has been so recognized by town officers, renders the town liable to a\\ntraveller for injuries sustained by reason of negligence of highway com\u00c2\u00ac\\nmissioners to keep it in repair. (Ivory v. Town of Deerparh, 116 N.Y. 476.)\\nTown is not liable for personal injuries caused by the negligence of the\\nhighway commissioner, to a workman, engaged by him, to repair the\\nroad. (Robinson v. Town of Fowler, 80 Hun, 101.)\\nWhere a highway commissioner in making repairs to a highway found\\nit necessary to shut off water from plaintiff s mill and it was shown that\\nhe prosecuted his work with diligence, he is not held liable in damages\\nfor the loss to the mill owner. (Kerr v. Joslin, 49 St. Rep. 257.)\\nAs to the liability of the State in regard to its bridges. (Carpenter v.\\nCohoes 81 N. Y. 21; Schomer v. Rochester, 15 Abb. N. C. 57; Splittorf v.\\nState. 108 N. Y. 205; Woodman v. State, 127 N. Y. 397.)\\nA county is not liable for its neglect to keep a public bridge in repair.\\n(Ensign v. Supervisors of Livingston, 25 Hun, 20.)\\nAlthough the duty of maintaining a bridge is imposed upon a county by\\nspecial act, the county is not liable for damages for injuries arising from\\nthe neglect of the county to make repairs. (Ensign v. Supervisors, 25 Hun,\\n20; see also notes under 130, post; Markey v. County of Queens, 154 N. Y.\\n675.)\\nA city must keep its streets in reasonable repair. (Smith v. Mayor, 17\\nApp. Div. 438.)\\nAs to the liability of villages incorporated under Laws 1870, cli. 291, to", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0067.jp2"}, "68": {"fulltext": "26\\nThe Highway Law of New York.\\nAction by town against commissioners.\\nrepair bridges within their corporate limits. Washburn v. Mt. Kisco, 35\\nHun, 329.)\\nBridges erected by private corporations must be kept in repair by such\\ncorporations; there is no liability of the town. (Roe v. Elmendorf, 52\\nHow. Pr. 232, Evers v. Hudson River Bridge Co 18 Hun, 144; Babcock v.\\nN. Y C. R. R. Co., 20 Weekly Dig. 477; Heacockx. Sherman, 14 Wend. 58;\\nDygert v. Schenck, 23 Wend. 446.)\\nAs to the liability for injuries received upon the New York and Brooklyn\\nBridge. (Walsh v. New York, 107 N. Y. 220; Hannon v. Agnew, 96 N. Y.\\n439; Walsh v. Trustees, c., 96 N. Y. 427.)\\nAs to what evidence is admissible to show that a bridge forming part of\\na city street was controlled by the city. Scliomer v. Rochester, 15 Abb.\\nN. C. 57.)\\nWhen this statute will not be construed to act retrospectively.\\n(Frasier v. Town of Tompkins, 30 Hun, 168; Bullock v. Town of Durham,\\n46 St. Rep. 460.)\\nFurther cases as to the liability of towns and cities for damages arising\\nfrom defective and unsafe highways and bridges. JSlaginnis v. Brooklyn,\\n26 St. Rep. 689; Herrington v. Phoenix, 41 Hun, 270; Langloisx. Cohoes,\\n58 Hun, 226; Wood v. Watertoivn, 58 Hun, 298; Clapp v. Ellington, 51 Hun,\\n58; Phillips v. Macedon, 27 Weekly Dig. 331; Taylor v. Constable, 57 Hun,\\n371; Schomer v. Rochester, 15 Abb. N. C. 57; Carpenter v. Cohoes, 81\\nN. Y. 21; Tierney v. Troy, 41 Hun, 140; Farman v. Town of Ellington 46\\nHun, 41; Clapper v. Town of Waterford, 62 Hun, 170; Stone v. Toivn of\\nPoland, 58 Hun, 21; Bullock v. Town of Durham, 64 Hun, 380; McGuinness\\nv. Town of Westchester, 66 Hun, 356; Smith v. Town of Clarkstown, 69 Hun,\\n155; Oakley v. Town of Mamaroneck, 39 Hun, 448; Read v. Buffalo, 20 Alb.\\nLaw Jour. 55.)\\nSee Waller v. Toivn of Hebron, 5 App. Div. 577; Riley v. Toivn of East-\\nchester, 18 App. Div. 94; Jones v. Utica, 16 Hun, 441.\\n17. Action by town against commissioners .\u00e2\u0080\u0094If a\\njudgment shall be recovered against a town for damages\\nto person or property, sustained by reason of any defect in\\nits highways, or bridges, existing because of the neglect\\nof any commissioner of highways, such commissioner shall\\nbe liable to the town for the amount of the judgment, and", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0068.jp2"}, "69": {"fulltext": "The Highway Law of New York.\\n27\\nAudit of damages without action.\\ninterest thereon; but such judgment shall not be evidence\\nof the negligence of the commissioner in the action\\nagainst him.\\nRevised from L. 1881, ch. 700, 2, 3.\\nSee 4, subd. 1 and 7, ante, as to duty of highway commissioners to\\nrepair highways.\\nSee notes under 16, ante.\\nCode of Civil Procedure, 1931, as to judgments against highway com\u00c2\u00ac\\nmissioners:\\n1931. When execution against officer not to issue. \u00e2\u0080\u0094An execu\u00c2\u00ac\\ntion cannot be issued upon a judgment for a sum of money, rendered\\nagainst an officer in an action or special proceeding brought by or against\\nhim, in his official capacity, pursuant to this article; except where it is\\nrendered against the trustee or trustees of a school district, or the com\u00c2\u00ac\\nmissioner or commissioners of highways of a town. In either of those\\ncases, an execution may be issued against and be collected out of the\\nproperty of the officer, and the sum collected must be allowed to him, in\\nthe settlement of his official accounts, except as otherwise specially pre\u00c2\u00ac\\nscribed by law.\\n18. Audit of damages without action .\u00e2\u0080\u0094The town\\nboard of any town may audit as a town charge, in the same\\nmanner as other town charges are audited, any one claim\\nnot exceeding five hundred dollars, for damages to person\\nor property, heretofore or hereafter sustained by reason of\\ndefective highways or bridges in the town, if in their judg\u00c2\u00ac\\nment it be for the interest of the town so to do; but no\\nclaim shall be so audited, unless it shall have been pre\u00c2\u00ac\\nsented to the supervisor of the town, within six months\\nafter it accrued, nor if an action thereon shall be barred\\nby the statute of limitations. The town board may also\\naudit any unpaid judgment heretofore or hereafter recov\u00c2\u00ac\\nered against a commissioner of highways for any such\\ndamages, if such town board shall be satisfied that he\\nacted in good faith, and the defect causing such damage\\ndid not exist because of the negligence or misconduct of", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0069.jp2"}, "70": {"fulltext": "28\\nThe Highway Law of New York.\\nReports of commissioners.\\nthe commissioner, against whom such judgment shall\\nhave been recovered.\\nRevised from L. 1881, eh. 700, 4, as amended by L. 1889, ch. 146.\\nSee 154, post, as to liability of town for bridge breaking. See Town\\nLaw, 162-170, as to auditing of town charges.\\nNo absolute liability imposed upon towns for all judgments recovered\\nagainst a sole commissioner of highways in actions prosecuted by him in\\nhis official name. The board of town auditors have power to determine\\nwhether the action was rightfully prosecuted.\\nIn determining as to the liability of the town the board acts judicially,\\nand its action cannot be reviewed or controlled by the courts through a\\nwrit of mandamus. (.People v. Barnes 114 N. Y. 317.)\\n19. Reports of commissioners ,\u00e2\u0080\u0094The commissioners\\nof highways of each town shall make to the town board,\\nat its first meeting in each year, a written report stating,\\n1. The labor assessed and performed,\\n2. The sum received by them for penalties, commuta\u00c2\u00ac\\ntions and all other sources, and an itemized account of all\\nmoneys paid out during the year, with receipts in full by\\nthe respective parties to whom such money was paid;\\n3. The improvements which have been made on the\\nhighways and bridges, during the year immediately pre\u00c2\u00ac\\nceding such report, and the state of such highways and\\nbridges; they shall also make at the second meeting of said\\nboard in each year, a statement of the imorovements\\nnecessary to be made on such highways and bridges, and\\nan estimate of the probable expense thereof, beyond what\\nthe labor to be assessed in that year will accomplish; a\\nduplicate of which shall be delivered by the commissioners\\nto the supervisor of the town, who shall present such\\nduplicate statement to the board of supervisors, who\\nshall cause the amount so estimated, not exceeding five\\nhundred dollars in any one year, to be assessed, levied", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0070.jp2"}, "71": {"fulltext": "The Highway Law of New York.\\n29\\nGeneral duties of overseers.\\nand collected, in such town, in the same manner as other\\ntown charges.\\nRevised f rom, 1 R. S., ch. 16, tit. 1, art. 1. 3, 4, as amended by L. 1884,\\nch. 396, and from L. 1873, ch. 395, 7.\\nSee Town Law, 161-162, as to annual meetings of town board. See\\n69, post as to reports of overseers to commissioners.\\nSee Berlin Bridge Co. v. Wagner, 57 Hun, 346.\\n20. General duties of overseers .\u00e2\u0080\u0094Each overseer\\nof highways in every town, shall\\n1. Repair and keep in order the highways within his\\ndistrict.\\n2. Warn all persons and corporations assessed to work\\non the highways in his district, to come and work thereon.\\n3. Cause the noxious wmeds within the bounds of the\\nhighway within his district, to be cut down or destroyed\\ntwice in each year, once before the first day of July, and\\nagain before the first day of September; and the requisite\\nlabor therefor shall be considered highway work.\\n4. Collect all fines and commutation money, and\\nexecute all lawful orders of the commissioners.\\n5. Cause all loose stone lying in the beaten track of\\nevery highway within his district, to be removed once in\\nevery month, from the first day of April until the first\\nday of December, in each year. Stones so removed shall\\nnot be thrown into the gutter, nor into the grass adjoining\\nsuch highways, but they shall be conveyed to some place,\\nfrom which they will not work back or be brought back into\\nthe track by the use of road machines or other implements\\nused in repairing such highways.\\nAmended by L. 1898, ch. 352.\\n6. Cause the monuments erected or to be erected, as the\\nboundaries of highways, to be kept up and renewed, so", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0071.jp2"}, "72": {"fulltext": "30\\nThe Highway Law of New York.\\nOpening obstructed highways.\\nthat the extent of such highway boundaries may be\\npublicly known.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 1, 6, 7.\\nSee 4, subd. 5, 6, ante, as to appointment and duties of overseers; also,\\n21-24, 31, 34, 35, 42, 46, 60-71, post; Town Law, 51, 56, Appendix,\\npost, and Public Officers Law, 10-20, as to official oath and undertaking\\nof overseer; Town Law, 55, Appendix, post, as to penalty for refusal to\\nserve; County Law, 72, Appendix, post, as to erection of highway monu\u00c2\u00ac\\nments by supervisors; 70, 71, post, as to noxious weeds generally; Town\\nLaw, 22, sub. 5, Appendix, post, as to regulation of noxious weeds by\\ntown meeting, and County Law, 12, sub. 7, Appendix, post, as to regu\u00c2\u00ac\\nlation by supervisors; L. 1801, ch. 309, Appendix, post, as to the acquisi\u00c2\u00ac\\ntion of gravel for highway purposes by overseers.\\nOverseers of highways are subordinate officers acting under the direction\\nof the commissioners, who have the general supervision of the subject of\\nthe repair and maintenance of the highways. Farman v. Town of Elling\u00c2\u00ac\\nton, 46 Hun, 41; Bartlett v. Crozier 17 Johns. 439; Smith v. Wright, 27\\nBarb. 621; Day v. Day, 94 N. Y. 159.)\\nThe duty of overseers of highways does not depend upon the direction of\\nthe commissioners to do it. The statute changes the former with it.\\n(McFadden v. Kingsbury, 11 Wend. 667; Farman v. Town of Ellington, 46\\nHun, 41.)\\nHighway officers may not take soil from the land of an owner to use for\\nhighway purposes at other places than on his land. Cotanch v. Grover, 57\\nHun, 272.)\\nThe jurisdiction of overseers in the performance of their duty as to\\nrepairing extends over every part of the highway. Anderson v. Van\\nTassel, 53 N. Y. 631.)\\nAn overseer has no right in making repairs to change a water-course so\\nas to flood the lands of an abutting owner. Moran v. McClearne, 63 Barb.\\n185.)\\nAs to duty of overseer to keep bridge in repair. Taylor v. Town of Con\u00c2\u00ac\\nstable, 57 Hun, 371.)\\n21. Opening obstructed highways .\u00e2\u0080\u0094Whenever\\nthe labor in any district lias been worked out, commuted\\nfor, or returned to the supervisor, and the highways are", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0072.jp2"}, "73": {"fulltext": "The Highway Law of New York.\\n31\\nPenalties against overseers.\\nobstructed by snow, or otherwise, and notice has been\\ngiven to the overseer, in writing, by any two or more in\u00c2\u00ac\\nhabitants of the town, liable to payment of highway tax,\\nrequesting the removal of such obstruction, the overseer of\\nhighways in such district, shall immediately call upon all\\npersons and corporations liable to highway tax therein to\\nassist in removing such obstructions; and such labor, so\\ncalled for by the overseer, shall be assessed upon those\\nliable to perform the same, in proportion to their original\\nassessments. And all persons so called out and failing to\\nappear at the place designated by the overseer, or to com\u00c2\u00ac\\nmute at a dollar a day, within twenty-four hours after due\\nnotice, shall be liable to a fine at the rate of one dollar and\\nfifty cents a day, for each day\u00e2\u0080\u0099s labor they may be\\nrequired to perform, which fine shall be collectible by the\\noverseer, as such, by action in justice\u00e2\u0080\u0099s court, and shall be\\napplied to the purposes specified in this section. The\\noverseer shall be liable to a penalty of five dollars per day\\nfor every day he neglects, without good and sufficient rea\u00c2\u00ac\\nsons, to have such highway opened without delay after\\nreceiving such written notice, the penalty to be collected\\nin justice\u00e2\u0080\u0099s court, by the person first suing for the same,\\nand the penalty shall be paid over to the commissioners of\\nhighways for the use of the town.\\nPrevised from L. 1868, ch. 791, 3, as amended by L. 1869, ch. 593.\\nSee 72, post, as to abatement of highway tax by the removal of fences\\nto prevent snow-drifting. See L. 1890, ch. 291, Appendix, post, as to the\\nerection of wire fences for same purpose.\\n22. Penalties against overseers .\u00e2\u0080\u0094Every overseer\\nof highways who shall refuse or neglect,\\n1. To warn the persons and corporations assessed to\\nwork on the highways, when he shall have been required\\nso to do, by the commissioners or either of them.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0073.jp2"}, "74": {"fulltext": "32\\nThe Highway Law of New York.\\nPenalties, how collected.\\n2. To collect the moneys that may arise from fines or\\ncommutations.\\n3. To perform any of the duties required by this chap\u00c2\u00ac\\nter, or which may be enjoined on him by the commissioners\\nof highways of his town, and for the omission of which no\\nother penalty is provided, shall for every such refusal or\\nneglect, forfeit the sum of ten dollars.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 1, 16.\\nThe only remedy for an injury sustained on account of the neglect of the\\noverseer to repair a bridge is an action for the penalty. A civil action will\\nnot lie. (Bartlett v. Crozicr, 17 Johns. 439.)\\nAn overseer of highways may, upon his own motion, continue to litigate\\nan action brought against him for an official act, after judgment against\\nhim, and demand indemnity from the town for the costs thereafter in\u00c2\u00ac\\ncurred. (People v. Auditors of Esopus 74 N. Y. 310.)\\n23. Penalties, liow collected .\u00e2\u0080\u0094The commissioners of\\nhighways shall prosecute, in the name of the town, every\\noverseer of highways, for any penalties known to the\\ncommissioners to have been incurred by the overseer.\\nThey shall also upon the complaint of any resident of\\nthe town, that any such penalty has been incurred, prose\u00c2\u00ac\\ncute such overseer therefor, if satisfied that the com\u00c2\u00ac\\nplaint is well founded. The costs and expenses incurred\\nby the commissioners in good faith, in such proceedings,\\nshall be a town charge, to be audited by the town board.\\nIf the commissioners refuse or neglect to prosecute for any\\nsuch penalty for thirty days after such complaint shall\\nhave been made, the complainant may prosecute therefor\\nin the name of the town upon indemnifying the town for\\nthe costs and expenses of such prosecution, in such man\u00c2\u00ac\\nner as the supervisor may approve. If the commissioner\\nshall neglect or refuse to prosecute for any such penalty,\\nknowing that the same has been incurred, he shall be\\nliable to a penalty of ten dollars for every such neglect or", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0074.jp2"}, "75": {"fulltext": "The Highway Law jSiew York.\\n33\\nCompensation of overseers.\\nrefusal, to be recovered by action, in the name of the town,\\nbrought by the supervisor, or by any taxpayer of the\\ntown who may indemnify the town, for the costs and\\nexpenses of the action, in such manner as the supervisor\\nmay approve.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 1, 16, 17, 18.\\nSee McFadden v. Kingsbury 11 Wend. 667.\\n24. Compensation of overseers .\u00e2\u0080\u0094If any overseer\\n9hall bo employed more days iu executing the several\\nduties enjoined upon him by this chapter, than he is\\nassessed to work on the highways, he shall b3 paid for the\\nexcess, at the rate of twelve and a half cents per hour for\\neach day, and be allowed to retain the same out of the\\nmoney which may come info his hands under this chapter;\\nbut he shall not be permitted to commute for the days he\\nis assessed, nor be entitled to receive any greater sum as\\ncompensation, pursuant to this section, than the amount\\nof money in his hands applicable thereto.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 1, 13, as amended by L. 1830,\\nch. 803. 1.\\nA mended by L. 1899, ch. 78 taking effect March 14, 1899.\\nS ?3 L. 1870, ch. 311, Appendix, post, as to employment of overseers in\\ndividing a highway on the line between cities or towns.\\n25. Division of town into highway commissioner\\ndistricts. \u00e2\u0080\u0094When a town has determined upon having\\nthree commissioners of highways, the town board may at\\na regular or special meeting thereof divide the town into\\nthree highway commissioner districts, and assign one\\nof such districts to each commissioner of highways.\\nNotice of such division, containing a brief and accurate\\ndescription of the boundaries of each district and the name\\nof the commissioner assigned thereto, shall be published\\nonce a week for two succcessive weeks in a newspaper\\npublished in such town, or if no newspaper be published\\ntherein, such notice shall be posted in at least six conspicu\u00c2\u00ac\\nous places in such town. After a town is divided, the\\n3", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0075.jp2"}, "76": {"fulltext": "34\\nThe Highway Law of New York.\\nDuties of commissioner in each district.\\ncommissioner shall be elected or appointed, so that at all\\ntimes one commissioner shall reside in each district.\\nAdded by L. 1898, ch. 127,\\n26. Duties of commissioner in each district\\nWhen a town is so divided, the commissioners shall appor\u00c2\u00ac\\ntion to each district the moneys raised and collected from\\nthe town at large for highway purposes and the commis\u00c2\u00ac\\nsioner assigned to or residing in a district shall expend\\nthe money so apportioned to his district upon the high\u00c2\u00ac\\nways and bridges situated in or upon the borders thereof.\\nEach commissioner shall cause the highways and bridges\\nin his district to be kept in repair, and shall perform all\\nthe duties relating thereto, which the commissioners of\\nhighways of the town, except for such division, would\\nperform. His powers and duties as to the supervision,\\nrepair, construction and improvements of the highways\\nand bridges within his district shall be exclusive. As to\\nall other powers and duties he shall act in conjunction\\nwith the other commissioners.\\nAdded by L. 1898, ch. 127.\\nf\\nl\\ni", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0076.jp2"}, "77": {"fulltext": "The Highway Law op Hew York\\n35\\nAssesessment for highway labor.\\nARTICLE II.\\nAssessment for Highway Labob#\\nn.\\nSection 30. Meetings of commissioners.\\n31. Lists of inhabitants.\\n32. Non-resident lands.\\n33. Assessments of highway labor, how made#\\n34. Copies of lists delivered to overseers.\\n35. Names omitted.\\n36. Appeals by non-residents.\\n37. Credit on private roads.\\n38. Certain assessments to be separate.\\n89. Tenant to deduct assessment.\\n40. Reassessment in case of neglect\\n41. Omissions of assessors corrected.\\n42. New assessments by overseers.\\n43. Sidewalks and trees.\\n44. Abatement of tax for shade trees.\\n45. Sidewalk tax anticipated.\\n46. Certificate of anticipation.\\n47. Transfer of certificate.\\n48. Abatement of tax for watering trough#\\n49. System of taxation defined.\\n60. Town may change its system.\\n51. Vote thereon.\\n62. When change to take effect.\\n53. Annual tax under money system; certain villages exempt\\ntherefrom.\\n54. (Adoption of county road system.)\\n55. (County engineer.)\\n66. (Expenses, how paid.)\\n57. (Issue of bonds, etc.)\\n58. (County roads under charge of supervisors and county\\nengineer.)\\n(59a. Proceeds of county bonds.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0077.jp2"}, "78": {"fulltext": "36\\nThe Highway Law of New York.\\nMeetings of commissioners.\\nSection 30. Meetings of commissioners ,\u00e2\u0080\u0094The com\u00c2\u00ac\\nmissioners of highways of each town shall meet within\\neighteen days after the annual town meeting, at the town\\nclerk\u00e2\u0080\u0099s office, on such day as they shall agree upon, and\\nafterwards at such other times and places as they shall\\nthink proper.\\nRevised f rom 1 R. S., ch. 16, tit. 1, art. 2, 2 r\\nr 31. T/ists of inhabitants, \u00e2\u0080\u0094Each of the overseers of\\nhighways shall deliver to the clerk of the town, within\\nsixteen days after his appointment, a list subscribed by\\nhim, of the names of all the inhabitants in his highway\\ndistrict, who are liable to work on the highways; and the\\ntown clerk shall deliver such lists to the commissioners\\nof highways.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 2, 21, 23.\\nSee notes under 33, post, as to exemptions from highway taxes.\\nThe provision requiring the overseer to deliver a list to the town clerk\\nis merely directory. His omission to do so does not avoid the assessment\\nmade by the commissioners against persons^liable. Rinehart v. Young, 2\\nLans. 354.)\\nSee Fowler v. Westervelt, 17 Abb. Pr. 59.\\n32. Non-resident lands, The commissioners of\\nhighways in each town, before making the assessment of\\nhighway labor, shall make out a list and statement, of\\nthe contents of all unoccupied lots, pieces or parcels of\\nland within the town, owned by non-residents; every lot\\nso designated, shall be described in the same manner as is\\nrequired from assessors, and its value shall be set down\\nopposite to the description; such value shall be the same\\nas was affixed to the lot in the last assessment-roll of the\\ntown; and if such lot was not separately valued in such\\nroll, then in proportion to the valuation which shall have", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0078.jp2"}, "79": {"fulltext": "The Highway Law of New York.\\n37\\nAssessments of highway labor, how made.\\nbeen affixed to the whole tract, of which such lot shall be\\na part.\\nRevised from 1 R. S., eh. 16, tit. 1, art. 2, 22, as amended by L. 1835,\\neh. 154, 2.\\nSee notes under 33, post.\\nHighway taxes on the lands of non-residents are not required either to\\nbe assessed or to be put on the rolls or to be valued or verified by the\\nboard of assessors. Colman v. Shat tuck 2 Hun, 497.) Nor to be covered\\nby the warrant of the supervisors. Id\\nSee Ensign v. Barse, 107 N. Y. 329; Fowler v. Westervelt, 17 Abb. Pr. 59.\\no 33. Assessments of highway labor, how made\\nThe commissioners of highways shall, at their first or\\nsome subsequent meeting, ascertain, assess and apportion\\nthe highway labor to be performed in their town, in the\\nthen ensuing year, as follows:\\n1. The whole number of days work to be assessed in\\neach year, shall be ascertained, and shall be at least three\\ntimes the number of taxable inhabitants in the town.\\n2. Every male inhabitant being above the age of twenty-\\none years (excepting all honorably discharged soldiers\\nand sailors who lost an arm or a leg in the service of the\\nUnited States, during the late war, or who are unable to\\nperform manual labor by reason of injuries received, or\\ndisabilities incurred in such service, members of any fire\\ncompany formed or created pursuant to any statute and\\nsituated within such town, persons seventy years of age,\\nclergymen and priests of every denomination, paupers,\\nidiots and lunatics), shall be assessed at least one day.\\n3. The residue of such days work, shall be apportioned\\nand assessed upon the estate, real and personal, of every\\ninhabitant of the town, including corporations liable to\\ntaxation therein, as the same shall appear by the last\\nassessment-roll of the town, and upon each tract or parcel\\nof land owned by non-residents of the town contained in", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0079.jp2"}, "80": {"fulltext": "38\\nThe Highway Law of New York.\\nAssessments of highway labor, how made.\\nthe list made by the commissioners, excepting such as are\\noccupied by an inhabitant of the town, which shall be\\nassessed to the occupant. The assessment of labor for\\npersonal property, must be in the district in which the\\nowner resides, and real property in the district where it is\\nsituated, except that the assessment of labor upon the\\nproperty of corporations, may be in any district or districts\\nof the town, and such labor may be worked out or com\u00c2\u00ac\\nmuted for, as if the corporation were an inhabitant of the\\ndistrict, but the real property within an incorporated vil\u00c2\u00ac\\nlage or city, exempted from the jurisdiction of the com\u00c2\u00ac\\nmissioners of highways of the town, and personal property\\nof an inhabitant thereof, shall not be assessed for high\u00c2\u00ac\\nway labor by the commissioners of highways of the town.\\nWhenever the assessors of any town shall have omitted to\\nassess any inhabitant, corporation or property therein,\\nthe commissioners of highways shall assess the same, and\\napportion the highway labor as above provided.\\n4. The commissioners shall affix to the name of each\\nperson named in the lists furnished by the overseers, and\\nof assessable corporations, and to the description of each\\ntract or parcel of land contained in the list prepared by\\nthem of non-resident lands, the number of days which such\\nperson or tract shall be assessed for highway labor, as\\nherein directed, and the commissioners shall subscribe\\nsuch lists, and file them with the town clerk.\\n6. If the commissioners of highways shall neglect for\\none year, after any highway shall have been laid out, and\\ntitle thereto acquired, to open or work the same, or any\\npart thereof, and any inhabitant or corporation of the\\ntown, in or through which the highway runs, shall give\\nten days\u00e2\u0080\u0099 notice to the commissioners of the town, that\\nthey desire to apply the whole or any part of their high\u00c2\u00ac\\nway labor to the working of such highway, the commis\u00c2\u00ac\\nsioners shall assign such inhabitants and corporations to", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0080.jp2"}, "81": {"fulltext": "The Highway Law of New York.\\n39\\nAssessments of highway labor, how made.\\nsuch highway district, direct the highway labor for which\\nthey are annually assessed to be applied to the same, and\\ncause the same to be worked and put in good order for\\nvehicles and travelers within one year, under the direction\\nof any of such inhabitants, whom such commissioners may\\nappoint as an overseer of the labor so to be applied to\\nsuch highway; and when the number of days labor\\nassessed in the current year to such inhabitants, as the\\nannual highway tax, is not sufficient to put such highway\\nin good order, the inhabitants and corporations may antici\u00c2\u00ac\\npate the whole or any part of the highway labor assessed,\\nand to be assessed against them, for a period not exceed\u00c2\u00ac\\ning three years, but from no one of the districts of the\\ntown shall more than one-half of its annual labor be taxed\\nand applied to any highway not embraced in such district.\\nRevised from 1 R. S., eh. 16, tit. 1, art. 2, 19, 22, 24, 32, as variously\\namended. Amended by L. 1898, [eh. 353.\\nSee 62, post, as to the rate per day for labor commuted; L. 1871, ch.\\n171, Appendix, post, as to the assessment of persons owning property\\npartly within city or village; L. 1862, ch. 220, Appendix, post, as to\\nexemption of officers of State Asylum for Idiots; Transportation Corpora\u00c2\u00ac\\ntions Law, 150, Appendix, post, as to highway labor on line of turnpike\\nroad; Indian Law, 94, Appendix, post, as to labor on Indian lands;\\nCounty Law, 93, as to employment of prisoners in county jail upon the\\nhighways; L. 1894, ch, 266, Appendix, post, as to the employment of state\\nprison convicts upon highways; L. 1898, ch. 133, Appendix, post, as to\\nemployment of convicts upon highways in Clinton county.\\nWhere an application is made to commissioners of highways by citizens\\nunder the act of 1853, to be allowed to work out their apportionment of\\nhighway labor upon a plank road, the power to grant the application is\\ndiscretionary with the commissioners, and they cannot be compelled to\\ngrant it. (Buffalo Plank Road Co. v. Commissioners of Highways, 10 How.\\nPr. 237.)\\nA tenant living upon the line of a plank road may make such applica\u00c2\u00ac\\ntion. (People v. Hall, 15 How. Pr. 76.)\\nThe state cannot tax Indian reservation lands for highway purposes#", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0081.jp2"}, "82": {"fulltext": "40\\nThe Highway Law of New York.\\nCopies of lists delivered to overseers.\\n(.Fellows v. Denniston 72 U. S. 761; s. c., 23 N. Y. 420; Indian Law, 6.)\\nThe validity of an assessment for highway labor is not dependent upon\\nthe validity of the last assessment-roll of the towns, for the highway com\u00c2\u00ac\\nmissioners have no discretion in making their assessment for highway\\nlabor to omit any real or personal estate appearing upon the assessment\\nroll. So though the assessment by the assessors may have been void yet\\nthe assessment by the commissioners will stand. {Trustee s v. Morse 56\\nBarb. 380.)\\nLands of nonresidents may be assessed for highway tax though they be\\nwild and unimproved and not occupied or improved by the owner or his\\nagent or servant. {Chamberlain v. Taylor, 36 Hun, 24; Ensign v. Barse,\\n107 N. Y. 329.)\\nWhere the commissioner in levying his tax follows the assessment-roll\\nas herein provided, he is not liable to a plaintiff for the value of labor ren\u00c2\u00ac\\ndered by him in satisfaction of an assessment, although an error had been\\nmade by the assessors. {Hampton v. Hamsher, 124 N. Y. 634.)\\nIn respect to all his land in the town, each inhabitant is to be assessed\\nfor highway labor in the particular road district in which he resides.\\n{Rinehart v. Young 2 Lans. 354.)\\nIt was formerly held that the commissioners could tax only those corpor\u00c2\u00ac\\nations which were assessed on the last assessment-roll of the town. {People,\\nfcc. v. Pierce, 31 Barb. 138.)\\nCorporations not liable to assessment. {Bank of Ithaca v. King, 12\\nWend. 390.)\\nCorporations may be taxed in other districts than that which contains\\ntheir property {Railway Co. v. Supervisors, 67 How. Pr. 5.)\\nPremises must be described with accuracy and precision. {Bayard v.\\nHealy, 20 Johns. 495.)\\nIt is not necessary that the number of the road district or date of the\\ncommissioner s warrant be upon the roll assessing the highway tax.\\n{Chamberlain v. Taylor, 36 Hun, 24; Ensign v. Barse 107 N. Y. 329.)\\nSee Fowler v. Westervelt, 17 Abb. Pr. 59.\\n34. Copies of lists delivered to overseers .\u00e2\u0080\u0094The\\ncommissioners of highways shall direct the clerk of the\\ntown to make copies of such lists, and shall subscribe such\\ncopies, after which they shall cause the several copies to", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0082.jp2"}, "83": {"fulltext": "The Highway Law of New York.\\n41\\nNames omitted.\\nbe delivered to the respective overseers of highways of the\\nseveral districts in which the highway labor is assessed,\\nand the acceptance of the list by any overseer to whom the\\nsame may be delivered, shall be deemed conclusive evi\u00c2\u00ac\\ndence of his acceptance of the office of overseer.\\nRevised from 1 R. S., eh. 16, tit. 1, art. 2, 25, as amended by L. 1863,\\neh. 444.\\nSee Colman v. Shattuck, 2 Hun, 497.\\n35. Names omitted .\u00e2\u0080\u0094The names of persons or cor\u00c2\u00ac\\nporations omitted from any such list, and of new inhabi\u00c2\u00ac\\ntants, shall from time to time be added to the several lists,\\nand they shall be assessed by the overseers in proportion\\nto their real and personal estate to work on the highways\\nas others assessed by 1 commissioners on such lists, sub\u00c2\u00ac\\nject to an appeal to the commissioners of highways.\\nRevised from 1 R. S., eh. 16, tit. 1, art. 2, 26.\\n\u00e2\u0080\u009cNew inhabitants\u00e2\u0080\u009d whose names \u00e2\u0080\u009cshall from time to time be added to\\nthe several lists\u00e2\u0080\u009d are new inhabitants not of the road district but of the\\ntown. {Rinehart v. Young, 2 Lans. 354.)\\nIt was formally held that the assessors could tax only those corporations\\nwhich were assessed on the last assessment-roll of the town. {People v.\\nPierce 31 Barb. 138.)\\nOne who owns land in the same town with his residence, but in a\\ndifferent road district, upon moving his residence to the land without\\nhaving been assessed in respect thereof for highway labor, may be added\\nto the list as a name omitted. {Rinehart v. Young, 2 Lans. 354.)\\nSee Trustees v. Morse, 56 Barb. 380.\\n361 Appeals by non-residents .\u00e2\u0080\u0094Whenever any non\u00c2\u00ac\\nresident owner of unoccupied lands shall conceive himself\\naggrieved by any assessment of any commissioner of\\nhighways, such owner, or his agent, may, within thirty\\ndays after such assessment, appeal to the county judge of\\nthe county in which such land is situated, who shall,", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0083.jp2"}, "84": {"fulltext": "42\\nThe Highway Law oe New York.\\nCredit on private roads.\\nwithin twenty days thereafter, hear and decide such\\nappeal, the owner or agent giving notice to the commis\u00c2\u00ac\\nsioners of highways of the time of the hearing before the\\njudge, and his decision thereupon shall be final and con\u00c2\u00ac\\nclusive.\\nRevised from 1 R. S., ch. 16, tit. 1, art 2, 27, 28.\\n37. Credit on private roads .\u00e2\u0080\u0094The commissioners\\nof highways of each town shall credit to such persons as\\nlive on private roads and work the same, so much on\\naccount of their assessments as the commissioners may\\ndeem necessary to work such private road, or shall annex\\nthe private roads to some of the highway districts.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 2, 29.\\n38. Certain assessments to be separate .\u00e2\u0080\u0094When\u00c2\u00ac\\never the commissioners of highways shall assess the occu\u00c2\u00ac\\npant, for any land not owned by such occupant, they shall\\ndistinguish in their assessment lists, the amount charged\\nupon such land, from the personal tax, if any, of the\\noccupant thereof; but when any such land shall be\\nassessed in the name of the occupant, the owner thereof\\nshall not be assessed during the same year to work on the\\nhighways, on account of the same land.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 2, 30.\\n39. Tenant to deduct assessment .\u00e2\u0080\u0094Whenever any\\ntenant of any land for a less term than twenty-five years,\\nshall be assessed to work on the highways for such land\\nand shall actually perform such work, or commute there\u00c2\u00ac\\nfor, he shall be entitled to a deduction from the rent due\\nor to become due from him for such land, equal to the full\\namount of such assessment, estimating the same at the", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0084.jp2"}, "85": {"fulltext": "The Highway Law of Hew Yoek.\\n43\\nReassessment in case of neglect.\\nrate of one dollar per day, unless otherwise provided for\\nby agreement between the tenant and his landlord.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 2, 31.\\n40. Reassessment in case of neglect .\u00e2\u0080\u0094If it shall\\nappear from the annual return of any overseer of high\u00c2\u00ac\\nways, that any person or corporation who was assessed to\\nwork on the highways (other than non-residents), has\\nneglected to work the whole number of days assessed,\\nand has not commuted for, or otherwise satisfied such\\ndeficiency, the commissioners of highways shall reassess\\nthe deficiency to the person so delinquent, at the next\\nassessment for work for highway purposes, and add it to\\nhis annual assessment; such reassessment shall not exon\u00c2\u00ac\\nerate any overseer of highways from any penalty which he\\nmay have incurred under the provisions of this chapter.\\nRevised from L 1832, ch. 107, 2, 3.\\n41. Omissions of assessors corrected .\u00e2\u0080\u0094Whenever\\nthe assessors of any town shall have omitted to assess any\\ninhabitant or property in their town, the commissioners of\\nhighways shall assess the persons and property so omitted,\\nand shall apportion highway labor upon such persons or\\nproperty, in the same manner as if they had been duly\\nassessed upon the last assessment-roll.\\nRevised from L. 1837, ch. 431, 6.\\nSee note to Hampton v. Hamsher 124 N. Y. 634, under 33, ante.\\n42. New assessments by overseers. \u00e2\u0080\u0094When the\\nquantity of labor assessed on the inhabitants of any district\\nby the commissioners of highways, shall be deemed insuffi\u00c2\u00ac\\ncient by the overseer of the district to keep the highways\\ntherein in repair, such overseer shall make another assess\u00c2\u00ac\\nment on the actual residents of the district, in the same\\nproportion, as near as may be, and not exceeding one-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0085.jp2"}, "86": {"fulltext": "44\\nThe Highway Law of New York.\\nSidewalks and trees.\\nthird of the number of days assessed in the same year by\\nthe commissioners, on the inhabitants of the district; and\\nthe labor so assessed by an overseer, shall be performed or\\ncommuted for in like manner, as if the same had been\\nassessed by commissioners of highways.\\nRevised f rom 1 R. S eh. 16, tit. 1, art. 1, 8.\\nLiability of town or village for failure to keep road in repair, it being\\npossible to have suitably assessed labor for such repairs under this section.\\n(Farman v. Town of Ellington 4G Hun, 41 Weed v. Village of Ballston\\nSpa., 76 N. Y. 329 People ex rel. Everett v. Supervisors, 93 N. Y. 397.)\\n43. Sideivalks and trees The commissioners of\\nhighways may, by an order in writing duly certified by a\\nmajority of them, authorize the owners of property adjoin\u00c2\u00ac\\ning the highways, at their own expense, to locate and\\nplant trees, and locate and construct sidewalks along the\\nhighways in conformity with the topography thereof,\\nwhich order, with a map or diagram showing the location\\nof the sidewalk and tree planting, certified by the commis\u00c2\u00ac\\nsioners, shall be filed in the office of the clerk of the town\\nwhere the highway is located, within ten days after the\\nmaking of the order.\\n*(R. S., p. 1400, post, p. 917.)\\nRevised from L. 1881, eh. 233.\\nSee 156, post; L. 1881, ch. 344, Appendix, post, providing a penalty for\\nthe mutilation of shade trees.\\nOn the side of the road the land owner has substantial rights of prop\u00c2\u00ac\\nel ty both in the surface and in the soil. In addition to the ordinary ease\u00c2\u00ac\\nments of light, air and access, he may, on a country highway, plant shade\\ntrees, cultivate the sides of the road and do anything to improve or\\nbeautify it or his own property so long as his acts do not impair the public\\nright of passage. The state not only invites him to plant trees, but it\\nencourages him to do so by granting to those who do this a substantial\\nreduction in their road tax. (Palmer v. Larehmont Electric Co., 6 App\\nDiv. 12; Jackson v. Hathaway, 15 Johns. 447; Highway Law, 44.)\\n*So in the original.", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0086.jp2"}, "87": {"fulltext": "The Highway Law of New York.\\n45\\nAbatement of tax for shade trees.\\nThe setting out of trees along the side of a highway has from time\\nimmemorial been recognized as a proper use of a highway. Edsall v.\\nHowell 86 Hun, 424.\\nUnder L. 1863, ch. 93, repealed hereby, owners of lands fronting on\\nhighways were given power to set out trees and make sidewalks without\\nan order of the highway commissioners. By the saving clause of this\\nact, 181, no act done or right acquired before it took effect, shall be\\naffected. Edsall v. Howell 86 Hun, 424.)\\nSidewalks are, as has repeatedly been held, a part of the highway. The\\nowner of adjoining territory has no greater duty in regard to keeping\\nsidewalks in repair than he has in regard to other parts of the\\nhighway, unless such duty has been imposed upon him by some statute\\nor contract. Therefore he is not liable for injuries resulting from a\\ndefective sidewalk. Village of Fulton v. Tucker, Hun, 529; see, also,\\nClapper v. Town of Waterford 131 N. Y. 382.)\\nThe setting out of trees or the building of a sidewalk in a highway by\\nthe owner of adjoining lands, is not an adverse possession as against the\\ntrue owner of the fee in the highway. Bliss v. Johnson 94 N. Y. 235.)\\n44. Abatement of tax for shade trees .\u00e2\u0080\u0094Any in\u00c2\u00ac\\nhabitant liable to highway tax, who shall hereafter, pur\u00c2\u00ac\\nsuant to such an order, transplant by the side of the high\u00c2\u00ac\\nway adjoining his premises, any forest shade trees, fruit\\ntrees, or any nut bearing trees, suitable for shade trees,\\nshall be allowed by the overseers of the highways, or other\\nofficer having charge of the highway, in abatement of his\\nhighway tax, one dollar for each four trees set out; but\\nall trees must have been set out the year previous to such\\nallowance, and be living and well protected from animals\\nat the time of the allowance, and not further than eight\\nfeet from the outside line of any highway three rods wide,\\nand not more than one additional foot further therefrom,\\nfor each additional rod in width of highway, and not less\\nthan seventy feet apart, on the same side of the highway,\\nif elms, or fifty feet, if other trees; trees transplanted by\\nthe side of the highway, in place of trees which have\\ndied, shall be allowed for in the same manner. Such", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0087.jp2"}, "88": {"fulltext": "46\\nThe Highway Law of New York.\\nSidewalk tax anticipated.\\nabatement of highway tax to any person, shall not exceed\\none-quarter of his annual highway tax in any one year;\\nbut such abatement shall be allowed by the overseers of\\nhighways, or other officers having charge of the highway,\\nannually, until it shall have equalled the whole number\\nof trees set out, at the rate herein specified.\\nRevised from L. 1883, ch. 371.\\nSee notes under 43, ante.\\n45. Sidewalk tax anticipated .\u00e2\u0080\u0094The commissioners\\nof highways of any town, may, upon the written applica\u00c2\u00ac\\ntion of a majority of the inhabitants in any highway dis\u00c2\u00ac\\ntrict, subject to assessment for highway labor therein,\\nauthorize not more than one-quarter of the highway labor\\nof the district, or of the commutation money received\\ntherefor, to be expended under the direction of the over\u00c2\u00ac\\nseer of highways of the district, in the construction, repairs\\nand improvement of any sidewalks within the limits of the\\ndistrict, and may by writing signed by them, filed with\\nthe town clerk, authorize not more than one-fourth of the\\nhighway labor of the district, to be anticipated for not\\nmore than three years, for constructing, improving or\\nrepairing any such sidewalk; and thereupon any person\\nor corporation, assessed for highway labor in the district,\\nmay, for such purpose, anticipate his or its assessment for\\nhighway labor for the term prescribed by the commis\u00c2\u00ac\\nsioners, and may perform such labor, under the direction\\nof the overseer, within such time, or commute therefor.\\nRevised from L. 1880, ch. 305, 1, as amended by L. 1884, ch. 479.\\n46. Certificate of anticipation .\u00e2\u0080\u0094The overseer shall\\ngive to such person or corporation, upon the performance\\nof such labor or commutation therefor, a certificate signed\\nby him, showing the number of days labor so anticipated\\nand worked, or commuted for by such person or corpora-", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0088.jp2"}, "89": {"fulltext": "The Highway Law of New York.\\n47\\nTransfer of certificate.\\ntion; and in each succeeding year, upon presentation of\\nsuch certificate, the person or corporation shall be credited\\nand allowed by the overseer of highways, with the per\u00c2\u00ac\\nformance of the number of days labor assessed for such\\nyear, until the credit shall equal the number of days\\nstated in the certificate to have been anticipated, and\\nshall endorse thereon a statement signed by him, showing\\nthe credit and allowance.\\n\u00e2\u0096\u00a0Revised from L. 1880, eh. 305, 2.\\n47. Transfer of certificate .\u00e2\u0080\u0094Such certificate may\\nbe transferred to any grantee, upon a voluntary grant of\\nthe real property upon which such highway labor is assess\u00c2\u00ac\\nable, and if such real property is transferred otherwise\\nthan by voluntary grant, it shall be deemed to have been\\ntransferred to the person succeeding thereto, and in the\\nhands of any such transferee, it shall have the same effect\\nas when held by the original owner.\\nj Revised from L. 1880, eh. 305, 3.\\n48. Abatement of tax for watering trough\\nThe commissioners of highways shall annually abate three\\ndollars from the highway tax of any inhabitant of a high\u00c2\u00ac\\nway district, who shall construct on his own land therein,\\nand keep in repair a watering trough beside the public\\nhighway, well supplied with fresh water, the surface of\\nwhich shall be two or more feet above the level of the\\nground, and easily accessible for horses with vehicles; but\\nthe number of such watering troughs in the district, and\\ntheir location, shall be designated by the commissioners.\\nIn a town in which the highways are worked or repaired\\nby the money system of taxation, the commissioners of\\nhighways shall annually issue to each person to whom", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0089.jp2"}, "90": {"fulltext": "48\\nThe Highway Law of New York.\\nSystem of taxation defined.\\nsuch an abatement is allowed, a certificate specifying the\\namount thereof.\\nRevised from L. 1869, ch. 131, 1, as amended by L. 1872, eh. 274, 1.\\nAmended by L. 1897, ch,. 227, 1.\\nSee L. 1869, ch. 131, Appendix, post as to abatement of plank road tolls\\nfor establishing watering troughs.\\n49. System of taxation defined .\u00e2\u0080\u0094The system of\\ntaxation for working and repairing highways, as herein\u00c2\u00ac\\nbefore provided, shall be known as \u00e2\u0080\u009cThe Labor System of\\nTaxation,\u00e2\u0080\u009d and the system hereinafter provided, shall\\nbe known as \u00e2\u0080\u009cThe Money System of Taxation.\u00e2\u0080\u009d\\nNew.\\n50. Town may change its system .\u00e2\u0080\u0094Any town\\nmay change its system of taxation for working and repair\u00c2\u00ac\\ning its highways, by complying with the following pro\u00c2\u00ac\\nvisions relating thereto.\\nRevised from L. 1873, ch. 395, 1.\\n51. Yote thereon. Upon the written request of\\ntwenty-five taxpayers of any town, the electors thereof may, at\\na special or biennial town meeting vote by ballot upon the ques\u00c2\u00ac\\ntion of changing the system of taxation for working the high\u00c2\u00ac\\nway but no person residing in an incorporated village or city,\\nexempted from the jurisdiction of commissioners of highways\\nof the town, shall sign such request, or vote upon such question.\\nRevised from L. 1873, ch. 395, sec. 2. Amended by L. 1895, ch. 386, and\\nL. 1900, ch. 25, taking effect February 25, 1900.\\n52. TYhen change to take effect. ^Vhen a town shall\\nhave voted to change the system of working and repairing\\nthe highways, as herein provided, such change shall not\\ntake effect until the next annual meeting of the board of", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0090.jp2"}, "91": {"fulltext": "The Highway Law of New York.\\n49\\nAnnual tax under money system; certain villages exempt therefrom.\\nsupervisors, after the town meeting at which it was\\ndecided to make the change; and until such annual\\nmeeting of the board of supervisors the former system of\\nrepairing highways shall remain in force in such town.\\nIn each town of Westchester county such change shall be\\nfor a term not less than five years.\\nRevised from L. 1873, ch. 395, 10, as amended by L. 1888, ch. 240.\\nAmended by L. 1895, ch. 386.\\n53. Annual tax under money system; certain\\nvillages exempt therefrom .\u00e2\u0080\u0094Any town voting in favor\\nof the money system, shall annually raise by tax, to be\\nlevied and collected the same as other town taxes, for the\\nrepair of the highways, an annual sum of money, which\\nshall be equal to at least one-half the value at the com\u00c2\u00ac\\nmutation rates, of the highway labor which should be\\nassessable under the labor system; but in any town in\\nwhich there may be an incorporated village, which forma\\na separate road district, and wherein the roads and streets\\nare maintained at the expense of such village, all property\\nwithin such village shall be exempt from the levy and\\ncollection of such tax for the repair of highways of such\\ntown; and the assessors of such town are hereby required\\nto indicate on the assessment roll the property included in\\nsuch incorporated village, in a column separate from that\\ncontaining a list of the property in the town not included\\nin such village; and shall also place on the assessment roll\\nthe names of all persons liable to poll tax who are not resi\u00c2\u00ac\\ndents of such village, and the board of supervisors are\\ndirected to levy a tax of one dollar on each person liable to\\npoll tax as thus indicated; but this act shall not apply to\\nassessments made for damages and charges for laying out\\nor altering any road, or for erecting or repairing any\\nbridge in such town. The amount of such tax shall be\\n4 _ J", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0091.jp2"}, "92": {"fulltext": "The Highway Law of Hew York.\\n50\\ni\\nAdoption of county road system.\\ndetermined by the commissioners of highways and the town board, who\\nshall certify the same to the board of supervisors, the same as any other\\ntown charge. The clerk of the board of supervisors of each county con\u00c2\u00ac\\ntaining a town which has voted for the money system shall, on or before\\nthe first day of January of each year transmit to the state comptroller a\\nstatement certified by him, and signed and verified by the chairman of such\\nboard, stating the name of each town so voting, and the amount of money\\ntax levied therein for the repair of highways during the preceding year.\\nThe comptroller shall draw his warrant upon the state treasurer in favor\\nof the treasurer of the county in which such town is situated, for an\\namount equal to twenty-five per centum of the amount so levied in each\\ntown. The county treasurer shall pay out the amount so paid to him on\\naccount of the money tax levied in any such town upon the order of the\\nhighway commissioner thereof, to be used by him, for the repair and per\u00c2\u00ac\\nmanent improvement of such highways therein, and in such manner as\\nthe commissioner of highways and town board may determine. The sum\\npaid by the state to any town by virtue of this section shall not exceed, in\\nany one year, one-tenth of one per centum of the taxable property of such\\ntown.\\nRevised from L. 1873, ch. 395, secs. 3, 4, as amended by L. 1874, ch. 169,\\nand by L. 18S9, ch. 259. Amended by L. 1893, ch. 412, and by L. 1898,\\nch. 351.\\nSee L. 1871, ch. 171, Appendix, post, providing for the assessment on real\\nestate lying partly within village limits.\\nSee L. 1895, ch. 717, Appendix, post, providing that all highway com\u00c2\u00ac\\nmissioners of towns using the money system of taxation shall file their\\ncontracts with the town clerk.\\n53a. Duty of highway commissioners in towns \u00e2\u0080\u0094In towns where\\nthe money system of taxation has been adopted for working highways, it\\nshall be the duty of each owner of lands situated along a highway to cut\\nthe noxious weeds and brush growing along the sides of the highway front\u00c2\u00ac\\ning his lands, at least twice in each year, once before the first day of July,\\nand again before the first day of September. If the owner fails to cut such\\nweeds or brush as provided in this section, the commissioner of highways\\nof the town in which such owner resides shall cause the same to be done,\\nand shall give such owner notice in writing stating that at a specified time\\nand place the commissioner will assess the cost thereof against such owner\\nso neglecting, and return the same to the town board of his town at the\\nmeeting held on the Thursday next preceding the annual meeting of the\\nboard of supervisors, stating the name of each owner, and the amount\\nassessed against him. The town board shall certify the amount of the\\nassessment made by the highway commissioner to the board of supervisors.\\nThe board of supervisors shall cause the amount so returned to them by the\\nCw\u00c2\u00bb", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0092.jp2"}, "93": {"fulltext": "The Highway Law of Hew York.\\n51\\nCounty Engineer.\\ntown board to be levied against such delinquent owner and added to his\\nhighway tax for the next ensuing year.\\nInserted by L. 1900, eh. 516, in effect April 19, 1900.\\n54. (Adoption of county road system.) The board of super\u00c2\u00ac\\nvisors of any county may, by a vote of a majority of the members thereof,\\nby resolution, adopt the county road system, and shall as soon as practic\u00c2\u00ac\\nable after the adoption of such resolution, cause to be designated as county\\nroads, such portions of the public highways in such county as they shall\\ndeem advisable, outside of the limits of any city in such county, and shall\\ncause such designation and a map of such county roads to be filed in the\\nclerk\u00e2\u0080\u0099s office of such county; the roads so designated shall, so far as prac\u00c2\u00ac\\nticable, be leading market roads in such county.\\nAdded by L. 1893, ch. 333. Amended by L. 1895, ch. 375.\\nSee County Law, 61, Appendix, post, as to the laying out of county\\nroads by the board of supervisors.\\n55. (County engineer .)\u00e2\u0080\u0094There shall be a county\\nengineer in every such county, who shall be appointed by\\nthe board of supervisors thereof, and be removable at its\\npleasure. The term of office of each county engineer\\nshall be three years, unless sooner removed, and his salary\\nshall be fixed by the board of supervisors and be a county\\ncharge.\\nAdded by L. 1893, ch. 333.\\n56. Expenses 9 how paid .)\u00e2\u0080\u0094The expenses of im\u00c2\u00ac\\nproving, repairing and maintaining the county roads of\\neach county, shall be a county charge, and in any county\\nin which during the past five years there has been ex\u00c2\u00ac\\npended at least the sum of five hundred thousand dollars\\nfor macadamizing purposes, the expense of constructing,\\nimproving, maintaining and repairing such county roads,\\nshall be annually apportioned by the board of supervisors\\nof the county, upon the various towns and cities within\\nthe county, as the said board may deem just. The money\\nnecessary to improve, repair and maintain the county\\nroads or to pay the principal and interest of any bonds", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0093.jp2"}, "94": {"fulltext": "52\\nThe Highway Law of New York.\\nIssue of bonds, etc.\\nissued as provided in the next section, shall be levied and\\ncollected at the same time and in the same manner as\\nmoney for other county charges is levied and collected.\\nThe board of supervisors shall designate the amount of\\nmoney to be expended upon each county road, and may\\nmake rules and regulations for the government of the\\ncounty engineer and regulating the expenditure of such\\nmoney.\\nAdded by L. 1893, ch. 333. Amended by L. 1895, eh. 375.\\n57. (Issue of bonds 9 etc ,)\u00e2\u0080\u0094The board of supervisors\\nof such county may borrow money from time to time for\\nthe construction, maintenance and repair of the county\\nroads in such county, and may issue the bonds or other\\nevidences of indebtedness of the county therefor; but such\\nbonds or other evidences of indebtedness shall not bear a\\nrate of interest exceeding five per centum per annum, and\\nshall not be for a longer term than twenty years, and\\nshall not be sold for less than par.\\nAdded by L. 1893, ch. 333.\\n58. (County roads under charge of supervisors\\na/nd county engineer ,)\u00e2\u0080\u0094The county roads in any county\\nshall be exclusively under the jurisdiction of the board\\nof supervisors and the county engineer of the county, and\\nexempt from the jurisdiction of the highway officers or\\nofficers performing the duty of highway commissioners of\\nthe several towns and villages in which such county\\nroads are located. The system of taxation for working\\nand repairing the highways other than the county roads\\nin a town in a county in which the county road system is\\nadopted, shall be the money system of taxation, provided,\\nhowever, that in the county of Queens, the system as now\\nprovided by special act shall be continued.\\nAdded by L. 1893, ch. 333. Amended by L. 1S95. ch. 375.", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0094.jp2"}, "95": {"fulltext": "The Highway Law of New York.\\n53\\nProceeds of county bonds.\\n59a. (.Proceeds of county bonds .)\u00e2\u0080\u0094If the proceeds\\nof any county bonds issued for the construction of certain\\nspecified highways shall exceed the amount necessary for\\nthe construction of said highways, the board of super\u00c2\u00ac\\nvisors may, in their discretion, apply such excess or any\\npart thereof to the construction and improvement of other\\nrcxids already adopted into the county road system; or to\\nthe maintenance of the roads for the construction of\\nwhich said bonds were issued; or to the payment of\\ninterest or principal, or both, of said bonds.\\nAdded by L. 1898, ch. 641,\\nV*", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0095.jp2"}, "96": {"fulltext": "54\\nThe Highway Law of New York.\\nDuties of overseers.\\nARTICLE III.\\nThe Duties of Overseers of Highways, and the Per\u00c2\u00ac\\nformance of Highway Labor.\\nSection 60. Notice to work.\\n61. Notice to non-residents.\\n62. Commutation.\\n63. Teams and implements.\\n64. Substitutes.\\n65. Penalties for neglect to work or commute.\\n66. Assessment for unperformed labor.\\n67. Penalty for refusal of overseer to provide list.\\n68. Collection of arrearages for unperformed labor.\\n69. Annual return of overseers.\\n70. Noxious weeds in highway.\\n71. Overseers to notify occupant to remove weeds.\\n72. Abatement of tax for removal of fence.\\n73. Abatement of tax for street lamps.\\n74. Rebate of tax for using wagon tires of certain width.\\nSection 60. Notice to work. \u00e2\u0080\u0094Every overseer of high\u00c2\u00ac\\nways shall give at least twenty-four hours notice to all\\nresidents of his district, and corporations assessed to work\\nupon the highways therein, of the time and place at which\\nthey are to appear for that purpose, and with what teams\\nand implements, and that they will be allowed at the\\nrate of one day for every eight hours of work on the high\u00c2\u00ac\\nways, between seven o clock in the forenoon and six\\no\u00e2\u0080\u0099clock in the afternoon. The notice to corporations shall\\nbe served personally on an agent thereof residing in the\\ntown, if any, or if none, by filing the notice in the office\\nof the town clerk, at least five days before the labor shall\\nbe required; and any number of days not exceeding fifty,", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0096.jp2"}, "97": {"fulltext": "The Highway Law of New York.\\n65\\nNotice to non-residents.\\nmay be required to be performed by any such corporation\\nin any one day.\\nRevised from L. 1837, ch. 431, 2, and from 1 R. S., ch. 16, tit. 1, art.\\n3, 32, as amended by L. 1876, ch. 348.\\nSee Rinehart v. Young 2 Lans. 354.\\n61. Notice to non-residents. \u00e2\u0080\u0094Every overseer of\\nhighways shall give at least five days\u00e2\u0080\u0099 notice to every resi\u00c2\u00ac\\ndent agent of every non-resident land-holder, whose lands\\nare assessed, of the number of days such non-resident is\\nassessed, and the time and place at which the labor is to\\nbe performed. If the overseer cannot ascertain that such\\nnon-resident has an agent within the town, he shall file\\na written notice in the office of the town clerk, at least\\ntwenty days before the time appointed for performing such\\nlabor, containing the names of such non-residents, when\\nknown, and a description of the lands assessed, with the\\nnumber of days\u00e2\u0080\u0099 labor assessed on each tract, and the time\\nand place at which the labor is to be performed.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 3, 33, 34.\\nSee 4, sub. 6, ante as to the commissioners requiring such notice to be\\ngiven; 34, ante, as to delivery of taxable list to overseers.\\n62. Commutation. \u00e2\u0080\u0094Every person and corporation\\nshall work the whole number of days for which he or it\\nshall have been assessed, except such days as shall be\\ncommuted for, at the rate of one dollar per day, and such\\ncommutation money shall be paid to the overseers of high,\\nways of the district in which the labor shall be assessed,\\nwithin at least twenty-four hours before the time when the\\nperson or corporation is required to appear and work on\\nthe highways; but any corporation must pay its commu\u00c2\u00ac\\ntation money to the commissioners of highways of the\\ntown, who shall pay the same to the overseers of the dis\u00c2\u00ac\\ntricts respectively, in which the labor commuted for was", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0097.jp2"}, "98": {"fulltext": "56\\nThe Highway Law of Hew York.\\nTeams and implements.\\nassessed except in the counties of Rensselaer, Chemung, Onondaga, Colum\u00c2\u00ac\\nbia, Otsego, Chautauqua, Chenango, Madison, Wayne, Erie, Franklin, Sul\u00c2\u00ac\\nlivan, Tioga, Saratoga, Broome, Orange, Ontario, Genesee, Essex, Schenec\u00c2\u00ac\\ntady, Livingston, Schuyler, Monroe, Oneida, Niagara, Orleans and Jefferson,\\nwhere such commutation money shall be paid on or before the first day of\\nJune of each year, to the commissioner or commissioners of highways of\\nthe town in which the labor shall be assessed, and such commutation money\\nshall be expended by the commissioner or commissioners of highways upon\\nthe roads and bridges of the town as may be directed by the town board.\\nRevised from L. 1837, eh. 431, sec. 3; from L. 1877, ch. 344, sec. 1, as\\namended by L. 1878, ch. 44; from 1 R. 8., ch. 16, tit. 1, art. 3, secs. 35, 36,\\nas variously amended; from L. 1866, ch. 770, sec. 1. Amended by L. 1895,\\nch. 579, by L. 1896, ch. 973, by L. 1897, ch. 334, L. 1899, ch. 345, and L.\\n1900, ch. 153, taking effect March 16, 1900.\\nSee 33, sub. 3, ante as to commutation by corporation.\\nUnder laws of 1873, ch. 431, an overseer of highways had a right to\\napply and expend all commutation moneys received from individuals\\nresiding in his district on the roads and bridges in that district; but ha\\nhad no right without authority from the commissioners, to expend any\\npart of the commutation money received from moneyed or stock corpor\u00c2\u00ac\\nations; for the commissioners were given control over such moneys, and\\nmight expend them in any district in the town.\\nThe money might be paid in the first instance to one of the commis\u00c2\u00ac\\nsioners; if it were paid to an overseer, he received for them and it was his\\nduty to pay it over to them. Failing to perform this duty, they were\\nentitled to demand it.\\nSomething similar now seems to be the law in certain counties, as seen\\nby the above section. Fowler v. Westervelt 40 Barb. 374.)\\nSee People ex rel. Scott v. Supervisors, 8 N. Y. 325.\\n63. Teams and implements .\u00e2\u0080\u0094Every overseer of\\nhighways may require a team, or a cart, wagon or plow,\\nwith a pair of horses or oxen, and a man to manage them,\\nfrom any person having the same within his district, who\\nshall have been assessed three days or more, and who\\nshall not have commuted for his assessment; and the per-", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0098.jp2"}, "99": {"fulltext": "The Highway Law of New York.\\n67\\nSubstitutes.\\nson furnishing the same upon such requisition, shall be\\nentitled to a credit of three days for each day s service\\ntherewith.\\nRevised from 1 R. Sch. 16, tit. 1, art. 3, 37.\\n64. Substitutes .\u00e2\u0080\u0094Every person or corporation assessed\\nto work on the highways, and warned, who does does* not\\ncommute therefor, may appear in person or by an able\\nbodied man as a substitute. A day s labor shall be eight\\nhours of work, and every person or corporation assessed\\nmore than, one day shall be allowed to work ten hours in\\neach day.\\nRevised from 1 R. Sch. 16, tit. 1, art. 3, 38 as amended by L. 1880, ch,\\n808, 3.\\n65. Penalties for neglect to work or commute.\u00e2\u0080\u0094\\nEvery person or corporation assesed highway labor, who\\nshall not commute, and who shall not appear and\\nwork when duly notified, shall be liable to a\\npenalty of one dollar and fifty cents for every day\\nhe shall so fail to appear and work; and for wholly omit\u00c2\u00ac\\nting to comply with any requisition to furnish a team,\\ncart, wagon, implements and man, he shall be liable to\\na penalty of five dollars for each day s omission, and for\\nomitting to furnish either a cart, wagon, plow, team or\\nman to manage the team, he shall be liable to a penalty\\nof one dollar and fity cents for each day s omission; and if\\nany person shall after appearing, remain idle, or not work\\nfaithfully, or hinder others from working, he shall be lia\u00c2\u00ac\\nble to a penalty at the rate of one dollar and fifty cents a\\nday for each hour. The penalties herein imposed, may\\nbe recovered by action by the overseer of highways as\\nsuch, and, when collected, shall be expended or disposed\\nof by the overseer in the same manner as commutation\\n*So in the original.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0099.jp2"}, "100": {"fulltext": "58\\nThe Highway Law of New York.\\nAssessment for unperformed labor.\\nmoneys. The penalties, when recovered, shall be applied\\nin satisfaction of the labor assessed, for omission to per\u00c2\u00ac\\nform which, the penalties were respectively imposed.\\nThe overseer of highways may excuse any omission to\\nperform labor when required, if a satisfactory reason shall\\nbe given therefor; but the acceptance of any such excuse\\nshall not exempt the person excused from commuting for,\\nor working the whole number of days for which he shall\\nhave been assessed during the year..\\nRevised from L. 1837, ch. 431, 4, 5 and from 1 R. S eh. 16, tit. 1, art.\\n3, 39-46, as amended by L. 1880, cli. 308.\\nA private suit will not lie against an overseer of highways, for adjudg-\\ning a party in default, and making his complaint. (Freeman v. Cornwall,\\n10 Johns. 470.)\\nSee Potter v. Benniss 1 Johns, 515, as to the proper action at common\\nlaw to recover back money collected by an overseer from one in default.\\nSee Rinehart v. Young, 2 Lans. 354; Bouton v. Neilson, 3 Johns. 474;\\nWalker v. Moseley, 5 Den 102; Thayer v. Lewis, 4 Den. 269.\\n66. Assessment for unperformed labor .\u00e2\u0080\u0094Every\\noverseer of highways shall between the fifteenth day of\\nSeptember and the first day of October of each year, make\\nout and deliver to the commissioner of highways of his\\ntown, a list of all persons and corporations who have not\\nworked out, or commuted for their highway assessment,\\nwith the number of days not worked or commuted for by\\neach, charging for each day in such a list, at the rate of\\none dollar and fifty cents a day; and also a list of all the\\nlands of non-residents and persons unknown, which were\\nassessed on his warrant by the commissioner of highways,\\nor added by him, on which the labor assessed has not\\nbeen performed or commuted for, and the number of days\u00e2\u0080\u0099\\nlabor unpaid by each, charging for the same at the rate\\nof one dollar and fifty cents per day, which list shall be\\naccompanied by the affidavit of the overseer, that he has\\ngiven the notice required, to appear and work, and that", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0100.jp2"}, "101": {"fulltext": "The Highway Lav/ op New York.\\nPenalty for refusal of overseer to provide list.\\nthe labor specified in the list returned, has not been per\u00c2\u00ac\\nformed or commuted, and it shall be the duty of the com\u00c2\u00ac\\nmissioner of highways to collect and present such lists to\\nthe town board of his town at the meeting held on the\\nThursday next preceding the annual meeting of the board\\nof supervisors. The town board shall certify the amount\\nof unpaid taxes so returned to them by the commissioner\\nof highways to the board of supervisors.\\nj Revised f rom 1 R. S., ch. 16, tit. 1, art. 3, 47, 49, as variously amended.\\nAmended by L. 1898, ch. 350.\\nSee Colman v. Shattuck 2 Hun, 500.\\n67. Penalty for refusal of overseer to provide\\nlist, \u00e2\u0080\u0094if any overseer shall refuse or neglect to deliver\\nsuch list to the commissioner of highways, or to make the\\naffidavits herein directed, he shall for every such offense,\\nforfeit the sum of ten dollars and the amount of taxes for\\nlabor remaining unpaid, at the rate of one dollar for each\\nday assessed. The commissioner of highways shall, in\\ncase of such refusal or neglect, recover such penalty and\\napply the amount recovered in making and improving the\\nhighways and bridges of the delinquent overseers\u00e2\u0080\u0099 district.\\nRevised from 1 R.S., ch. 16, tit. 1, art. 3, 48. Amended by L. 1898,\\nch. 350.\\n68. Collection oj arrearages for unperformed\\nlabor .\u00e2\u0080\u0094Each board of supervisors, at its annual meeting\\nin each year, shall cause the amount of such arrearages\\nfor highway labor returned to them, estimating each day\u00e2\u0080\u0099s\\nlabor at one dollar and fifty cents a day, to be levied and\\ncollected from the real or personal estate of the person,\\ncorporation, or from the non-resident real estate, specified\\nin such list, to be collected by the collectors of the several\\ntowns, in the same manner that other town taxes are col\u00c2\u00ac\\nlected, and shall orde? the same, when collected, to be\\npaid over to the commissioners of highways of the town", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0101.jp2"}, "102": {"fulltext": "60\\nThe Highway Law of New York.\\nAnnual return of overseers.\\nwherein the same is collected, to be by them applied to\u00c2\u00ac\\nward the construction, repairs and improvement of the\\nhighways and bridges in the district in which the labor\\nwas originally assessed.\\nRevised from 1 R. ch. 16, tit. 1, art. 3, 50, as variously amended.\\nSee Coianan v. Shattuck, 2 Hun, 500.\\n69. Annual return of overseers .\u00e2\u0080\u0094Every overseer\\nof highways shall, on the second Tuesday next preceding\\nthe time of holding the annual town meeting in his town,\\nwithin the year for which he is elected or appointed,\\nrender to one of the commissioners of highways of the\\ntown, an account in writing, verified by his oath, and\\ncontaining,\\n1. The names of all persons assessed to work on the\\nhighways in the district of which he is overseer.\\n2. The names of all those who have actually worked on\\nthe highways, with the number of days they have so\\nworked.\\n3. The names of all those from whom penalties have\\nbeen collected, and the amounts thereof.\\n4. The names of all those who have commuted, and the\\nmanner in which the moneys arising from penalties and\\ncommutations have been expended by him.\\n5. A list of all persons whose names he has returned to\\nthe supervisor as having neglected or refused to work out\\ntheir highway assessments, with the number of days and\\nthe amount of tax so returned for each person, and a list\\nof all the lands which he has returned to the supervisor\\nfor non-payment of taxes, and the amount of tax on each\\ntract of land so returned; and he shall then and there pay\\nto the commissioners of highways, all money remaining in\\nhis hands unexpended, to be applied by them in making\\nand improving the highways and bridges of the town, in\\nsuch manner as they shall direct; and if he shall neglect", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0102.jp2"}, "103": {"fulltext": "The Highway Law of New York.\\n61\\nNoxious weeds in highway.\\nor refuse to render such account, or if, having rendered\\nthe same, he shall refuse or neglect to pay any balance\\nwhich then may be due from him, he shall for every such\\noffense, forfeit the sum of ten dollars.\\nRevised from 1 R. S., ch. 16, tit, 1, art. 3, 51, 53, as amended by L.\\n1865, ch, 522. 4, 5.\\n70 Noxious weeds in highway, \u00e2\u0080\u0094Every person or\\ncorporation, owning or occupying, under a lease for one\\nor more years, any lands, abutting upon any highway,\\nshall cause all noxious weeds, briers, and brush growing\\nupon such lands within the bounds of the highway, to be\\ncut or destroyed between tne fifteenth day of June and the\\nfirst day of July, and between the fifteenth day of August\\nand the first day of Setember, in each and every year;\\nbut boards of supervisors may fix a different period or\\nperiods, for such cutting or destruction in their respective\\ncounties. No person shall place or cause to be placed,\\nany noxious weeds, or the seeds of such weeds, within the\\nbounds of any public highway. Any willful voilation of\\nthis section, shall subject the person or corporation so\\noffending to a penalty of ten dollars for each offense.\\nRevised from L. 1878, ch. 49, 1. 3.\\nAmended by L 1899, ch 681, in effect May 26, 1899.\\nSee notes under 20, ante.\\n71. Overseers or commissioners of highways to\\nnotify occupants to remove weeds, \u00e2\u0080\u0094The overseers of\\nevery highway district, or if there is no such overseers,\\nthe commissioner of highways shall give written notice\\nto any owner or occupant of the premises to cut all\\nweeds, briers and brush growing within the bounds of the\\nhighways. If the owner of such lands is a non-resident,\\nsuch notice shall be served personally upon the agent of\\nsuch non-resident owner residing in the town, or if there\\nis no such agent known to the commissioner or overseer\\nof highways, such notice shall be sent by mail to the last\\nknown address of such non-resident owner, and a copy\\nthereof shall be filed in the office of the town clerk of the\\ntown where the property is situated. If such owner or", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0103.jp2"}, "104": {"fulltext": "62\\nThe Highway Law of New York.\\nAbatement of tax for removal of fence.\\noccupant shall not cut such weeds, briers and brush as so\\nrequired within ten days after receiving such notice, or\\nwithin ten days after such notice shall have been served\\nor filed as herein provided, such overseer or commissioner\\nof highways shall do such work and make a report under\\noath to the supervisor of the town of the amount expended\\nby him thereon, and the ownership and occupancy of the\\nseveral parcels of land against which the labor was per\u00c2\u00ac\\nformed, on or before the first day of November in each\\nyear; such supervisor shall certify these statements to the\\nboard of supervisors at its next annual meeting, and such\\nboard shall include the amounts included in such state\u00c2\u00ac\\nments in the taxes assessed upon the lands, upou or\\nagainst which the labor was performed, the same to be\\ncollected with the other taxes, and paid over upon the\\norder of the supervisor to the parties entitled thereto.\\nRevised from L. 1878, ch. 49, 5, as amended by L. 1886, ch. 291, and by\\nL. 1887, ch. 604.\\nAmended by L. 1899 ch. 681, in effect May 26, 1899.\\nSee notes under 20, ante.\\n72. Abatement of tax for removal of fence .\u00e2\u0080\u0094Any\\ninhabitant liable to a highway tax, who shall remove\\nfrom lands owned or occupied by him, the fence along any\\npublic highway, for the purpose of preventing the drift\u00c2\u00ac\\ning of snow into such highway, shall be allowed by the\\noverseer of highways, in abatement of his highway tax,\\nthe time actually expended in removing such fence, and\\nin replacing the same, pursuant to the directions of the\\noverseer of highways.\\nRevised from L. 1875, ch. 196, 1.\\nSee notes under 21, ante.\\n73. Abatement of tax for street lamps .\u00e2\u0080\u0094Any per\u00c2\u00ac\\nson or corporation owning or holding real estate, or other\\nproperty liable to highway tax, except in the county of\\nKings, other than in cities and incorporated villages, who\\nshall, with the consent of the overseer of highways in\\ncharge of the district in which such property is assessed,", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0104.jp2"}, "105": {"fulltext": "The Highway Law of New York.\\n63\\nRebate of tax for using wagon tires of certain width.\\nand in such places as he may direct, erect a street lamp,\\nand cause the same to be properly attended to and kept\\nburning during such hours of each night as the overseer\\nof highways may direct, shall be allowed by the overseer\\nof highways, in abatement of such highway tax, six dol\u00c2\u00ac\\nlars annually, or such portion of six dollars as the annual\\nhighway taxes upon such real estate or other property\\nmay be.\\nRevised from L. 1884, ch. 251, 1.\\n74. Rebate of tax for using wagon tires of cer\u00c2\u00ac\\ntain tvidth .\u00e2\u0080\u0094Every person who, during the year ending\\nJune first, eighteen hundred and ninety-three and each\\nsucceeding year thereafter, uses on the public highways of\\nthis state only wagons or vehicles with wheels upon which\\ntwo or more horses are used the tire of which shall be not\\nless than three inches in width, shall receive a rebate of\\none-half of his assessed highway tax for each such year, not\\nexceeding however in any one year the sum of four dol\u00c2\u00ac\\nlars for four day s labor. The right to such rebate shall\\nnot be affected by the use upon the public highways of\\nbuggies, carriages or platform spring wagons carrying a\\nweight not exceeding one thousand pounds. Upon mak\u00c2\u00ac\\ning an affidavit showing that he has complied with the\\nprovisions of this section during any such year, he shall\\nbe credited by the overseer of highways of the road dis\u00c2\u00ac\\ntrict in which he resides or any road district where he is\\nassessed with such rebate. Such affidavit may be taken\\nbefore any overseer of highways who is hereby authorized\\nto administer such oath.\\nAdded by L. 1893) ch. 468.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0105.jp2"}, "106": {"fulltext": "64\\nThe Highway Law of New Yore.\\nLaying out, etc*, highways and private roads*\\nARTICLE IV.\\nLaying out, Altering and Discontinuing Highways,\\nand Laying out Private Roads.\\nSection\\n80. Highways by dedicatioi\\n81. Survey.\\n82. Application.\\n83. Application for commissioners.\\n84. Appointment of commissioners, and their duties.\\n85. Notice of meeting.\\n86. Decision of commissioners in favor of application.\\n87. Damages in certain cases, how estimated.\\n88. Decision of commissioners denying application.\\n89. Motion to confirm, vacate or modify.\\n90. Limitation upon laying out highways.\\n91. Laying out highways through burying grounds,\\n92. Costs, by whom paid.\\n93. Damages assessed, and costs to be audited.\\n94. When officers of different towns disagree about highway\\n95. Difference about improvements.\\n96. Highways in two or more towns.\\n97. Laying out, dividing and maintaining highway upon town\\nline.\\n98. Final determination, how carried out*\\n99. Highways abandoned,\\n100. Highways by use.\\n101. Fences to be removed.\\n102. Penalty for falling trees.\\n103. Fallen trees to be removed.\\n104. Penalty for obstruction or encroachment,\\n105. How removed, and liability for not removing.\\n106. Private road.\\n107. Jury to determine necessity, and assess damages.", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0106.jp2"}, "107": {"fulltext": "The Highway Law op New York.\\n65\\nHighways by dedication.\\nSection 108. Copy, application and notice delivered to applicant.\\n109. Copy and notice to be served.\\n110. List of jurors.\\n111. Names struck off.\\n112. Place of meeting.\\n118. Jury to determine and assess damages.\\n114. Their verdict.\\n115. Value of highway discontinued.\\n116. Papers to be recorded in town clerk\u00e2\u0080\u0099s office.\\n117. Damages to be paid before opening the road.\\n118. Fees of officers.\\n119. Motion to confirm, vacate or modify.\\n120. Costs of new hearing.\\n121. For what purpose private road to be used.\\n122. Highways or roads along division lines.\\n123. Adjournments.\\nSection 80. Highways by dedication .\u00e2\u0080\u0094Whenever land\\nis dedicated to a town for highway purposes therein, the\\ncommissioners of highways in such town may, either with\\nor without a written application therefor, and without\\nexpenses to the town, make an order laying out such high\u00c2\u00ac\\nway, upon tiling and recording in the town clerk s office with\\nsuch order a release of the land from the owner thereof.\\nA highway so laid out must not be less than two rods in\\nwidth. Section ninety of this chapter does not apply to\\na highway by dedication. Such commissioners of high\u00c2\u00ac\\nways may also, upon written application and with the\\nwritten consent of the town board, make an order laying\\nout or altering a highway in their town, upon filing and\\nrecording in the town clerk s office, with such application,\\nconsent and order, a release from all damages from the\\nowners of the lands taken or affected thereby, when the\\nconsideration for such release, as agreed upon between\\nsuch commissioners and owners, shall not in any one case,\\no", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0107.jp2"}, "108": {"fulltext": "66\\nThe Highway Law op New York.\\nHighways by dedication.\\nfrom any one claimant, exceed one hundred dollars, and\\nfrom all claimants five hundred dollars. An order of the\\ncommissioners as herein provided shall be final.\\nRevised from L. 1880, ch. 114, 2, 3. Amended by L. 1897, eh. 204.\\nDedication and Acceptance.\\nSee Village Law, 144, Appendix, post, as to dedication of land for\\nvillage streets.\\nPublic highways may be created in four ways: (1) By proceedings under\\nthe statute; (2) by prescription or user for twenty years; (3) by dedica\u00c2\u00ac\\ntion through offer and implied acceptance; (4) by dedication through offer\\nand actual acceptance. Cohoes v. D. H. C. Co., 134 N. Y. 397, and\\nauthorities cited; Town of Corning v. Head, 86 Hun, 12.)\\nLand may be dedicated to the use of the public for a highway without\\nany writing. (Cook v. Harris, 61 N. Y. 448.)\\nOral consent of the owner of lands to the laying out of a highway is\\nvalid unless revoked before the laying out. {Marble v. Whitney, 28 N. Y.\\n297.)\\nLands dedicated by the owner to public use as streets do not become\\npublic highways until accepted by commissioners. Oswego v. Canal Co.,\\n6 N. Y. 257; Cohoes v. D. H. C. Co., 134 N. Y. 397.)\\nTo constitute a public highway by dedication there must not only be an\\nabsolute dedication, but an acceptance and formal opening by the proper\\nauthorities or by user. People v. Underhill, 144 N. Y. 316; contra, Cle\u00c2\u00ac\\nments v. West Troy, 10 How. Pr. 199.)\\nAcceptance may be proved by long public use or by the acts and con\u00c2\u00ac\\nduct of the public authorities recognizing and adopting the highway.\\n{People v. Loehfelm, 102 N. Y. 1; Cook v. Harris, 61 N. Y. 448; Holdane\\nv. Cold Spring, 21 N. Y. 474; McMannis v. Butler, 51 Barb. 436; Denning\\nv. Roome 6 Wend. 651; Hunter v. Trustees, 6 Hill, 407; Abbott v. Cottage\\nCity, 143 Mass. 521, and authorities cited; McCormick v. City of Amster\u00c2\u00ac\\ndam, 43 St. Rep. 604; People v. Underhill, 144 N. Y. 316.)\\nA dedication once made and accepted cannot be revoked. Cook v.\\nHarris, 61 N. Y. 448; Cohoes v. D. H. C. Co., 134 N. Y. 397.)\\nA dedication must, within a reasonable time, be followed by an accept\u00c2\u00ac\\nance; and the owner may, if not accepted within a reasonable time, recall\\nthe dedication; and he may at any time recall the dedication, if no rights\\nhave attached intermediate his act. What is a reasonable time must", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0108.jp2"}, "109": {"fulltext": "The Highway Law of New York.\\n67\\nHighways by dedication.\\ndepend upon the particular circumstances of the case. Matter of Open\u00c2\u00ac\\ning of Beck Street, 19 Misc. 571; Lee v. Sandy Hill, 40 N. Y. 442.)\\nA dedication may be revoked before acceptance, but not after a user\\nof more than twenty years. Eckerson v. Haverstraw, 6 App. Div. 102.)\\nWhere an owner of land dedicated it to the public for a highway but\\ndied before acceptance thereof, her death was held to be a revocation of\\nthe proposed dedication. People v. Kellogg, 67 Hun, 546.)\\nCircumstances constituting evidence of dedication and acceptance.\\n(Cook v. Harris, 61 N. Y. 448; Rozell v. Andrews 103 N. Y. 150; lselin v 4\\nStarin, 144 N. Y. 453.)\\nWhat is sufficient evidence of a dedication to the public. Wiggins v.\\nTallmadge, 11 Barb. 457.)\\nInsufficient evidence of a dedication to the public use. {Matter of Beach\\nAve., 70 Hun, 351.)\\nThere is sufficient evidence of dedication where streets have been used\\nfor highway purposes for more than twenty years and have been worked\\nby the public authorities. {Eckerson v. Haverstraw, 6 App. Div. 102.)\\nWhere an owner of land files a map dividing such land into blocks,\\nthrows the streets open and constructs fences, there is sufficient evidence\\nof dedication of the streets to public use. {Eckerson v Haver straw 6 App.\\nDiv. 102.)\\nWhere a city begins proceedings to condemn property for a street, it\\nadmits that the land has not been dedicated for a public highway by the\\nowner. {Matter of Extension of Ethel St., 3 Misc. 403.)\\nAn order discontinuing a highway will be taken to be evidence of non-\\nacceptance thereof. {Matter of Opening of Beck Street, 19 Misc. 571.)\\nWhere a common council accepts by resolution streets laid out on a\\nmap and constructs a sewer in a portion thereof, the question of dedica\u00c2\u00ac\\ntion and acceptance may go to the jury. {McVee v. Watertown 92 Hun,\\n306.)\\nThe use of a private way by the public does not make it a public high\u00c2\u00ac\\nway without proof of dedication and acceptance. {Palmer Palmer,\\n150 N. Y. 139.)\\nWhere a highway has been altered by consent of the owner of the land\\nand has been used by the public for twenty-six years, it is a public high\u00c2\u00ac\\nway although its boundaries have not been determined by the highway\\ncommissioners, and will be assumed to be of the same width as the original\\nroad. {Wakeman v. Wilbur, 147 N. Y, 6)7.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0109.jp2"}, "110": {"fulltext": "68\\nThe Highway Law of New York.\\nHighways by dedication.\\nThe power of a town to take lands for highway purposes by voluntary\\nconveyance implies the power to take such interest as the necessity of\\nthe case may require. (Hughes v. Bingham 135 N. Y. 347.)\\nWhen a highway is once shown to exist, it is presumed to continue\\nuntil it is shown to exist no longer. (Cohoes v. D. H. C. Co., 134 N.\\nY. 397; Beckwith v. Whalen, 65 N. Y. 322; Drigg.s v. Phillips, 103 N. Y.\\n77.)\\nLaying out, Altering and Discontinuing Highways; Compensation\\nto Land Owners.\\nSee Constitution, Art. 3, 18, Appendix, post, prohibiting special legis\u00c2\u00ac\\nlation on this subject; see Indian Law, 12, Appendix, post as to laying\\nout highways on Indian reservation; Code of Civil Procedure, 3357-\\n3384, as to proceedings for the condemnation of real property; L. 1817,\\nch. 83, Appendix, post, as to power of highway commissioners over state\\nroads; L. 1883, ch. 113, Appendix, post, as to the alteration of highways,\\nstreets and bridges in incorporated villages; Canal Law, 110, Appendix,\\npost, as to the alteration of highways in improving the canals; L. 1893,\\nch. 607, Appendix, post, providing for widening highways between cities\\nand towns; L. 1895, ch. 611, and L. 1896, ch. 464, Appendix, post, as to\\ndiscontinuance of highways where $300,000 has been spent for macada\u00c2\u00ac\\nmizing purposes and damages therefor; L. 1897, ch. 236, Appendix, post,\\nas to widening and improving highways in towns of more than 8,000\\ninhabitants and containing villages of certain population; L. 1893, ch.\\n582, Appendix, post, as to the improvement of highways in Kings county;\\nL. 1890, ch. 555, Appendix, post, as to the improvement of highways in\\nRichmond county; L. 1898, ch. 45, and L. 1898, ch. 71, Appendix, post, as\\nto the construction of bicycle paths in Cattaraugus and Monroe counties,\\nrespectively; L. 1897, ch. 596, Appendix, post, as to the acquisition of\\nturnpike and plank roads by counties and villages.\\nSee also, L. 1898, ch. 115, Appendix, post, known as the \u00e2\u0080\u009cGood Roads\\nAct.\u00e2\u0080\u009d\\nDiscussion of section 18 of article 3 of the Constitution forbidding the\\nlegislature to pass any private or local act laying out highways.\\nWhether a particular stream may be declared to be a public highway.\\n{Matter of Burns, 16 App. Div. 507; Be Camp v. Thomson, 16 App. Div.\\n528; Matter of Burns, 155 N. Y. 23.)\\nPowers of legislature before constitutional amendment of 1874. {Ex\\nparte Commissioners, 51 Barb. 277; Ex parte Central Park Extension, 16", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0110.jp2"}, "111": {"fulltext": "The Highway Law of New Yoke.\\n69\\nHighways by dedication.\\nAbb. Pr. 56; People v. McDonald, 4 Hun, 187; People v. Supervisors, 112\\nN. Y. 585.)\\nThe legislature has power to open a highway without the instrumen\u00c2\u00ac\\ntality of highway commissioners. (People v. McDonald, 4 Hun, 187.)\\nThe legislature may regulate by special act the widening of streets.\\n(People v. McDonald 69 N. Y. 362; People v. Lohnas, 54 Hun, 604.)\\nWhere an act authorized land to be taken, under certain conditions,\\nthe Legislature could not afterwards abolish those conditions. (Matter\\nof R. R. Co., 58 Hun, 497.)\\nAn act is unconstitutional which authorizes more land to be taken than\\nis required for the opening of a street. (Matter of Albany Street, 11 Wend.\\n149.)\\nAn act is unconstitutional which authorizes land to be taken for a high\u00c2\u00ac\\nway without compensation. (Wallace v. KarlenowefsM, 19 Barb. 118;\\nGould v. Glass, 19 Barb. 179; People v. Supervisors, 4 Barb. 64.)\\nLegislature cannot reduce width of road and vest surplus in former\\nowner where he has already received compensation. (People v. Com\u00c2\u00ac\\nmissioners, 53 Barb. 70.)\\nConstitutionality of act authorizing construction of highways over rail\u00c2\u00ac\\nroad tracks without compensation. (Railroad Co, v. Brownell, 24 N. Y.\\n345.)\\nCompensation for value of buildings erected after resolution laying out\\nstreet is passed. (Matter of Wall Street 17 Barb. 617.)\\nProvisions of State Constitution as to mode of ascertaining compensa\u00c2\u00ac\\ntion are for sole benefit of land owner and may be waived by him. {1Mat\u00c2\u00ac\\nter of Hand Street, 55 Hun, 132.)\\nMethod of ascertaining damages to adjacent owners by the closing of a\\nroad. {Matter of Barclay, 91 N. Y. 430.)\\nCompensation of city for lands owned by it in fee. {Matter of Ninth\\nAvenue, 45 N. Y. 729.)\\nThe passage of an ordinance to authorize the opening of a new street, is\\nthe exercise of a legislative power. W^iggin v. Dew York, 9 Paige, 16.)\\nNeither the legislature nor a municipal corporation may close a street\\nwithin the municipality without making compensation to an abutting\\nowner; but it seems otherwise where there is other access to the lot of\\nsuch owner. (Egerer v. Railroad Co., 41 St. Rep. 488; Wilson v. Rail\u00c2\u00ac\\nroad Co., 2 Supp. 65; Fearing v. Irwin, 55 N. Y. 486; Ins. Co. v. Stevens", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0111.jp2"}, "112": {"fulltext": "70\\nThe Highway Law of New York.\\nHighways by dedication.\\n101 N. Y. 411; Holloway v. Delano, 40 St. Rep. 702; Brick Co. v. Haver-\\nstraw, 42 St. Rep. 616.)\\nCommissioners of highways have power to vacate a road upon their own\\nmotion when it has become useless and unnecessary. People v. Pike, 18\\nHow. Pr. 70; People v. Nichols, 51 N. Y. 470.)\\nCommissioners of highways may alter public highways without the\\nintervention of a jury. People v. McNeil, 2 S. C. 140; People v. Jones, 63\\nN.Y. 306.)\\nBefore a highway through improved land can be altered, a certificate of\\nnecessity is required, although the owner has released his damages. Peo\u00c2\u00ac\\nple v. Jones, 63 N. Y. 306.)\\nWhere a new road has been regularly laid out, it cannot be discontinued\\nas an old one before it has been opened and used. People v. Griswold,\\n67 N. Y. 60.)\\nChange of grade. Cunningham v. Fitzgerald, 138 N.Y. 165; Rauenstein\\nv. Railroad Co., 136 N. Y. 528, and cases cited; Matter of Smiddy, 47 St.\\nRep. 409; Smith v. Village of White Plains, 67 Hun, 81; Whitmore v. Vil\u00c2\u00ac\\nlage of Tarrytown, 137 N. Y. 409.)\\nDiscontinuance of proceedings to open street or highway before final\\ntermination. Matter of Dower Street, 18 Johns, 506; Martin v. Brooklyn,\\n1 Hill; 545; Military Parade Ground, 2 Hun, 374; s. c., 60 N. Y. 319;\\nMatter of Anthony Street 20 Wend. 618; Central Park Case, 12 Abb. Pr.\\n107; Matter of Beckman Street, 20 Johns. 269; Hawkins v. Rochester, 1\\nWend. 53; People v. Syracuse, 20 How, Pr. 491; Matter of Washington\\nPark, 56 N. Y. 144; People v. Commissioners, 1 S. C. 193; Peoples. Griswold,\\n67 N. Y. 59; People v. Mills, 8 St. Rep. 754; People v. Common Council of\\nSyracuse, 78 N. Y. 56; Matter of Elmwood Avenue, 10 St. Rep 272; Matter\\nof Ferris, 10 St. Rep. 480; Matter of Lexington Avenue 40 St. Rep. 778.)\\nCommon council of New York may not reduce width of street by\\nauthorizing lot-owners to fence in part thereof. Lawrence v. New York,\\n2 Barb. 577.)\\nCh. 604, L. 1874, relating to New York City. Matter of Spuyten Duyvil\\nParkway, 67 How. Pr. 341.)\\nCh. 697, L. 1867, relating to the closing of streets in New York City.\\n{Matter of Barclay, 91 N. Y. 430; People v. Board of Assessors, 51 Hun,\\n407; Fearing v. Irwin, 55 N. Y. 486; Peters v. Carleton, 15 St. Rep. 980;\\nPeople v. Asten, 62 N. Y. 623; 49 How. Pr. 405; People v. Greene, 62 N. Y.\\n624.)", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0112.jp2"}, "113": {"fulltext": "The Highway Law of New York.\\n71\\nSurvey.\\nCh. 559, L. 1871, relating to Brooklyn. McCormack v. Brooklyn, 108 N. Y.\\n49; Donnelly v. Brooklyn, 121 N. Y. 9.)\\nCity Charter of Buffalo. (Broezel v. Buffalo, 6 Supp. 723.)\\nCity Charter of Rochester. (Elwood v. Rochester 122 N. Y. 229; Starr\\nv. Rochester, 6 Wend. 504; Cuyler v. Rochester, 12 Wend, 165.)\\nCity Charter of Poughkeepsie. Matter of Washington Street, 38 St.\\nRep. 346.)\\nThe act of 1884 relating to Schenectady. [Weinckiev. Railroad Co., 39\\nSt. Rep. 584.)\\nSee Bucholz v. Railroad Co., 66 Hun, 377; Excelsior Brick Co. v. Haver-\\nstraw, 50 St. Rep. 513; Matter of Opening Rogers Avenue, 29 Abb. N. C.\\n361; Peters v. New York, 8 Hun, 405; Matter of North Third Avenue, 3\\nSupp. 641: Matter of Commissioners, 25 St. Rep. 231; Matter of Bushiuick\\nAvenue, 48 Barb. 9; Baker v. Oneonta, 15 W. D. 224; Sage v. Brooklyn, 8\\nAbb. N. C. 279; Ex parte Manhattan Co., 22 Wend. 653; People v. Judges,\\n24 Wend. 249; Matter of Extension of Ethel Street, 3 Misc. 403; Phillips v.\\nSchumacher, 10 Hun, 405; Foot v. Stiles, 57 N. Y. 399; Miller v. Brown,\\n56 N. Y. 383; People v. Supervisors, 20 N. Y. 252.\\n81. Survey Whenever the commissioners of\\nhighways shall lay out any highway, either upon applica\u00c2\u00ac\\ntion to them or otherwise, they shall cause a survey thereof\\nto be made, and shall incorporate the survey in an order\\nto be signed by them, and to be filed and recorded in the\\noffice of the town clerk, who shall note the time of record\u00c2\u00ac\\ning the same.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, 55, and from L. 1880, ch. 114,\\n2, 3.\\nSee County Law, 72, Appendix, post, providing that supervisors may\\ndirect commissioners of highways to survey and make records of any\\nhighways.\\nThe order laying out the highway must either be signed by all the com\u00c2\u00ac\\nmissioners or must show that they were all notified to participate. Fitch\\nv. Commissioners, 22 Wend. 132; People v. Hynds, 30 N. Y. 470; s. c. 27\\nBarb. 94; People v. Williams, 36 N. Y. 441; Simmons v. Sines, 4 Abb.\\nDec. 246: Matter of Summit Street, 3 How. Pr. 26; Matter of Church\\nStreet, 49 Barb. 455; Christy v. Newton, 60 Barb. 332; Chapman v. Swan, 65", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0113.jp2"}, "114": {"fulltext": "72\\nThe Highway Law of New York.\\nSurvey.\\nBarb. 210; Pratt v. People, 13 Hun, 664; Steivart v. Wallis, 30 Barb. 344.)\\nOne commissioner may not authorize another to sign his name to the\\norder. Todd v. Todd, 3 Hun, 298.)\\nAll the commissioners need not be present when the survey is made.\\n{Marble v. Whitney, 28 N. Y. 297.)\\nA writing signed by two commissioners of highways and a surveyor,\\nwhich, although not a formal order, purports to be a survey of the road,\\nis substantial compliance with the statute. {Tucker v. Rankin, 15 Barb.\\n471.)\\nFailure of a town clerk to post a copy of an order altering a highway,\\ndelivered to him by the highway commissioner, does not render the order\\nabsolutely void. {Engleman v. Longhorst, 120 N. Y. 332.)\\nThe order may not be attacked collaterally after a lapse of fifty years.\\n{Dominick v. Hill, 6 St. Rep. 329.)\\nThe survey must be incorporated into the order. {Pratt v. People 13\\nHun, 664.)\\nWhen the survey is sufficiently incorporated in the order. {McCarthy\\nv. Whalen, 19 Hun, 505.)\\nSurvey need not specify the width. {People v. Commissioners 1 Cow. 23.\\nCommissioners not strictly limited to the route specified in the applica\u00c2\u00ac\\ntion, but must follow the general course of the road. {Hallock v. Woolsey,\\n23 Wend. 328; People v. Carman, 69 Hun, 118.)\\nWhere a village, incorporated under the general act (L. 1870, ch. 291),\\nin laying out a street, did not follow the route laid down in the petition,\\nthe proceedings were held void. {People v. Whitney s Point, 102 N. Y.\\n83.)\\nA village resolution widening a street should contain a description of\\nthe lands to be taken. {Allen v. Northville, 39 Hun, 240.)\\nSection 2 of chapter 114 of the laws of 1880, authorizing the commis\u00c2\u00ac\\nsioner of highways, on the petition of six freeholders, to lay out a road,\\nand make and file an order containing a correct survey, declared unconsti\u00c2\u00ac\\ntutional. {People v. Mosier, 56 Hun, 64.)\\nA new road may be laid out partly over an old one; and in describing\\nthe new, a lefeiencetotlieold one is sufficient. {People v. Commissioners,\\n37 N. Y. 360.)\\nSee People v. Commissioners, 13 Wend 310; Clements v. West Troy, 10\\nHow. Pr. 199; Bruyn v. Graham, 1 Wend. 370; Woolsey v. Tompkins, 23\\nWend. 324; Johnson v. Loveless 18 W. D. 49; People v. Nash, 38 St. Rep.\\n730; Engleman v. Longhorst 120 N. Y. 332; Matter of South Seventh Street,", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0114.jp2"}, "115": {"fulltext": "The Highway Law of New York.\\n73\\nApplication.\\n48 Barb, 12; Sherman v. Kane, 86 N. Y. 57; Wildreck v. Hagar, 19 N. Y.\\n656; Kelsey v. Burgess, 35 St. Rep. 368; Mayer v. New York, 100 N. Y. 284;\\nPeople v. Mills 109 N. Y. 69; Kelly v. Horton, 2 Cow. 424.\\n82. Application. \u00e2\u0080\u0094Any person or corporation assess\u00c2\u00ac\\nable for highway labor, may make written application to\\nthe commisioners of highways of the town in which he or\\nit shall reside, or is assessable, to alter or discontinue a\\nhighway, or to lay out a new highway.\\nRevised from 1 R. S.,ch. 16, tit. 1, art. 1, 2; from 1 R. S., eh. 16, tit. 1,\\nart. 4, 54; from L. 1836, cli. 122.\\nCommissioners may lay out a highway without any application therefor.\\nPeople v. Supervisors, 20 N. Y. 252; McCarthyiv. Whalen, 19 Hun, 505;\\nGoidd v. Glass, 19 Barb. 189; Marble v. Whitney, 28 N. Y. 297.)\\nTo give commissioners of highways jurisdiction of proceedings to lay\\nout a highway an application must be made to them in writing by a person\\nliable to be assessed for highway labor. Harrington v. People, 6 Barb.\\n607.)\\nCommissioners of highways, as such, may not make application to lay\\nout a highway. People v. Supervisors, 82 Hun, 298.)\\nAny person assessable for highway labor may make the application.\\nPeople v. Eggleston, 13 How. Pr. 123.)\\nA person liable to be assessed for highway labor in one town may\\ninitiate proceedings to lay out a highway located partly in his own town\\nand partly in another town. People v. Keck, 90 Hun, 499.)\\nResidents of a village within a town are not proper applicants for the\\nlaying out of a road in the town outside of the village. Commissioners\\nv. Meserole, 10 Wend. 123.)\\nApplication to be filed with town clerk. People v. Vail, 2 Cow. 623.)\\nAs to the sufficiency of the application, under the charter of the city\\nof Troy. Havermans v. Troy, 50 How. Pr. 510.)\\n83. Application for commissioners. \u00e2\u0080\u0094Whenever\\nthe land is not dedicated to the town for highway pur\u00c2\u00ac\\nposes and not released as herein provided, the applicant\\nshall, within thirty days after presenting the application to\\nthe commissioners of highways, and after at least five", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0115.jp2"}, "116": {"fulltext": "74\\nThe Highway Law of New York.\\nApplication for commissioners.\\ndays\u00e2\u0080\u0099 notice to said commissioners of the time and place\\nof the application to the county court, in this section\\nprovided for, by verified petition showing the applicant\u00e2\u0080\u0099s\\nright to so present the same, and that such application\\nhas been in good faith presented, and if the county judge\\nrequire, on such notice to such parties interested as he\\nshall direct, apply to the county court of the county\\nwhere such highway shall be, for the appointment of three\\ncommissioners to determine upon the necessity of such\\nhighway proposed to be laid out or altered, or to the use\u00c2\u00ac\\nlessness of the highway proposed to be discontinued and\\nto assess the damages by reason of the laying out, open\u00c2\u00ac\\ning, altering or discontinuing of such highway. Such\\napplication to the county court shall be accompanied by\\nthe written undertaking of the applicant executed by one\\nor more sureties, approved by the county judge, to the\\neffect that if the commissioners appointed determine that\\nthe proposed highway or alteration is not necessary or that\\nthe highway proposed to be discontinued is not useless,\\nthe sureties will pay to the commissioners their compen\u00c2\u00ac\\nsation at the rate of four dollars for each day necessarily\\nspent and all costs and expenses necessarily incurred in\\nthe performance of their duties, which amount shall not\\nexceed the sum of fifty dollars.\\nRevised from 1 R. S., ch. 16, tit 1, art. 4, 60, 65, 81, as variously\\namended. Amended by L. 1894, ch. 334, and by L. 1897, ch. 344, 1.\\nNotice of application to the county court for the appointment of com\u00c2\u00ac\\nmissioners need not be given to the highway commissioners. People v.\\nKeck, 90 Hun, 497.)\\nCompensation of commissioners under L. 1862, ch. 483. People v.\\nGreen, 52 How. Pr. 440; Matter of Spuyten Duyvil Parkway, 27 Hun, 305;\\n14 W. D. 487.)\\nRequirements of notice of application in Albany. Matter of Orange\\nStreet, 50 How. Pr. 244.) In New York city. {Matter of Albany Street\\n6 Abb. Pr. 273.)\\nSee People v. Mosier 56 Hun, 64.", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0116.jp2"}, "117": {"fulltext": "The Highway Law of New York.\\n75\\nAppointment of commissioners and their duties.\\n84. Appointment of commissioners and their\\nduties .\u00e2\u0080\u0094Upon the presentation of such petiton, the county\\ncourt shall appoint three disinterested freeholders, who\\nshall not be named by any person interested in the pro\u00c2\u00ac\\nceedings, who shall be residents of the county, but not of\\nthe town wherein the highway is located, as commissioners\\nto determine the questions mentioned in the last section.\\nThey shall take the constitutional oath of office, and ap\u00c2\u00ac\\npoint a time and place at which they shall all meet to hear\\nthe commissioners of highways of the town where such\\nhighway is situated, and others interested therein. They\\nshall personally examine the highway described in the\\napplication, hear any reasons that may be offered for or\\nagainst the laying out, altering or discontinuing of the\\nhighway, and assess all damages by reason thereof. They\\nmay adjourn the proceedings before them from time to\\ntime, issue subpoenas and administer oaths in such pro\u00c2\u00ac\\nceedings, and they shall keep minutes of their proceed\u00c2\u00ac\\nings, and shall reduce to writing all oral evidence given\\nbefore them upon the subject of the assessment of damages.\\nThey shall make duplicate certificates of their decision,\\nand shall file one in the town clerk\u00e2\u0080\u0099s office of the town,\\nand the other, with such minutes and evidence, in the\\ncounty clerk\u00e2\u0080\u0099s office of the county in which the highway\\nor proposed highway is located.\\nRevised from 1 R. S ch. 16, tit. 1, art. 4, 60, as amended by L. 1881,\\nch. 696, 1.\\nSee notes under 86, 87 and 93, post as to assessment of damages.\\nIf the owner of land taken for a highway has a right to damages, it is the\\nduty of highway commissioners to apply to the county court for the ap\\npointment of commissioners to assess such damages. Chapman v. Gates\\n46 Barb. 317.)\\nThe court will not appoint the commissioners without affidavits as to\\ntheir qualifications. Matter of Houston Street 7 Hill, 175.)\\nAs ;to who are \u00e2\u0080\u009cdisinterested freeholders.\u00e2\u0080\u009d {Matter of Twenty-sixth\\nStreet, 12 Wend. 203; People v. Cline, 23 Barb. 197; Matter of Southern", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0117.jp2"}, "118": {"fulltext": "76\\nThe Highway Law of New York.\\nAppointment of commissioners and their duties.\\nBoulevard, 3 Abb. Pr. (N. S.) 447; Matter of South Seventh Street 48 Barb.\\n12; People v. Syracuse 63 N. Y. 291; Matter of Eleventh Avenue 49 How.\\nPr. 208; People v. Sco^f, 8 Hun, 566; Matter of Middletown, 21 Civ. Pro.\\n201\\nThe provision of the Code of Civil Procedure, 46, as to a judge sitting\\nin a case when related to one of the parties, does not apply to commis\u00c2\u00ac\\nsioners under this section. {Matter of Ogden Street, 63 Hun, 188.)\\nIt is too late, on a motion to confirm the report, to object that one of\\nthe commissioners was personally interested. {Matter of Southern Boule\u00c2\u00ac\\nvard, 3 Abb. Pr. (N. S.) 447.)\\nThe commissioners are not obliged to hold their meetings in any par\\nticular place in the town where the highway is situated. {Matter of Coe,\\n19 Misc. 549.)\\nCommissioners may administer oaths to witnesses. {Matter of John\\nStreet, 19 Wend. 659.)\\nThe statute does not contemplate that commissioners appointed in pro\u00c2\u00ac\\nceedings to lay out a highway shall be governed by technical rules of\\nevidence applied in courts of record. {Matter of Pugh, 22 Misc. 43.)\\nOpponents of the discontinuance of a highway owning property affected\\nthereby have a right to be heard before the commissioners; the latter have\\nno authority to oblige such owners to pay a sum of money for such privi\u00c2\u00ac\\nlege. {Matter of Coe, 19 Misc. 549.)\\nValidity of proceedings not affected by what facts. {People v. Davis, 38\\nHun. 43; People v. Potter, 36 Hun, 181; Buckley v. Drake, 41 Hun, 385;\\nPeople v. Dolge, 45 Hun, 310.)\\nThe proceedings, under a special act, must strictly comply with the\\nprovisions thereof. {Ex parte Commissioners, 51 Barb. 277; Schreibers\\nAppeal, 53 How. Pr. 359.)\\nThe Commissioners must all be present at the meetings; but a majority\\nmay decide. {Babcock v. Lamb, 1 Cow. 238.)\\nWhen an authority is conferred upon three, two may act. {Woolsey v.\\nTompkins 23 Wend. 326.)\\nWhere one of the commissioners dies and there is no provision for filling\\nthe vacancy, the survivors may continue the proceedings. {People v.\\nSyracuse, 63 N. Y. 291.)\\nMajority of the commissioners have power to adjourn. {Matter of New-\\nland Avenue, 38 St. Rep. 796.)\\nThe commissioners appointed by the county court are not bound to", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0118.jp2"}, "119": {"fulltext": "The Highway Law of New York.\\n77\\nNotice of meeting.\\nfollow the route of the petition for the road with precision, and an exten\u00c2\u00ac\\nsion of one of the corners further than the petition is not erroneous if\\nthereby a better road is obtained. People v. Carman, 69 Hun, 118.)\\nA decision of the commissioners that a road should be altered \u00e2\u0080\u009cas in\\nsaid notice applied for,\u00e2\u0080\u009d held sufficient. (Carris v Commissioners, 2 Hill,\\n443.\\nPower of commissioners is exhausted when they have delivered the\\nassessment to the highway commissioners. People v. Mott, 60 N. Y. 649.)\\nSee King v. Brooklyn, 42 Barb. 627; Van Valkenburgli v. New York, 43\\nBarb. 109; Matter of Buffalo, 39 State Rep. 417.\\n85. Notice of meeting .\u00e2\u0080\u0094The applicant shall cause,\\nat least eight days previous, written or printed notice to\\nbe posted up in not less than three public places in the\\ntown specifying, as near as may be, the highway proposed\\nto be laid out, altered or discontinued, the tracts or par\u00c2\u00ac\\ncels of land through which it runs, and the time and place\\nof the meeting of the commissioners appointed by the\\ncounty court to examine the highway as mentioned in the\\nlast section. Such notice shall also, in like time, be per\u00c2\u00ac\\nsonally served on the owner and occupant of the land, if\\nthey reside in the town, or by leaving the same at their\\nresidence with a person of mature age; if they do not\\nreside in the same town, or service cannot be made, copy\\nof such notice shall be mailed to such owner and occupant,\\nif their post-office address is known to the applicant or\\nascertainable by him upon reasonable inquiry.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, 59, 62, and from L. 1873, cli.\\n69, 1, as amended by L. 1878, ch. 114.\\nIn any proceeding to condemn the private property of a citizen for a\\npublic use, all notices and hearings that may tend to give the party to be\\naffected any semblance of benefit, must be carefully observed. {People v.\\nKniskem, 54 N. Y. 61.)\\nCommissioners acquire no jurisdiction to make an order laying out a\\nhighway, until notice in writing has been given to the occupants of the\\nland. {People v. Smith, 7 Hun, 17; Peoples. Supervisors, 36 How. Pr.\\n544.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0119.jp2"}, "120": {"fulltext": "78\\nThe Highway Law op New York.\\nDecision of commissioners in favor of application.\\nNo title is acquired to lands not embraced in the notice. (Matter of\\nNewland Avenue 88 St. Rep. 796.)\\nOccupant of land through which a road is contemplated must have\\nnotice, and his attendance as a witness will not be deemed a waiver of\\nnotice. (People v. Osborn. 20 Wend. 187.)\\nNotice given to the occupant of land not vitiated because it erroneously-\\nstated that some of the improved lands were unimproved. (Snyder v.\\nTrumpbour 88 N. Y. 380.)\\nTo send the notices by mail is not a compliance with the statute.\\n(People v. Stedman, 57 Hun, 280.)\\nIn an action by commissioners of highways to recover penalties for\\nobstructing a highway, it is unnecessary for the plaintiffs to show that all\\nthe preliminary steps to the laying out of the road were taken. (Chap\u00c2\u00ac\\nman v. Gates 46 Barb. 317.)\\nCli. 114, L. 1880, is unconstitutional, it not providing for notice to land\\nowners. (People v. Mosier, 56 Hun, 64.)\\nNotice must be given of the hearing before a jury in re-assessing\\ndamages under ch. 455, L. 1847. (People v. Gray 49 Hun, 465; People v.\\nTollman, 36 Barb. 222.)\\nSee Case v. Thompson 6 Wend. 634; Matter of Art Street, 20 Wend. 685;\\nBouton v. Brooklyn 2 Wend. 395; Matter of William Street, 19 Wend. 678;\\nPeople v. Whitney s Point 32 Hun. 508; s. c. 102 N. Y. 81.\\n86. Decision of commissioners in favor of ap\u00c2\u00ac\\nplication \u00e2\u0080\u00a2\u00e2\u0080\u0094If a majority of the commissioners appointed\\nby the county court shall determine that the highway\\nor alteration applied for is necessary, or that the highway\\nproposed to be discontinued is useless, they shall assess\\nall damages which may be required to be assessed by rea\u00c2\u00ac\\nson thereof and make duplicate certificates to that effect.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, 63, and from L. 1880, ch.\\n114, 2.\\nSee notes under 80, ante, as to \u00e2\u0080\u009cCompensation to Land Owners.\u00e2\u0080\u009d\\nSee Constitution, Art. 1, t, post, as to method of ascertaining damages.\\nSee notes under 87, post, as to \u00e2\u0080\u009cAssessment of Benefits.\u00e2\u0080\u009d\\nThe question of damages is solely one for the commissioners, and their\\ndecision can not be disturbed on appeal. (See notes under 89, post.)", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0120.jp2"}, "121": {"fulltext": "The Highway Law of New York.\\n79\\nDecision of commissioners in favor of application.\\nEvidence must show and commissioners must find that a highway to be\\nabandoned is useless; it is not enough to find it unnecessary, or that a new\\nroad would be better. Matter of Coe, 19 Misc. 549.)\\nFormerly the land owner could elect the mode of assessing damages.\\n{Johnston v. Supervisors, 19 Johns. 272.)\\nObjection to manner of assessment of damages cannot be raised in a\\ncollateral suit. {Cooper v. Bean, 5 Lans. 318.)\\nA written agreement between the land owners and commissioners is a\\ngood assessment. {People v. Supervisors, 20 N. Y. 252.)\\nA corporation taking land for street purposes is directly liable to the\\nowner, in spite of an assessment empowering such owner to look to adjoin\u00c2\u00ac\\ning lot-holders. {Sage v. Brooklyn, 89 N. Y. 189; Genet v. Brooklyn 94 N.\\nY. 645; 114 N. Y. 618.)\\nWhere the commissioners decide to depart from the proposed width,\\nthey should notify the land owners and hear them upon the question of\\ndamages. {Matter of Feeney, 20 Misc. 272.)\\nMeasure of damages is present market value of the property. {Matter of\\nWilliam Street, 19 Wend. 678.)\\nThe assessment may estimate the value of the land at a certain sum per\\nfoot. {Coles v. Williamsburgh, 10 Wend. 659.)\\nA widow entitled to dower in the land is entitled to the value of her\\nlife-estate. {Matter of William Street, 19 Wend. 678.)\\nDamages for destruction of building erected over the line of a street.\\n{Matter of Furman Street, 17 Weud. 649.)\\nDamages where owner previously offered to dedicate the land. {Matter\\nof the Terrace, 39 St. Rep. 270.)\\nIn taking evidence as to damages, affidavits of disinterested parties may\\nbe received, but are not conclusive upon the commissioners; the owners\\nmay not be examined. {Matter of John Street, 19 Wend. 659; Matter of\\nWilliam Street, 19 Wend. 678; Matter of Twenty-ninth Street, 1 Hill, 189.)\\nBefore rendering their report as to damages, the commissioners may be\\nrequired to examine additional affidavits. {Ex parte Department of Public\\nWorks, 13 Hun, 483.)\\nParties who knew of the assessment proceedings and neglected to lay\\ntheir proof before the commissioners, are concluded. {Matter of John\\nStreet, 19 Wend. 659.)\\nIn the report of damages, it is sufficient if the property owners be", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0121.jp2"}, "122": {"fulltext": "80\\nThe Highway Law of New York.\\nDecision of commissioners in favor of application.\\ndescribed without being specially named. Granger v. Syracuse, 88 How.\\nPr. 308.)\\nWhen the claims of title are conflicting, the damages should be awarded\\nto \u00e2\u0080\u009cowners unknown.\u00e2\u0080\u009d (Matter of Eleventh Avenue, 49 How. Pr. 208; see,\\nalso, in this connection, Ex parte De Wint, 1 Cow. 595; 2 Cow. 498; Re\\nBogart s Estate, 1 Wend. 41; Ex parte Department of Parks, 73 N. Y. 560;\\nFisher v.Neiv York, 57 N. Y. 344; Matter of Eleventh Avenue, 81 N. Y. 436;\\nMatter of William Street. 19 Wend. 678; Pollock v. Morris, 105 N. Y. 676.)\\nWhere an award of damages was made to the husband of the owner,\\nthe proceedings were not thereby invalidated. (Mitchell v. White Plains.)\\nSeparate sums as damages should be awarded to lessor and lessee; but\\nif only one sum is awarded the former, the latter may recover from him\\nhis proportionate share. (Coutant v. Catlin, 2 Sand. Ch. 485.)\\nWhere separate sums are awarded each, the decision is conclusive as\\nbetween lessor and lessee. (Turner v. Williams, 10 Wend. 139; Coutant\\nv. Catlin, 2 Sand. Ch. 485.)\\nValue of leasehold interest; how estimated. (Ex parte Commissioners,\\n54 How. Pr. 313.)\\nA lessee\u00e2\u0080\u0099s right of renewal should be considered in fixing his damages.\\n(Matter of William Street, 19 Wend. 678.)\\nRights of grantors and grantees to damages. (Livingston v. New York,\\n8 Wend. 85; Matter of Furman Street, 17 Wend. 649; Baldwin v. Buffalo,\\n35 N. Y. 375; Matter of Pierce, 24 Abb. N. C. 134; Matter of Munson, 9\\nSt. Rep. 126; New York v. Curran, 24 Abb. N. C. 128.)\\nWhen the assessment of the commissioners is completed and delivered\\nto the commissioners of highways, their power is exhausted. (People v.\\nMott, 60 N. Y. 649.)\\nSee Matter of City of Rochester, 24 App. Div. 383; Dexter v. Alfred, 74\\nHun, 259; People v. Whitney, 17 W. D. 456; People v. Supervisors, 3 Barb.\\n332, People v. Supervisors, 12 Barb. 446; People v. Supervisors, 19 Wend.\\n102; Matter of IS 1st St., 35 St. Rep. 548; Reinhardt v. Buffalo, 39 St. Rep.\\n304; Matter of Department of Public Parks, 36 St. Rep. 516; Matter of\\n127th St., 56 How. Pr. 60; Riker v. New York, 3 Daly, 174.\\nAssessment of Damages by Jury.\\nThe provisions of the various former statutes, relative to the assessmen\\nand re-assessment of damages by a jury, have all been either repealed or\\nrendered obsolete by the highway law.", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0122.jp2"}, "123": {"fulltext": "The Highway Law of New York.\\n81\\nDamages in certain cases, how estimated.\\nDecisions applicable to former statutes. (People v. White, 59 Barb. 666;\\nPeoples. Eldridge 3 Hun, 541; Clark v. Miller, 42 Barb. 255; Pafchin v.\\nBrooklyn, 2 Wend. 377; s. c., 8 Wend. 47; People v. Lewis, 26 How. Pr.\\n378; People v. Supervisors, 34 N. Y. 268; People v. See, 29 Hun, 216; Canal\\nBank v. Albany, 9 Wend. 244; Matter of William Street, 19 Wend. 678;\\nCommissioners v. Judges, 7 Wend. 264; Owners v. Albany, 15 Wend. 374;\\nBuckley v. Drake, 41 Hun, 384; People v. Dains 38 Hun, 43; Clark v.\\nStillman 18 W. D. 232; People v. Potter 36 Hun, 181; People v. Schell-\\nenger, 32 St. Rep. 353; People v. WeZd, 6 St. Rep. 173; People v. Dolge, 45\\nHun, 310; Tiffany v. Gifford, 24 St. Rep. 906; Matter of Main Street, 98\\nN. Y. 454; People v. Robinson 8 St. Rep. 840; People v. Brown, 47 Hun,\\n459.)\\n87. Damages in certain cases, how estimated\\nThe owner of lands within the bounds of a highway dis\u00c2\u00ac\\ncontinued may inclose the same and have the exclusive\\nuse thereof, and the benefits resulting therefrom may be\\ndeducted in the asssessment of damage caused by the\\nlaying out of a highway through his other lands in place\\nof the discontinued highway.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, 64, as amended by L. 1847,\\nch. 455, 22; from 1 R. S., ch. 16, tit. 1, art. 4, \u00c2\u00a771; and from L. 1880, ch.\\n114, \u00c2\u00a73.\\nRight of owner to fence in old road when new one is laid out on his\\nlands. Engleman v. Longhorst 120 N. Y. 332.)\\nWhen acquiescence in the use of a highway by the people, deemed a\\nwaiver by the owner of right to damages. {Chapman v. Gates, 46 Barb.\\n313.)\\nConstitutionality of chap. 455 of Laws of 1847. {Clark v. Miller 42\\nBarb. 263.)\\nSee Matter of Pearl Street, 19 Wend. 651; Matter of William Street, 19\\nWend. 678.\\nAssessment of Benefits.\\nThe references under this heading have application to the opening and\\nimprovement of streets in cities and villages where a portion at least of\\n6", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0123.jp2"}, "124": {"fulltext": "82\\nThe Highway Law of New York.\\nAssessment of benefits.\\nthe cost of such improvement is assessed directly upon the property\\nbenefited.\\nAssessment should be on basis of benefit over loss and damage. (Matter\\nof Fourth Avenue, 3 Wend. 452; Canal Bank v. Albany, 9 Wend. 244;\\nMatter of Albany Street, 11 Wend. 149; Matter of Degraw Street, 18 Wend.\\n568; Matter of William Street, 19 Wend. 678; Matter of Riverside Park, 63\\nBarb. 282.)\\nThe amount of benefit should be determined by ascertaining the market\\nvalue of the property with the improvement and without it. (Elwood v.\\nRochester, 43 Hun, 102; s. c., 122 N. Y. 229.)\\nCemetery lands should be exempted. (Matter of Eleventh Avenue, 49\\nHow. Pr. 208.)\\nRailroad lands should not be exempted without explanation thereof.\\n(Matter of Cedar Park, 1 How. Pr. (N. S.) 257.)\\nIhe bed of a railroad is not benefited by a street being opened across it.\\n(Railroad Co. v. Morrisania, 7 Hun, 652; Railroad Co. v. Kane, 9 Hun,\\n506; s. c., 72 N. Y. 614.)\\nRelief by court from improper assessment. (Murray v. Graham, 22\\nWend. 559 Merrill v. Brooklyn, 3 Edvv. Ch. 421; Elwood v. Rochester, 43\\nHun, 102; s. c., 122 N. Y. 229.)\\nWhere land is taken for a street, the increased value of the owner\u00e2\u0080\u0099s ad\u00c2\u00ac\\njoining property may be set off against the damage sustained. (Betts v.\\nWilliamsburgh, 15 Barb. 255; Livingston v. New York, 8 Wend. 85; Wyman\\nv. New York, 11 Wend. 486.)\\nThe power to levy assessments for local improvements exists only where\\nit is distinctly conferred by legislative authority. (Stebbins v. Kay, 123 N.\\nY. 31.)\\nReport of commissioners of estimate; objections thereto; confirmation\\nof. (.Matter of John Street. 19 Wend. 659; Matter of William Street, 19\\nWend. 678; Matter of Spuyten Duyvil Parkway, 67 How. Pr. 341; Matter\\nof Fourth Avenue, 11 Abb. Pr. 189; Brodhurst v. Turnpike Co., 16 Johns.\\n8, Matter of Munson, 9 St. Rep. 126; Matter of Livingston Street, 18 Wend.\\n556; Matter of Church Street, 49 Barb. 455.)\\nLong Island City. (Matter of Woolsey, 95 N. Y. 135; Matter of Flushing\\nAvenue, 101 N. Y. 678.)\\nAlbany. (Exparte Albany, 23 Wend. 277; Canal Bank v. Albany, 9\\nWend. 244.)\\nNew York. (Gilbert v. Havemeyer, 2 Sand. 506; Matter of Commissioners\\nof Public Parks, 47 Hun, 302; Matter of New York, 27 St. Rep. 188; Astor", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0124.jp2"}, "125": {"fulltext": "The Highway Law of New York.\\n83\\nMotion to confirm, vacate or modify.\\nv. New York, 62 N. Y. 580; Matter of Eleventh Avenue, 49 How. Pr. 208;\\nMatter of 13Sth Street, 60 How. Pr. 290.)\\nSyracuse. (.People v. Syracuse, 63 N. Y. 291.)\\nBrooklyn. (People v. Brooklyn, 17 W. D. 543; Genet v. Brooklyn, 99 N..\\nY. 293; s. c., 114 N. Y. 618.)\\nRochester. \\\\(Elwood v. Rochester, 43 Hun, 102; 122 N. Y. 229.)\\nAmsterdam. (.Matter of Amsterdam, 126 N. Y. 158.)\\nSee Stebbins v. Kay, 123 N. Y. 31; Lowerre v. New York, 46 Hun, 253;\\nTingue v. Port Chester, 101 N. Y. 294.)\\n88. Decision of commissioners denying applica\u00c2\u00ac\\ntion .\u00e2\u0080\u0094If a majority of the commissioners appointed by\\ncounty court shall determine that the proposed highway or\\nalteration is not necessary, or that the highway proposed\\nto be discontinued is not useless, they shall make dupli\u00c2\u00ac\\ncate certificates to that effect. The costs and expenses\\nnecessarily incurred by such commissioners in the pro\u00c2\u00ac\\nceedings shall be indorsed upon such duplicate certificates,\\nand upon a confirmation of such decision and of the\\namount of such costs and expenses by the county court,\\nsuch costs and expenses not exceeding fifty dollars shall\\nbe payable by the applicants.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, 82. Amended by L. 1894, eh.\\n334.\\n89. Motion to confirm, vacate or modify\\nWithin thirty days after the decision of the commissioners\\nshall have been filed in the town clerk\u00e2\u0080\u0099s office any party\\ninterested in the proceeding may apply to the court if in\\nsession or to the county judge appointing the commis\u00c2\u00ac\\nsioners for an order confirming, vacating or modifying\\ntheir decision, and such court or judge may confirm,\\nvacate or modify such decision. If the decision be vacated\\nthe court or judge may order another hearing of the mat\u00c2\u00ac\\nter before the same or other commissioners. If no such", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0125.jp2"}, "126": {"fulltext": "84\\nThe Highway Law of New York.\\nt\\nMotion to confirm, vacate or modify.\\nmotion is made, the decision of the commissioners shall be\\ndeemed final. Such motion shall be brought on, upon\\nthe service of papers upon adverse parties in the proceed\u00c2\u00ac\\ning, according to the usual practice of the court in actions\\nand special proceedings pending therein; and the decision\\nof the county court or judge shall be final, excepting that\\na new hearing may be ordered as herein provided, and\\nexcepting that any such decision may be reviewed on\\nappeal upon questions affecting jurisdiction, and rulings\\nand exceptions made and taken upon the hearing before\\nthe commissioners. If the final decision shall be adverse\\nto the applicant, no other application for laying out, alter\u00c2\u00ac\\ning or discontinuing the same highway shall be made\\nwithin two vears.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, \u00c2\u00a7\u00c2\u00a784-90, as amended by L.\\n1845, ch. 180, and L. 1847, ch. 454. Amended by L. 1895, ch. 716, and L.\\n1899, ch. 702, in effect May 26, 1899.\\nSee 92, 152, post, as to costs on such motion.\\nDeclaratory of the statute. People v. VanAlstyne, 32 Barb. 131.)\\nThe right to appeal does not exist in the case of a local highway act\\nunless especially conferred thereby. People v. Lawson, 17 Johns. 277.)\\nEach owner of improved lands is entitled to a separate appeal. Clark\\nv. Phelps 4 Cow. 190.)\\nThe limit of time provided by this section within which an appeal may\\nbe taken to the county court, relates to the time of instituting the motion\\nby service of notice thereof and not to the hearing thereof. Matter of\\nOlenside Woolen Mills, 92 Hun, 188.)\\nFormerly held that a decision refusing to lay out, etc., could be reviewed\\nwithin four years. People v. Jones, 63 N. Y. 306.)\\nNotice of appeal. (King v. Reed, 9 Supp. 616.)\\nNotice of appeal must be served on each commissioner and each land-\\nowner. (Commissioners v. Claw 15 Johns. 537; People v. Osborn, 20 Wend\\n186; People v. Lawrence, 54 Barb. 589; Metcalf v. Garlinghouse, 40 How.\\nPr. 50.)\\nAn appeal suspends the powers of the commissioners, and if they act\\nbefore their acts are affirmed by a decision they are trespassers. (Clark\\nv. PTtelps, 4 Cow. 190; People v. Temple, 27 Hun, 128.)\\nAn from an order discontinuing a pubBc highway does not\\njustify the removal of an obstruction thereon before the determination erf\\nthe appeal. (Drake v. Rogers 3 Hill, 604)", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0126.jp2"}, "127": {"fulltext": "Tele Highway Law of New York.\\n85\\nMotion to confirm, vacate or modify.\\nWhen petitioner should be made a party defendant in proceedings to\\nreview. (People v. County Court, 92 Hun, 13.)\\nWho may be heard on appeal. (Matter of Coe, 19 Misc. 549; Matter of\\nOakley Avenue, 85 Hun, 446.)\\nObjection to the sufficiency of the petition to lay out a highway should\\nbe raised by motion to set aside the order appointing the commissioners\\nand not upon a motion to confirm, vacate or modify, (Matter of Pugh\\n22 Miso. 43.)\\nWhat facts and evidence should be considered upon the appeal. (People\\nv. Goodivin, 5 N. Y. 568; People v. Judges 23 Wend. 330; Matter of John\\nStreet, 19 Wend. 659; Matter of William Street, 19 Wend. 678; Matter of\\nPacific Street, 1 Den. 623; Matter of Emmons Ave., 17 St. Rep. 722.)\\nUpon an appeal from an order discontinuing a highway, the burden is\\nupon the respondent to show that the highway is useless and unnecessary.\\n(People v. Nichols, 51 N. Y. 470.)\\nThe court has no power or authority to interfere with the findings or\\ndecision of the commissioners upon the question of damages. (Const.,\\nart. 1, 7; Matter of Feeney, 20 Misc. 272; People v. Thayer, 88 Hun, 136;\\nMatter of Carpenter, 11 Misc. 690; Matter of Pugh, 22 Misc. 43.)\\nIt was formerly held, however, that the court could entertain and\\ndecide motions to confirm an assessment of damages, and coni review\\nthe assessment by certiorari. See decisions applicable to certiorari pro\u00c2\u00ac\\nceedings under this section; see, also, Le Roy v. New York, 20 Johns.\\n430; Owners v. Albany, 15 Wend. 374; Matter of Furman Street, 17 Wend.\\n649; Matter of Mt. Morris Square, 2 Hill, T4; Matter of Hand Street, 52\\nHun, 206; Matter of Henry Street, 7 Cow 400; Matter of Pearl Street, 19\\nWend. 651; Matter of John Street 19 Wend. 659; Ex parte Commissioners\\n51 Barb. 277; Ex parte Central Park, 16 Abb. Pr. 56; Matter of r nit hem\\nBoulevard, 3 Abb. Pr. (N. S.) 447; Matter of Bushwick Avenue, 48 Barb.\\n9; Matter of South Seventh-Street, 48 Barb. 12; Matter of Union Avenue,\\n59 How. Pr. 228; Matter of 138th Street, 60 How. Pr. 290; Matter of Har\u00c2\u00ac\\nman Street, 16 Johns. 231; Matter of Dover Street, 1 Cow. 74; Matter of\\nAlbany Street, 11 Wend. 149; Matter of Eleventh Avenue, 49 How. Pr.\\n208; Matter of Third Street, 6 Cow. 571; Matter of Eleventh Avenue, 81\\nN. Y. 436; Buell v. Lockwood, 8 N. Y. 55.\\nUncertainty in the description of the highway to be [laid out is good\\nground for setting aside the proceedings. (People v. Diver, 19 Him, 2Go.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0127.jp2"}, "128": {"fulltext": "$6 The Highway Law of New York.\\nMotion to confirm, vacate or modify.\\nThe court is not authorized under this section to designate the width of\\na proposed highway. {Matter of Feeney, 20 Misc. 272.)\\nAn order, on appeal, that the road be laid out as applied for, is a suffici-\\ncent direction to the commissioners to lay it out. {People v. Commissioners\\n1 Cow. 28.)\\nCosts on appeal. {Cary v. Marston, 56 Barb. 27; Disosway v. Winant 1\\nAbb. Dec. 508.)\\nAn order of the county court under this section is final; it cannot be\\nreviewed by certiorari or appeal. {People v. County Court, 4 App. Div.\\n542; Matter of Taylor Allan 8 App. Div. 395.)\\nAn appeal lies from the decision of the county court: it may not be\\nreviewed by certiorari. {People ex rel. R. R. Co. v. County Court, 152 N.\\nY. 214; Matter of De Camp 151 N. Y. 557; People v. Nash, 38 St. Rep.\\n730; Matter of Kingsbridge Road. 4 Hun, 599; s. c., 62 N. Y. 645.)\\nAs to appeals from the proceedings of a municipal corporation in laying\\nout and widening its streets. (Matter of Kingsbridge Road, 4 Hun, 599\\ns. c., 62 N. Y. 645; Brooklyn v. Meserole, 26 Wend. 132; Merrill v. Brooklyn,\\n3 Edw. Ch. 421; Guest v. Brooklyn, 69 N. Y. 506; Kennedy v. Troy, 77 N.\\nY. 493.)\\nThe regularity of the proceedings of the commissioners cannot be\\nreviewed by the supervisors. {People v. Supervisors, 7 Wend. 531; People\\nv. Supervisors of Kings County, 16 Wend. 520.)\\nCertiorari will not lie under the present statute to review the decision\\nof the commissioners; the above section being broad enough to confer all\\npowers of review upon the county court by appeal. {People v. Thayer. 88\\nHun, 136.)\\nDecisions applicable to certiorari proceedings under former statutes.\\n{People v. Melville, 7 Misc. 214; People v. Stedman, 57 Hun, 280: Patchin\\nv. Brooklyn, 13 Wend. 664; Matter of Washington Park, 1 Sand. 283;\\nPatchin v. Brooklyn, 2 Wend. 377; s. c., 8 Wend. 47; Bogartv. New York.\\n7 Cow. 158; Matter of Carlton Street, 20 Wend. 685; Ex parte Sanders,\\n4 Cow. 544; People v. Whitney, 17 W. D. 456; People v. Heddon, 32 Hun!\\n299: People v. Dolge, 45 Huu, 310; People v. Hildreth, 126 N. Y. 360;\\nPeople v. Moore, 39 St. Rep. 881; People v. Supervisors, 7 Wend. 531;\\nPeople v. Supervisors 16 Wend. 520; People v. County Court, 92 Hun!\\n13; Beardslee v. Dolge, 143 N. Y. 160.)\\nUnder the former statutes from which this section was revised, appeals\\nwere heard by three judges of the Common Pleas or by three referees ap-", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0128.jp2"}, "129": {"fulltext": "The Highway Law op New York.\\n87\\nLimitations upon laying out highways.\\npointed by the county judge. (People v. Brown, 47 Hun, 59: People v.\\nCommissioners 57 N. Y. 549; People v. Commissioners, 8 N. Y. 476; People\\nv. Kniskern, 54 N. Y. 52; People v. Connor, 48 Barb. 333; Terpenning v.\\nSmith, 46 Barb. 208; People v. Robertson, 17 How. Pr. 74; Peoples. Crosier,\\n26 How. Pr. 195; People v. Barber, 12 Barb. 193; People v. Plainfield, 7\\nHow. Pr. 27; People v. Watertown, 7 How. Pr. 28; People v. Baker, 19\\nBarb. 240; People v. FerHs; 41 Barb. 121; People v. Van Alstyne, 32 Barb.\\n131; People v. Burton, 65 N. Y. 452; People v. Sherman, 15 Hun, 575;\\nPeople v. Harris 63 N. Y. 391; People v. Strevell, 27 Hun, 218; Rector v,\\nClark, 78 N. Y. 21; People v. Heddon, 32 Hun, 299; People v. Talmage,\\n46 Hun, 603; People v. Carman, 47 Hun, 380; Harris v. Whitney, 6 How.\\nPr. 175; Commissioners v. Judges, 7 Wend. 264; Commissioners v. Judges,\\n25 Wend. 453; People v. Champion, 16 Johns. 61; Commissioners r. Judges,\\n13 Wend. 432; Ex parte Commissioners, 1 Cow. 142; Snyder v. Trumpdour\\n38 N. Y. 355; CcmaZ Bcmfc v. Albany, 9 Wend. 244; Matter of Beekman\\nStreet, 20 Johns. 269; Striker v. Kelly, 7 Hill, 9; People v. Cortelyou, 36\\nBarb. 164; People v. Sweet, 18 W. D. 258.)\\nSee Matter of James 43 Hun, 67; Commissioners of Carmel v. Judges\\nof Putnam, 7 Wend. 264; People v. Strevell, 27 Hun, 218; Matter of 163rd\\nStreet, 40 St. Rep. 684; Matter of Lexington Avenue, 40 St. Rep. 723;\\nPeople v. Haverstraw 47 St. Rep. 891; Matter of Highway at Tappan 83\\nHun, 613.\\n90. Limitations upon laying out highways\\nNo highway shall be laid out less than three rods in width,\\nnor through an orchard of the growth of four years or\\nmore, or any garden cultivated as such for four years or\\nmore, or grape vineyard of oue or more year\u00e2\u0080\u0099s growth,\\nand used in good faith for vineyard purposes, or build\u00c2\u00ac\\nings, or any fixtures or erections for the purposes of trade\\nor manufactures, or any 3? a rd or iuclo siire necessary to the\\nuse and enjoyment thereof, without the consent of the\\nowner or owners thereof, unless so ordered by the county\\ncourt of the county in which the proposed highway is situ\u00c2\u00ac\\nated; such order shall be made on the certificate of the\\ncommissioners of highways of the town or towns in which", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0129.jp2"}, "130": {"fulltext": "88\\nThe Highway Law of New York.\\nLimitations upon laying out highways.\\nthe proposed highway is situated, showing that the public\\ninterest will be greatly promoted by the laying out and\\nopening of such highway, and that commissioners ap\u00c2\u00ac\\npointed by the court have certified that it is necessary, a\\ncopy of the certificate, with eight days\u00e2\u0080\u0099 notice of the time\\nand place of the hearing before the county court, shall be\\nserved on the owners of the land, or if they are not resi\u00c2\u00ac\\ndents of the county, upon the occupants; the county court\\nupon such certificates, and the proofs and other proceed\u00c2\u00ac\\nings therein, may order the highway to be laid out and\\nopened, if it deems it necessary and proper The com\u00c2\u00ac\\nmissioners of highways shall then present the order of the\\ncounty court, with the certificate and proofs upon which\\nit was granted, certified by such court to the general term\\nof the supreme court in the judicial department in which\\nthe land is situated, upon the usual notice of motion,\\nserved upon the owner or occupant, or the attorney w r ho\\nappeared for them in the county court. If such general\\nterm of the supreme court shall confirm the order of the\\ncounty court, the commissioners of highways shall then\\nlay out and open such highway as in other cases. The\\npiovisions of this section shall not apply to vineyards\\nplanted, or to buildings, fixtures, erections, yards or in\u00c2\u00ac\\nclosures, made or placed on such land after an applica\u00c2\u00ac\\ntion for the laying out and opening the highway shall\\nhave been made. In case the highway to be laid out shall\\nconstitute an extension or continuation of a public high\u00c2\u00ac\\nway already in use, and shall not, as to such new por\u00c2\u00ac\\ntion, exceed half a mile in length, the commissioners\\nmay lay out such extension or continuation, of a width of\\nless than three rods, provided, however, that it be not\\nless than the widest part of the highway of which it is an\\nextension or continuation. In such case the commis\u00c2\u00ac\\nsioners shall specify in their certificate the precise width\\nof the new portion of such highway, and shall certify that", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0130.jp2"}, "131": {"fulltext": "The Highway Law of New York.\\n89\\nLimitations upon laying out highways.\\nsuch width is as great at least as the widest part of the\\nhighway of which it is a continuation or extension.\\nRevised from L. 1869, ch. 24, 1, and from 1 R. S., ch. 16, tit. 1, art. 4,\\n57, 58, 80, as amended by L. 1873, ch. 773. Amended by L. 1895, ch. 508.\\nSee Insanity Law, 33, as to opening roads through lands of state\\nhospital.\\nAs to the power of commissioners to lay out a road through buildings,\\netc., under the original act. Clark v. Phelps 4 Cow. 190; Harrington v.\\nPeople, 6 Barb. 607.)\\nA verbal consent by the owner to the laying out of a highway through\\nhis cultivated land, is sufficient, if acted upon before revocation. People\\nv. Albright, 14 Abb. Pr. 305; People v. Goodwin, 5 N. Y. 568; McCarthy v.\\nWhalen, 19 Hun, 503; s. c., 87 N. Y. 148; Marble v. Whitney, 28 N. Y.\\n297; Benedict v. Calkins, 45 Hun, 549; see Fowler v. Mott, 19 Barb. 204.)\\nA promise to pay the owner a certain sum for his consent to the laying\\nout of a road through his lands may be enforced by action. Noyes v.\\nChapin, 6 Wend. 461.)\\nAn order lajung out a highway through cultivated, improved or enclosed\\ngrounds should be signed by all the commissioners or show that all parti\u00c2\u00ac\\ncipated or were notified so to do. People v.IIynds 30 N. Y. 470; People\\nv. Commissioners, 27 Barb. 94.)\\nAs to whether such a highway is \u00e2\u0080\u009cnecessary and proper\u00e2\u0080\u009d depends upon\\nthe circumstances of the case. People v. Ireland, 75 Hun, 600.)\\nWhether or not the yard or inclosure comes within the statute depends\\nupon the nature and situation thereof. Lansing v. Caswell, 4 Paige, 523;\\nPeople v. Cowles 3 T. C. 766.)\\nWhether the land desired is a garden is a question of fact, People v.\\nMoore, 39 St. Rep. 881.)\\nGarden, barn-yard and bee-yard within the statute. \\\\People v. Temple\\n27 Hun, 128; Matter of James, 43 Hun, 67; People v. Commissioners, 57\\nN. Y. 549; People v. Horton 8 Hun, 357.)\\nDoor-yard within the statute. {Ex parte Clapper, 3 Hill, 458.)\\nUnoccupied land next to a saw-mill held not to be such a \u00e2\u0080\u009cyard or\\ninclosure\u00e2\u0080\u009d as to require the owner\u00e2\u0080\u0099s consent; also a mill-race is not\\nwithin the statute. {People v. Kingman, 24 N. Y. 559.)\\nAs to what did not constitute an orchard. {People v. Schellenger, 32 St,\\nRep. 353.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0131.jp2"}, "132": {"fulltext": "90\u00e2\u0080\u0099\\nThe Highway Law of New York.\\nLimitations upon laying out highways.\\nWhether consent to the opening of a road through cultivated land or\\nbuildings shall be granted must depend greatly upon the particular\\ncircumstances. (Matter of Four-Comer Road, 37 St. Rep. 711; People v.\\nMoore, 3 r St. Rep. 881; People v. Commissioners, 42 Hun, 463.)\\nThe county court can not modify the decision of the commissioners so as\\nto designate the width of the highway. (Matter of Feeney, 20 Misc. 272.)\\nAn order directing the laying out of a new road is not void because part\\nof it is upon the bed of an old road two rods wide. {Snyder v. Plass, 28\\nN. Y. 465; Snyder v. Trumpbour 38 N. Y. 355.)\\nMotion to confirm order of county court laying out a highway denied on\\nground proof fails to show its necessity. {Matter of Town of Hampton, 21\\nApp. Div. 628.)\\nAs to who may oppose the confirmation of the order of the county court\\nby the appellate division {Matter of Oakley Avenue, 85 Hun, 446.)\\nWhere the order laying out the highway does not comply with the\\nrequirements of the statute in the matter of stating the width, courses,\\netc., the order will be reversed upon appeal. {People v. Diver, 19 Hun,\\n263.)\\nA certificate, approved by the county court and general term, is\\nnevertheless not conclusive of the right to locate the road. {People v.\\nTemple, 27 Hun, 128.)\\nAs to the power of the board of supervisors to authorize the laying out\\nof a highway of a less width than is now required by statute. {People v.\\nDains 38 Hun, 43; Phillips v. Schumacher, 10 Hun, 411.)\\nAs to the power of a board ^of supervisors to appoint special commis\u00c2\u00ac\\nsioners to lay out a road through a building, under L. 1838, ch. 314, and\\nL. 1848, ch. 164. {People ex rel. Sammis v. Supervisors, 12 Supp. 21; s, c.,\\n58 Hun, 371.)\\nSee Matter of James, 43 Hun, 67; Elwood v. City of Rochester, 43 Hun,\\n109; s. c., 122 N. Y. 229; Snyder v. Plass, 28 N. Y. 465; Snyder v. Trump\u00c2\u00ac\\nbour, 38 N. Y. 355; People v. Scott, 8 Hun, 566; People v. Strevell, 27 Hun,\\n218; Matter of Oakley Avenue, 85 Hun, 446; Commissioners v. Judges, 7\\nWend. 264; Herrick v. Stover, 5 Wend. 580; Gould v. Glass, 19 Barb. 179;\\nPeople v. Commissioners, 27 Barb. 94; Harrington v. People, 6 Barb. 607;\\nCarris v. Commissioners, 2 Hill, 443; Patchin v. Brooklyn 2 Wend. 377,", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0132.jp2"}, "133": {"fulltext": "The Highway Law of New York.\\n91\\nLaying out highways through burying grounds.\\nHighways Crossing Railroads.\\nA public highway may be laid out across the track of a railroad com\u00c2\u00ac\\npany, without ^compensation, though the company has purchased the\\nfee. Railroad Co. v. Greeribush, 5 Lans. 461; Railroad Co. v. Kerr, 45\\nBarb. 1S8; Fx parte Kerr, 42 Barb. 119; Railroad Law, post; Railroad Co.\\nv. SiJverstone, 46 St. Rep. 141.)\\nThis right extends to the whole roadbed. D. H. C. Co. v. White\u00c2\u00ac\\nhall 10 N. Y. 21.)\\nBut not to land condemned for depot purposes, or where tracks are laid\\nfor storing cars. Railroad Co. v. Greenbush, 52 N. Y. 510; Railroad Co.\\nv. Williamson, 91 N. Y. 552; Railroad Co. v. Brunnell, 24 N. Y. 345;\\nMatter of Alexander Avenue, 44 St. Rep. 546.)\\nSuch an act will be restrained by injunction. (Railroad Co. v.\\nBrownell, 24 N. Y. 345; Railroad Co. v. Williamson 18 W. D. 257.)\\nThe legislature, under the constitution, may require a railroad company\\nto construct a bridge to carry a turnpike road over its track. People v.\\nBoston Albany R. R. Co., 70 N. Y. 569.)\\nI See as to an incorporated village opening a street through a railroad\\n\u00e2\u0080\u009cyard.\u00e2\u0080\u009d (Mattel of Folts Street, 18 App. Div. 568.)\\nA railroad company may appeal from an order laying out a street across\\nits track. (People v. May, 27 Barb. 238.)\\nSee L. 1853, ch. 62, Appendix, post, regulating the construction of\\nroads over railroad tracks.\\nSee notes under 100, post, as to \u00e2\u0080\u009cUses of Highways.\u00e2\u0080\u009d\\n91. Laying out highways through burying\\ngrounds .\u00e2\u0080\u0094No private road or highway shall be laid out\\nor constructed upon or through any burying ground, un-\\nunless the remains therein contained are first carefully\\nremoved, and properly reinterred in some other burying\\nground, at the expense of the persons desiring such road\\nor highway, and pursuant to an order of the county court\\nof the county in which the same is situated, obtained upon\\nnotice to such persons as the court may direct.\\nRevised from L. 1868, ch. 843, 1.\\nFor a discussion as to the general policy of the legislature in regard to\\nthe taking of cemeteries and burying grounds for public purposes, see\\nMailer of Board of Street Opening, 62 Hun, 499.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0133.jp2"}, "134": {"fulltext": "92\\nThe Highway Law of New York.\\nCosts, by whom paid.\\n92. Costs, by whom paid .\u00e2\u0080\u0094In all cases of assess\u00c2\u00ac\\nments of damages by commissioners appointed by the\\ncourt, the costs thereof shall be paid by the town except\\nwhen reassessment of damages shall be had on the appli\u00c2\u00ac\\ncation of the party for whom the damages were assessed,\\nand such damages shall not be increased on such reassess\u00c2\u00ac\\nment, the costs shall be paid by the party applying for the\\nreassessment; and when application shall be made by two\\nor more persons for the reassessment of damages, all per\u00c2\u00ac\\nsons who may be liable for costs under this section shall\\nbe liable in proportion to the amount of damages respec\u00c2\u00ac\\ntively assessed to them by the first assessment, and may\\nbe recovered by action in favor of any person entitled to\\nthe same. Each commissioner appointed by the court,\\nfor each day necessarily employed as such, shall be entitled\\nto four dollars and his necessary expenses.\\nRevised from L. 1847, cli. 455, 7. Amended by L. 1S97, ch. 344, 2.\\nSee 152, post, as to costs on motions.\\nCosts\u00e2\u0080\u009d as referred to in this section are costs which may be allowed to\\none of the parties under the provisions of section 152. People ex rel. Bevins\\nv. Supervisors, 82 Hun, 298.)\\nThe term costs cannot be deemed to apply to a bill for legal services\\nrendered by an attorney employed by the highway commissioner. A\\nhighway commissioner cannot bind the town except under a power\\nexpressly conferred by statute and so would be personally liable for such\\na bill. {People ex rel. Bevins v. Supervisors 82 Hun, 298.)\\nWhen the commissioners report in favor of a proposed highway and\\nassess the damages but the proceeding fails because of the absence of the\\nnecessary consent of the owner or certificate of the highway commis\u00c2\u00ac\\nsioners, the costs of the proceeding and the fees of the commissioners\\nshould be borne by the applicant. {Matter of Miller, 9 App. Div. 260; see\\n83 of Highway Law, ante.)\\nFees of commissioners are not a charge upon the town where the\\nproceeding to lay out a highway fails. {Matter of Miller, 9 App. Div. 206.)\\n93. Damages assessed, and costs to be audited\\nAll damages to be agreed upon, or which may be finally", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0134.jp2"}, "135": {"fulltext": "The Highway Law op New York.\\n93\\nDamages assessed, and costs to be audited.\\nassessed, and costs against the town, as herein provided,\\nshall be laid before the board of town auditors, or in towns\\nnot having a board of town auditors, before the town board,\\nto be audited with the charges of the commissioners, jus\u00c2\u00ac\\ntices, surveyors or other persons or officers employed in\\nmaking the assessment, and for whose services the town\\nsnail be liable, and the amount shall be placed upon the\\ntown abstract and levied and collected in the town in which\\nthe highway is situated, and the money so collected shall\\nbe paid to the commissioners of highways of such town,\\nwho shall pay to the owner the sum assessed to him, and\\nappropriate the residue to satisfy the charges aforesaid.\\nRevised from L. 1847, eh. 455, 23. Amended by L. 1898, eh. 106.\\nThe amendment of 1898 removes the auditing of the assessed damages\\nfrom the board of supervisors to the town board.\\nSee notes under 86, ante.\\nSee notes under 92, ante, on People ex rd. Bevins v. Supervisors, 82\\nHun, 298.\\nSee notes under 87, ante, on Assessment of Benefits.\u00e2\u0080\u009d\\nThe legislature has power to lay a tax for the opening of a highway and\\nmay confer power to sell real estate in order to pay an assessment.\\n{Strikers. Kelly 7 Hill, 9; Rexford v. Knight, 15 Barb. 627; Stebbins v.\\nKay, 51 Hun, 589; s. c., 123 N.Y. 31.)\\nDamages can be assessed as provided in the highway act and no more\\ncan be levied and collected of the town. People v. Supervisors, 28 N. Y.\\n116.)\\nThe payment or assessment of damages, held not to be a condition pre\u00c2\u00ac\\ncedent to the right to open the road. Case v. Thompson, 6 Wend. 634.)\\nIt is not a good objection to a bill for damages presented against a\\ntown that the road was built for state purposes. People v. Supervisors\\n20 N. Y. 253.)\\nWho is the owner in a legal sense. Smith v. Ferris, 6 Hun, 553.)\\nLiability for interest on award of damages in city. {Barnes v. New\\nYork, 27 Hun, 236.)\\nMunicipal assessment for widening a street is a lien upon the^premises.\\n{New York v. Colgate, 12 N. Y. 140.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0135.jp2"}, "136": {"fulltext": "94\\nThe Highway Law of New York.\\nWhen officers of different towns disagree about highways.\\nMunicipal assessment in New York city under act of 1869. (Master of\\nBroadway 49 N. Y. 150.)\\nBoard of supervisors adjourning without acting upon claim for dam\u00c2\u00ac\\nages. (People v. Supervisors 20 N. Y. 252.)\\nSee People v. Supervisors 5 Cow. 292; Matter of Lexington Avenue 3\\nHun, 221; People v. Supervisors, 16 Wend. 520.\\n94. When officers of different towns disagree\\nabout highway When the commissioners of highways\\nof any town, or officers of any village or city having the\\npowers of commissioners of highways, shall differ with\\nthe commissioners of highways of any other town, or with\\nthe officers of such a village or city having the powers of\\ncommissioners of highways in the same county, relating\\nto the laying out of a new highway or altering an old\\nhighway extending into both towns, or a town and a vil\u00c2\u00ac\\nlage or city, or when commissioners of highways of a\\ntown in one county, shall differ with the commissioners\\nof highways of a town, or the officers of a village or city\\nhaving the powers of commissioners of highways, in\\nanother county, relating to the laying out of a new high\u00c2\u00ac\\nway, or the alteration of an old highway, which shall\\nextend into both counties, the commissioners of highways\\nof both towns, or the officers of the village or city having\\nsuch powers, shall meet on five days\u00e2\u0080\u0099 written notice,\\nspecifying the time and place, within some one of such\\ntowns, villages, or cities, given by either of such commis\u00c2\u00ac\\nsioners or officers having powers of commissioners of high\u00c2\u00ac\\nways, to make their determination in writing, upon the\\nsubject of their differences. If they cannot agree, they or\\neither of them may certify the fact of their disagreement to\\nthe county court of the county, if the proposed highway\\nis all in one county, or if in different counties, or if the\\ncounty judge is disqualified or unable to act, to the\\nsupreme court; such court shall thereupon appoint three\\ncommissioners, freeholders of the county, not residents", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0136.jp2"}, "137": {"fulltext": "The Highway Law of New York.\\n95\\nDifference about improvements.\\nof the same town, village or city where the highway is\\nlocated; or if between two counties, then freeholders of\\nanother county, who shall take the constitutional oath of\\noffice, and upon due notice to all persons interested, view\\nthe proposed highway, or proposed alteration of a high\u00c2\u00ac\\nway, administer all necessary oaths, and take such evi\u00c2\u00ac\\ndence as they shall deem proper, and shall decide (subject\\nto the approval of the court, as hereinafter provided) all\\nquestions that shall arise on the hearing, as to the laying\\nout or altering of such highway, its location, width,\\ngrade and character of road-bed, or any point that may\\narise relating thereto; and if they decide to open or alter\\nsuch highway, they shall ascertain and appraise the dam\u00c2\u00ac\\nages, if any, to the individual owners and occupants of\\nthe land through which such new or altered highway is\\nproposed to pass, and shall report such evidence and decis\u00c2\u00ac\\nion to such court, with their assessment of damages, if\\nany, with all convenient speed. On the coming in of\\nsuch report, the court may, by order, confirm, modify or\\nset aside the report in whole or in part, and may order a\\nnew appraisal by the same or other commissioners, and\\nshall decide all questions that may arise before it. And\\nall orders and decisions in the matter shall be filed in the\\ncounty clerk s office of each county where the highway is\\nlocated, and shall be duly recorded therein.\\nRevised from 1 R. S., eh. 16, tit. 1, art. 4, 72, as amended by L. 1881,\\nch. 513.\\nAn order of the special term setting aside a report of highway commis\u00c2\u00ac\\nsioners of different counties is appealable where it does not appear that\\nthe commissioners first met and certified to the fact of their disagree\u00c2\u00ac\\nment. {Matter of Barrett, 7 App. Div. 482.)\\n95. Difference about improvements When the\\ncommissioners of highways of a town, or the officers of a\\nvillage or city having the powers of commissioners of high-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0137.jp2"}, "138": {"fulltext": "96\\nThe Highway Law of New York.\\nDifference about improvements.\\nways therein, shall desire to make a new or altered high\u00c2\u00ac\\nway extending beyond the bounds of such town, village\\nor city, a better highway than is usually made for a com\u00c2\u00ac\\nmon highway, with a special grade or road-bed, drainage\\nor improved plan, and are willing to bear the whole or a\\npart of the expense thereof beyond such bounds, but can\u00c2\u00ac\\nnot agree in regard to the same, upon written applica\u00c2\u00ac\\ntion of either of the commissioners or officers, and notice\\nto all parties interested, such court shall make an equit\u00c2\u00ac\\nable adjustment of the matters, and may direct, that in\\nconsideration of the payment of such portion of the addi\u00c2\u00ac\\ntional expense by the town, village or city that desires\\nthe improved and better highway, shall be equitable, its\\nofficers, contractors, servants and agents may go into\\nsuch town, village or city, and make the grade and road\u00c2\u00ac\\nbed, and do whatever may be necessary and proper for\\nthe completion of such better highway, advancing the\\nmoney to do it; the amount of damages to each owner or\\noccupant, shall be ascertained and determined by com\u00c2\u00ac\\nmissioners, who shall be appointed, and whose proceed\u00c2\u00ac\\nings shall be conducted in the manner provided by the\\nlast preceding section; and upon the coming in of their\\nreport of damages, and of the expenses paid, such court\\nshall, on notice to all parties interested, direct that the\\namount of damages assessed to each owner or occupant,\\nif any, and all such expenses be paid by each, any or\\nall of such towns, villages or cities as shall be just and\\nequitable, and the damages and expenses assessed and\\nallowed, as in this and the last preceding sections, shall\\nbe paid and collected as if fixed by the commissioners of\\nhighways of the towns, or the officers of such villages or\\ncities having the powers of such commissioners. Every\\ncommissioner appointed as herein provided, shall be", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0138.jp2"}, "139": {"fulltext": "The Highway Law of New York.\\n97\\nHighway in two or more towns.\\npaid six dollars for each day actually and necessarily\\nemployed in such service and necessary expenses.\\nRevised from! R. S., ch. 16, tit. 1, art. 4, 72, as amended by L. 1881,\\neh. 513.\\n96. Highway in two or more toivns, \u00e2\u0080\u0094When ap\u00c2\u00ac\\nplication is made to lay out, alter or discontinue a high\u00c2\u00ac\\nway located in two or more towns, all notices or proceed,\\nings required to be served upon the commissioners of high\u00c2\u00ac\\nways, shall be served upon the commssioners of highways\\nof each town; and the commissioners appointed by the\\ncourt, shall determine the amount of damages to be paid\\nby each town, and when the towns are in different\\ncounties, the application for the appointment of commis\u00c2\u00ac\\nsioners shall be made to a special term of the supreme\\ncourt held in the district where the highway or some part\\nof it is located; and the same proceedings shall thereafter\\nbe had in the supreme court of such district as are author\u00c2\u00ac\\nized by this chapter to be had in the county court.\\nNeio.\\nIf a person living in one cown initiates proceedings to lay out a high\u00c2\u00ac\\nway lying partly in that and partly in another town, and complies with\\nall the statutory requirements, and the towns are in the same county,\\nthe county court is authorized to appoint commissioners in the matter.\\n(People v. Keck 90 Hun, 499.)\\nThe only notice of proceeding required to be served upon the commis\u00c2\u00ac\\nsioners is the application to lay out the highway; the statute nowhere\\nrequires the petitioner to serve notice of his application to the county\\ncourt for the appointment of commissioners upon the highway commis-\\nsioner of the town or towns. People v Keck 90 Hun, 497.)\\nSee People v. Supervisors, 112 N. Y. 585.\\n97. Laying out, dividing and maintaining high\\nivay upon town line.\u00e2\u0080\u0094 An application to lay out a high\u00c2\u00ac\\nway upon the line between two or more towns shall be", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0139.jp2"}, "140": {"fulltext": "98\\nThe Highway Law of New York.\\nHighways upon town line.\\nmade to the commissioners of highways of each town,\\nwho shall act together in the matter; and, upon laying\\nout any such highway, they shall divide into two or\\nmore highway districts, in such manner that the labor and\\nexpense of opening, working and keeping the same in\\nrepair through each of such districts may be equal, as\\nnear as may be, and to allot an equal number of the dis\u00c2\u00ac\\ntricts to each of the towns; each district shall be con\u00c2\u00ac\\nsidered as wholly belonging to the town to which it shall\\nbe allotted, for the purpose of opening and improving the\\nhighway and for keeping it in repair; and the commis\u00c2\u00ac\\nsioners of highways shall cause the highway and the parti\u00c2\u00ac\\ntion and allotment thereof to be recorded in the office of\\nthe town clerk in each of the respective towns. If such\\nhighway be upon a line between one or more towns and a\\ncity or incorporated village, such application shall also be\\nmade to the officers of such city or village having the\\npowers of commissioners of highways, and such officers\\nmay agree with the highway commissioners of such towns\\nas to the division of the labor and expense of opening,\\nworking and maintaining such highway. Whenever such\\nofficers shall disagree as to such division, application\\nmay be made for the appointment of commissioners, and\\nthe same procedure shall be had as is prescribed in this\\narticle for the settlement of disagreements between the\\nhighway officers of different towns. All highways here\u00c2\u00ac\\ntofore laid out upon the line between any two towns or\\nbetween a town and a city or an incorporated village shall\\nbe divided and allotted or redivided and re-allotted, re\u00c2\u00ac\\ncorded and kept in repair, in the manner above directed.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, 73-76. Amended by L. 1894,\\nch. 727, and by L. 1895, ch. 181.\\nSee L. 1870, ch. 311, Appendix, post as to allotment of parts of highway\\non town line to be maintained by respective towns.\\nThe omission to record the agreement or allotment of districts as", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0140.jp2"}, "141": {"fulltext": "The Highway Law of New York.\\n99\\nFinal determination, how carried out.\\nrequired by this section does not effect its validity. Jones v. City of\\nUtica 16 Hun, 441.)\\nSee People v. Hosier 56 Hun, 64.\\n98. Final determination, how carried out The\\nfinal determinatiion of commissioners appointed by any\\ncourt, relating to the laying out, altering or discontinu\u00c2\u00ac\\ning a highway, and all orders and other papers filed or\\nentered in the proceedings, or certified copies thereof from\\nthe court where such determination, order and papers are\\nfiled and entered, shall be forthwith filed and recorded in\\nthe town clerk\u00e2\u0080\u0099s office of the town where the highway is\\nlocated; and every such decision shall be carried out by\\nthe commissioners of highways of the town, the same as if\\nthey had made an order to that effect.\\nNew.\\nSee notes under 81, ante\\nWhenever it shall be finally determined that a highway shall be laid out,\\nit is made the duty of the .commissioner of highways to carry out such\\ndetermination, and thereafter he has general charge of the same. But\\nuntil such determination is finally made, he has no part or duty in the\\nproceedings.\\nUpon a review by certiorari of the proceedings in county court relative\\nto laying out a highway, the highway commissioner is not properly a\\nparty defendant. People ;c. v. County Court 92 Hun, 13.)\\n99. Highways abandoned .\u00e2\u0080\u0094Every highway that\\nshall not have been opened and worked within six years\\nfrom the time it shall have been dedicated to the use of\\nthe public, or laid out, shall cease to be a highway; but\\nthe period during which any action or proceeding shall\\nhave been, or shall be pending in regard to any such high\u00c2\u00ac\\nway, shall form no part of such six years; and every high\u00c2\u00ac\\nway that shall not have been traveled or used as a high\u00c2\u00ac\\nway for six years, shall cease to be a highway, and every\\npublic right of way that shall not have been Used for said\\nperiod, shall be deemed abandoned as a right of way.\\nThe commissioners of highways shall file, and cause to be", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0141.jp2"}, "142": {"fulltext": "100\\nThe Highway Law of New Yoke.\\nHighways abandoned.\\nrecorded in the town clerk\u00e2\u0080\u0099s office of the town, written\\ndescription, signed by them, of each highway so aban\u00c2\u00ac\\ndoned, and the same shall thereupon be discontinued.\\nRevised f rom L. 1853, ch. 174, 15, and 1 R. S., ch. 16, lit. 1, art. 4, 99,\\nis amended by L. 1861, ch. 311, 1.\\nAmended by L. 1899, ch. 622, in effect May 18, 1699.\\nSee L. 1895, ch, 611, Appendix, post, as to the abandonment of highways\\nby towns which have expended three hundred thousand dollars or more\\nfor macadamizing purposes; and see, also, L. 1896, ch 464, Appendix, post,\\nas to the payment of damages in such case.\\nSee notes under 80, ante.\\nDeclaratory of the statute. {Ludlow v. Oswego, 25 Hun, 260; Horey v.\\nHaverstraw, 124 N. Y. 273; People v. N. Y. C. R. R. Co., 69 Hun, 166.)\\nOnce established, a highway does not cease to be such until it has been\\ndiscontinued by the proper authorities. Driggs v. Phillips, 103 N. Y. 77.)\\nThe public may abandon its claim to a public highway, and non-user\\nfor twenty years is some evidence of such intent. When in connection\\nwith non-user there is affirmative evidence of a clear determination to\\nabandon, the public interest is extinguished. {Crain v. Fox, 16 Barb.\\n184; Coming v. Could, 16 Wend. 531; Amsbry v. Hinds, 46 Barb. 622; s. c.,\\n48 N. Y. 57; Woodruff v. Paddock, 56 Hun. 288; Matter of Opening of\\nBeck Street, 19 Misc. 571; Falvey v. Bridges, 40 St. Rep. 732.)\\nWhen a road is laid out as an entirety and only a part is opened and\\nworked, and the remainder remains entirely closed, the public loses its\\nrights therein after the lapse of six years, and such rule is applicable to a\\ncity street where an easement only is acquired. {Buffalo v. Hoffeld 6\\nMisc. 197.)\\nUnder this section, it is not necessary that the highway should be\\nworked in every part so long as it is passable for travelers. {McVee v.\\nWalertoum, 92 Hun, 306.)\\nThe failure to open and work a portion of a highway would not invali\u00c2\u00ac\\ndate so much thereof as had been opened and worked in compliance with\\nthe statute. {Vandemark v Porter, 40 Hun, 397; Walker v. Caywood, 31\\nN. Y 51.)\\nThat part of a highway not opened and worked ceases to be a highway\\nfor any purpose. {Christy v. Newton, 60 Barb. 332.)\\nWhere a road was partly opened and worked during the year it was laid\\nout, and was partly worked throughout the route and more or less\\ntraveled asery year thereafter for twelve years, it was held to have been", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0142.jp2"}, "143": {"fulltext": "The Highway Law of New Yoke.\\n101\\nWhat are highways.\\nopened and worked within six years. Marble v. Whitney, 28 N. Y. 297.)\\nEffect of compulsory abandonment by the public, (Freeholders v. Glen\\nand Florida, 20 St. Rep. 394.)\\nAbandonment by plank road company. Heath v. Barman, 49 Barb.\\n496.)\\nThis section held not to apply to streets laid out in the cities of the\\nstate. (Matter of Lexington Ave., 29 Hun, 305; s. c., 92 N. Y. 629; Van-\\nderbeck v. City of Rochester, 46 Hun, 87; s. c., 122 N. Y. 285; but see\\nBuffalo v. Hoff eld, 6 Miso. 197.)\\nSee Lyon v. 3Iunson, 2 Cow. 426, construing the act of 1813 as to the\\nabandonment of highways.\\nSee Matter of Opening of Beck Street, 19 Misc. \u00e2\u0080\u009c71; De Peyster v. Mali, 27\\nHun, 439; s. c., 92 N. Y. 262; Blackman v. Riley, 138 N. Y. 318.\\n100. Highways by use* \u00e2\u0080\u0094All lands which shall have\\nbeen used by the public as a highway for the period of\\ntwenty years or more, shall be a highway, with the same\\nforce and effect as if it had been duly laid out and recorded\\nas a highway, and the commissioners of highways shall\\norder the overseers of highways to open all such high\u00c2\u00ac\\nways to the width of at least two rods.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, 100, 101. J\\nWhat Are Highways.\\nDefinition of Highway.\\nA highway may be defined as any place open and free to the public for\\npassage either on foot or by vehicle. In such manner did the Englishfiaw\\nconstrue the term. Mr. Cook, in his Manual of Highway Laws, says:\\n\u00e2\u0080\u0098\u00e2\u0080\u0098The term \u00e2\u0080\u0098highway\u00e2\u0080\u0099 extends to all public ways, and includes carriage\u00c2\u00ac\\nways, horseways, footways, streets, turnpike and plank roads, railroads,\\nferries, canals and navigable rivers.\u00e2\u0080\u009d Abundant authority for such state\u00c2\u00ac\\nment may be found in the common law and the case law of this state.\\nThe term \u00e2\u0080\u009croad\u00e2\u0080\u009d in the New York statutes is used synonymously with\\n\u00e2\u0080\u009chighway.\u00e2\u0080\u009d (Brace v. N Y. C. R* R. Co., 27 N. Y. 269.)\\nA highway may be of any size or width; it need not be wide enough to\\npermit vehicles to pass each other. (Rex v. Lyon, 3 Dow. R. 497). It\\nmay be a footpath or bridleway only. (Rex v. County 13 East, 95.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0143.jp2"}, "144": {"fulltext": "102\\nThe Highway Law of New York.\\nWhat are highways.\\nPiers.\\nA public pier or landing place is a highway. {Radway v. Briggs 37 N.\\nY. 256; People v. Lambier, 5 Den. 9; Fowler v Mott, 19 Barb. 204.)\\nDriftway.\\nA way on which cattle are driven, formerly termed a driftway,\u00e2\u0080\u009d is a\\nhighway, as cattle may be driven over any public highway. {Ballard v.\\nDyson 1 Taunt. 285.)\\nStreets.\\nCity and village streets, open to the public, are public highways.\\n{Brace v. N. Y. C. R. R. Co., 27 N. Y. 271; Benedict v. Qoit, 3 Barb. 259;\\nAdams v. R. R. Co., 11 Barb. 449.) See, also, Corbett v, Troy, 53 Hun,\\n228.\\nShores.\\nThe margins of navigable lakes and rivers in this state are not highways\\nexcept by express grant or prescription. {Ledyard v. Ten Eyck, 36 Barb.\\n102.) And a private wharf extending into a navigable river does not\\nbecome a highway thereby (Wetmore v. Atlantic C. Co., 37 Barb. 70),\\nunless such wharf or bulk-head forms the termination of a public highway\\n{People v. Lambier 5 Den. 9.) The seashore is not a public highway. The\\nright to pass over may exist, but no claim for damages for a defect therein\\ncan lie. {Murphy v. Brooklyn 98 N. Y. 642; s. c., 118 N. Y. 575.)\\nCul de Sac.\\nIt is now well settled that a highway need not be a thoroughfare. A\\ncul de sac may be a highway. {Rugby Charity v. Merriweather, 11 East,\\n375; Bateman v. Black, 14 Eng. Law Eq. 69: People v. Kingman, 24\\nN. Y. 559; People v. Van Alstyne 3 Keyes, 35; Hickok v Trustees, 41\\nBarb. 457; McCarthy v. Whalen. 19 Hun, 503; Saunders v. Townsend, 26\\nHun, 308; contra, Trustees v. Otis 37 Barb. 50.) A highway terminating\\nin a navigable river is not a cul de sac as there is still a thoroughfare, the\\nright of passage extending from one kind of highway to another. {People\\nv. Lambier, 5 Denio, 9.)\\nSee, also, Wiggins v. Tallmadge, 11 Barb. 457.\\nFerries.\\nA ferry is a public highway and the public have a right to embark and", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0144.jp2"}, "145": {"fulltext": "The Highway Law of New York. 1 C\\nWhat are highways.\\ndisembark at the landing places, provided the landing places be highways,\\n(Fowler v. Mott, 19 Barb. 204; Peters v. Kendal, 6 Barn. Cress. 703.)\\nTurnpikes.\\nA highway does not cease to be such for general purposes by being con\u00c2\u00ac\\nverted into a turnpike or plank road. Benedict v. Goit, 3 Barb. 459;\\nWalker v. Caywood, 31 N. Y. 51.)\\nWhere a plank road company abandons its road, such road passes to the\\ntown, though not originally a public highway. Heath v. Barnaul, 49\\nBarb. 496; People v. Supervisors, 151 N. Y. 190.)\\nRailroads.\\nA railroad is a public highway to be used in a particular manner. Rex\\nv. Railway Co., 2 Barn. Aid. 646; Beekman v. Railroad Co., 3 Paige, 74;\\nSun Publishing Assn. v. The Mayor 152 N. Y. 257.)\\nWhen a railroad company abandons its road it becomes a public high\u00c2\u00ac\\nway. {Hayward v. Mayor, 7 N. Y. 314; Rexford v. Knight, 11 N. Y. 308.)\\nCanals.\\nCanals, authorized by public law, are public highways, with the right\\nof toll attached. {Robinson, v. Chamberlain, 34 N. Y. 389; Conkling v.\\nPhoenix Mills, 62 Barb. 229.)\\nNavigable Rivers.\\nA navigable river is a public highway. (10 Mod. 382.)\\nAt common law, a river was navigable in which the tide ebbed and\\nflowed. {Ex parte Jennings 6 Cow. 518; Morgan v. King, 35 N.Y. 458.)\\nIn this state it seems to be the law that a navigable river is one navig\u00c2\u00ac\\nable in fact. {People v. Canal Appraisers, 33 N. Y. 461.)\\nA river, navigable in fact, is, in this state, one that is so far navigable\\nin its natural state as to be of public use in the transportation of property,\\n{Morgan v. King 35 N. Y. 454; Munson v. Hungerford, 6 Barb. 265; Curtis\\nv. Keesler, 14 Barb. 511.)\\nCapacity of a stream to float logs, as affecting its character as a public\\nhighway. {DeCamp v. Thompson, 16 App. Div. 528.)\\nUse of waterway for floating logs. {Matter of Bums, 155 N. Y. 23.)\\nRivers and streams as public highways. (Navigation Law, 70-76,\\nAppendix, post.)\\nIt is the general rule that public streets which lead to navigable waters", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0145.jp2"}, "146": {"fulltext": "104\\nThe Highway Law of New York.\\nHighways by use.\\nkeep even pace with the extension of the land; but where it was the\\nevident intention of the one who dedicated the land for the street that the\\nhighway should terminate at a ferry landing, land redeemed from the\\nwaters by the ferry owners does not become part of the highway. (Mark\\nv. West Troy 151 N. Y. 453.)\\nParticular Cases.\\nWhen streets become highways under charter of city of Troy. Caven\\nv. City of Troy 15 App. Div. 163.)\\nNew York and Albany post road preserved forever as a public highway\\n(L. 1896, ch. 423, Appendix, post.)\\nWay by Necessity\\nSee Hines v. Hamburger 14 App. Div. 577.\\nHighways by Use.\\nPremises used as highways by the public for twenty years, even without\\ndedication, become public highways. (Town of Corning v. Head 86 Hun,\\n12; City of Cohoes v. Railroad Co., 134 N. Y. 397; James v. Sammis, 132\\nN. Y. 239; City of Cohoes v. D. H. C. Co., 134 N. Y. 397; Snyder v. Plass,\\n28 N. Y. 465; Porter v. Village of Attica, 33 Hun, 605; Galatian v.\\nGardner, 7 Johns. 106; Devenpeck v. Lambert, 44 Barb. 596; Chapman v.\\nSivan, 65 Barb. 210; Matter of Shawangunk Kill Bridge, 100 N. Y. 642;\\nWiggins v. Tallmadge 11 Barb. 457; Miller v. Garlock 8 Barb. 153;\\nPeople v. Fowler, 43 St. Rep. 415; Kelsey v. Burgess 35 St. Rep. 369; Post\\nv. Ry. Co., 34 St. Rep. 487.)\\nThe mere fact that a portion of the public travel over a road for twenty\\nyears cannot make it a highway, and the burden of making highways\\nand sustaining bridges cannot be imposed upon the public in that way.\\nThe user must be like that of highways generally. The road must not\\nonly be traveled upon, but it must be kept in repair or taken in charge\\nand adopted by the public authorities. Speir v. New Utrecht, 121 N. Y.\\n420; People v. Osborn, 84 Hun, 441; Flack v. Green Island, 122 N. Y. 107;\\nMatter of Hand Street, 52 Hun, 206; People v. Loehfelm, 102 N. Y. 1;\\nVandermark v. Porter, 40 Hun, 397; Harriman v. Howe, 78 Hun, 280.)\\nA particular place, claimed to be a public highway, cannot be proven to\\nbe such by parol evidence alone. (Harrington v. People, 6 Barb. 607.)\\nA private way opened by the owners of land through which it passes\\nfor their own use does not become a public highway merely because the", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0146.jp2"}, "147": {"fulltext": "The Highway Law of New York.\\n105\\nHighways by use.\\npublic are also permitted for many years to travel over it. {Speir v. New\\nUtrecht, 121 N. Y. 420; Harriman v. Howe, 78 Hun, 280; People v. Osborn,\\n84 Hun, 441; see, also, In re Howland Bridge, 14 Supp. 845.)\\nIt seems to have been formerly the doctrine that a highway by use\\nmust be limited in width and location to the actual use thereof, and that\\ncommissioners could not widen or otherwise alter the boundaries.\\n{People v. Cortland, 24 Wend. 491; Talmadge v. Huntling, 29 N. Y. 447;\\nWakeman v. Wilbur, 21 St. Rep. 556.)\\nAs to the right to open an old road to the width of two rods. {Snyder\\nv. Plass, 28 N. Y. 465.)\\nThe failure of the highway commissioners to open an old highway to its\\nproper width for thirty years does not extinguish the rights of the public\\nin the parts not opened. {Walker v. Caywood, 31 N. Y. 51.)\\nA highway by use not laid out according to statute may be less than\\nfour rods wide. {Harloxv v. Humiston, 6 Cow. 189.)\\nThe failure to record is immaterial, as recording does not establish or\\ncreate a right, but perpetuates the evidence of such right. {Galatian v.\\nGardner 7 Johns. 106; Cole v. Van Keuren, 4 Hun, 262; Lewis v. Railroad\\nCo., 123 N. Y. 496.)\\nA cul de sac may become a public highway by dedication and accept\u00c2\u00ac\\nance, arising principally through user. {Vandemark v. Porter, 40 Hun,\\n397; People v. Kingman, 24 N. Y. 559; Wiggins v. Tallmadge, 11 Barb.\\n457; People v. Van Alstyne, 3 Abb. Ct. of App. Dec. 575.)\\nSee note to Whitesides v Green, 57 American State Reports, 740. See\\nalso, Alpaugh v. Bennett, 59 Hun, 45; People v. Lawson, 17 Johns. 277;\\nAusable Co. v. Hargraves, 16 St. Rep. 318; s. c., 121 N. Y. 695; Matter of\\nTrustees of Olean, 37 St. Rep. 350; Wicks v. Thompson, 38 St. Rep. 340;\\nDenning v. Roome, 6 Wend. 651; Colden v. Thurber, 2 Johns. 424; Ivory\\nv. Deer Park, 116 N. Y. 1/6; Lansing v. Wiswall, 5 Den. 213.\\nThe Uses oj Highways and Ownership of the Fefw\\nThe Fee of the Highway.\\nThe ownership of the fee of a highway under the Dutch law was in the\\npublic. Subsequently it became vested in the English government and\\nwas only transferred by grant. {Mott v. Clayton 9 App. Div. 181.)\\nThe ownership of the fee of a highway remains in the original owner;\\nthe public have but a right of way. (C ortelyou v. Van Brunt, 2 Johns.\\n357; Yates v. Hathaway, 15 Johns, 447; Babcock v. Lamb, 1 Cow. 238;", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0147.jp2"}, "148": {"fulltext": "106\\nThe Highway Law of New York.\\nOwnership of the fee.\\nGedney v. Earl, 12 Wend. 98; Presbyterian Society v. Railroad Co., 9 Hill k\\n567; Higgins v. Reynolds, 31 N. Y. 151; Mann v. Worrall, 53 N. Y. 44;\\nTurnpike Co. v. Smith, 15 Barb. 355; People v. Law, 34 Barb. 494;\\nCemetery v. Railroad Co., 7 Hun, 655; Matter of City of Buffalo 131 W,-\\nY. 293; Woodruff v. Paddock, 130 N. Y. 618.)\\nA grant of land by the state describing such land as abutting upo* a\\nhighway conveys to the center thereof. Cheney v. Railroad Co., 8 Afc.y.\\nDiv. 620.)\\nThe rule that an owner of lands bounded by a highway has a fee t* *he\\ncenter of the road subject only to the public easement is applicable t* the\\nstreets of New York city. Mott v. New York, 2 Hilt. 358.)\\nIn the city of New York, the fee of the streets is held to be in the *4ty,\\nand the legislature may appropriate them to such public use as a rail\u00c2\u00ac\\nroad. People v. Kerr, 27 N. Y. 188.) But such grant may not be made\\nby the common council of the city except for the purposes of carrying\\nout the legislative grant. Milhau v. Sharp, 27 N. Y. 611; Davis v.\\nMayor, 14 N. Y. 506; People v. Railroad Co., 30 How. 121.)\\nWhen the title of the owner to lands taken for the opening \u00c2\u00a9f streets in\\nthe city of New York under the acts of 1813 and 1818, was divested. {Det-\\nnold v. Drake, 46 N. Y. 318; Hannersly v. New York, 67 Barb. 35.)\\nWhere an old road is vacated, the fee is in the adjoining owners and\\nnot in the public. Van Amringe v. Barnett, 8 Bos. 357; Matter of John\\nSt., 19 Wend. 659; Yates v. Hathaway, 15 Johns. 447; Falvey v. Bridges, 40\\nSt. Rep. 732; s. c., 133 N. Y. 663.)\\nNavigable rivers, being public highways, the bed of the stream belongs\\nto the state. Otherwise as to non-navigable streams. {People v. Canal\\nAppraisers, 33 N. Y. 461.) The state has no right, without compensation\\nto destroy the property of individuals by making by artificial means a\\nstream navigable. {Canal Commissioners v. People, 5 Wend. 423; Canal\\nAppraisers v. People, 17 Wend. 571; Commissioners v. Kempshall, 20\\nWend. 404.)\\nCanals, though public highways, belong to the state. The fee of the\\nlands taken for them is in the state, and upon abandonment does not revert\\nto the original owner. {Rexford v. Knight, 11 N. Y. 308.)\\nWhere a highway has been laid out upon the margin of a grantor\u00e2\u0080\u0099s\\nland, the ownership of the fee therein passes by his subsequent grant.\\n(Habcrman v. Baker 128 N. Y. 253.)", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0148.jp2"}, "149": {"fulltext": "The Highway Law of New Yoke.\\n1(7\\nOwnership of the fee.\\nAdverse possession of a highway does not ripen into title unless exclu\u00c2\u00ac\\nsive and continuous for twenty years. Bliss v. Johnson, 94 N. Y. 235.)\\nTitle to a portion of a public highway cannot be acquired by adverse\\npossession. (Morrison v. N. Y. Elevated R. R. Co., 74 Hun, 398.)\\nWhere the conveyance of land describes it as bounded by a highway,\\nthe particular circumstances of the case must determine whether or not\\nan ownership to the center of the highway was intended to be granted.\\n(Post v. Hazleti, 36 St. Rep. 219; Dexter v. Riverside Mills, 39 St. Rep. 933;\\nDe Witt v. Van Schoyk, 110 N. Y. 7: Mott v. Clayton, 9 App. Div. 181;\\nHaight v. Littlefield, 71 Hun, 285; Holloway v. Southmayd, 139 N. Y. 390;\\nLord v. Atkins, 138 N. Y. 184.)\\nWhere land is granted bounded by a contemplated street only, a fee to\\nthe middle of the street is not passed; but the grantees have a perpetual\\nright of way over it. (Matter of 17th St., 1 Wend. 262; Livingston v. New\\nYork 8 Wend. 85.)\\nWhere land is taken for the laying out of a street, the owner of the fee\\nmay excavate the soil beneath the surface of the road provided he does not\\ninterfere with the public easement. (McCarthy v Syracuse, 46 N.Y. 194;\\nRummell v. Railroad Co., 30 St. Rep. 235; Darker v. Beck, 32 St. Rep.\\n193.)\\nMaterials taken from a street in making city improvements belong\\nneither to the city nor to the contractor, but to the owner of the fee.\\n(Fisher v. Richardson, 6 Lans. 225.)\\nfundamental idea of a highway is a place for the uninterrupted\\npassage of men, animals and vehicles, and to afford light, air and access\\nto the property of abutting owners; in the latter respect, an abutting\\nowner has a greater interest in the highway than the general public; con\u00c2\u00ac\\nsequently any permanent or exclusive use of any part of the highway by\\nany person or corporation is illegal. (Palmer v. Larchmont Electric Co.,\\n6 App Div. 12.)\\nAlthough streets in a city and roads in a country district are equally\\npublic highways, yet the former are subject to more burdens and uses\\nthan the mere right of passage. City highways may be used for the\\nlaying down of water mains, gas mains, sewers, lamps, etc., while such a\\nuse cannot be made of country highways without legislative enactment.\\nThis use of city streets has been extended to the erection of a soldiers\\nmonument. (Milhau v. Sharp, 15 Barb- 210; People v. Kerr, 27 N. Y. 202;\\nKelsey v. King, 32 Barb. 410; Tompkins v. Hodgson, 4 Supp. 435; Plant v,", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0149.jp2"}, "150": {"fulltext": "108\\nThe Highway Law of New York.\\nUses of highways.\\nR. R. Co 10 Barb. 16; Chapman v. R. R. Co 10 Barb. 360.) It seems,\\nhowever, that this doctrine is not applicable to highways acquired by\\ndedication. Williams v. R. R. Co., 16 N. Y. 97.)\\nA further easement for public use may be imposed upon land already\\nused as a public highway. Village of Canandaigua v. Benedict 24 App.\\nDiv. 348.)\\nWhere a street is taken for other municipal uses than the mere right of\\npassage, an abutting owner who has a fee therein is entitled to substantial\\ndamages. {Matter of City of Buffalo, 131 N. Y. 293.)\\nSteam Railroads.\\nThe easement of an owner in fee is not lost by his dedication of the land\\nfor a public highway, and he is entitled to compensation for use thereof\\nby a railroad. {Syracuse Salt Co. v. Railroad Co., 67 Hun, 153, and cases\\ncited.)\\nA railroad laid in a public highway or street is a new burden upon the\\nowners of the fee and they are entitled to compensation therefor.\\n{Williams v. Railroad Co., 16 N. Y. 97; Trustees v. Railroad Co., 3 Hill,\\n567; Fletcher v. Railroad Co., 25 Wend. 462; Mahon v. Railroad Co., 24\\nN. Y. 658; Robinson v. Railroad Co., 27 Barb. 512; Wager v. Railroad\\nCo., 25 N. Y. 526; Carpenter v. Railroad Co., 24 N. Y. 655; Broiestadt v.\\nRailroad Co., 55 N. Y. 220; McCruden v. Rochester Ry. Co., 5 Misc. 59.)\\nAn action of ejectment, or of trespass for damages, or in equity for an\\ninjunction, will lie where a railroad has used a street or highway without\\ncompensating the owner of the fee. {Wager v. Railroad Co., 25 N. Y.\\n526; Lozier v. Railroad Co., 42 Barb. 465; Church v. Railroad Co., 3 Hill,\\n567; Craig v. Railroad Co., 39 N. Y. 404.)\\nAn abutting owner of land on a street closed for railroad purposes is\\ndeprived of an easement and should be compensated therefor even though\\nthe fee to the street be in the city. {Egerer v. Railroad Co., 130 N. Y.\\n108.)\\nWhere a railroad company constructs its road over or along a turnpike\\nor plank road, the company operating the latter is entitled to damages.\\n{Plank Road v. Railroad, 20 Barb. 644; Seneca Road Co. v. Railroad Co.,\\n5 Hill, 170; Railroad Co. v. Northern Turnpike Co., 16 Barb. 100; Matter\\nof Hamilton Avenue, 14 Barb. 405; Matter of Flatbush Avenue, 1 Barb.\\n286.)", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0150.jp2"}, "151": {"fulltext": "The Highway Law of New York.\\n109\\nUses of highways.\\nAs to the consent of highway commissioners to the construction of a rail\u00c2\u00ac\\nroad upon a highway. (L. 1835, ch. 300, Appendix, post.)\\nThe consent of the highway commissioners is an essential prerequisite\\nto the right to maintain a proceeding for taking a highway for railway\\npurposes. Matter of Rochester Railway Co., 123 N. Y. 351.)\\nA railroad crossing a highway. (Railroad Law, 4,11, 20, Appendix,\\npost.)\\nDuty of a railroad company to maintain a highway at a crossing in a\\nsafe condition for public use. Lowell v. Railroad Co., 15 App. Div. 218;\\nGale v. Railroad Co., 76 N. Y. 594; Bryant v. Town of Randolph, 133\\nN. Y. 77; Schild v. Railroad Co., 133 N. Y. 446.)\\nAs to highway crossing railroad, see 90, ante as to duties of railroads\\nat crossings, 157, post.\\nElevated Railroads.\\nThe erection of elevated railroad structures without the consent of the\\nabutting owners is illegal; and an abutter may recover damages even\\nthough the premises are in the possession of tenants. Story v. N. Y.\\nElevated R. R. Co., 90 N. Y. 122; Fobes v. Railroad Co., 121 N. Y. 505;\\nKemochan v N. Y. Elevated R. R. Co., 128 N. Y. 559; Pappenheim v.\\nMetropolitan Ry. Co., 128 N. Y. 436: Kearney v. Metropolitan Ry. Co., 129\\n1$. Y. 76; Mortimer v. Manhattan Ry. Co., 129 N. Y. 81; Bohm v. Metro\u00c2\u00ac\\npolitan Ry. Co., 129 N. Y. 576; Sterry v. N. Y. Elevated R. R. Co., 129 N.\\nY. 619; Hughes v. Metropolitan Ry. Co., 130 N. Y. 14; Hughes v. N. Y.\\nElevated R. R. Co., 40 St. Rep. 581; Kane v. N. Y. Elevated R. R. Co.,\\n125 N. Y. 164; Thompson v. Manhattan Ry. Co., 130 N. Y. 360; Moore v.\\nN. Y. Elevated R. R. Co., 130 N. Y. 523; Lalir v. Metropolitan Ry. Co.,\\n104 N. Y. 269; Drucker v. Manhattan Ry. Co., 106 N. Y. 157; American\\nBank Note Co. v. N, Y. Elevated R. R. Co., 129 N. Y. 252; Becker v.\\nMetropolitan Ry. Co., 131 N. Y. 509; Storck v. Metropolitan Ry. Co., 131\\nN. Y. 514; Roberts v. N. Y Elevated R. R. Co., 128 N. Y. 455; McGean v.\\nMetropolitan Ry. Co., 133 N. Y. 9; Mitchell v. Metropolitan Ry. Co., 45\\nSt. Rep. 318; Pond v. Metropolitan Ry. Co., 112 N. Y. 186; Ottinger v. N.\\nY. Elevated R. R. Co., 43 St. Rep. 817; Slater v. Manhattan Ry. Co., 45\\nSt. Rep. 153; Sperb v. Metropolitan Ry. Co., 61 Hun, 539; Adler v. Metro\u00c2\u00ac\\npolitan Ry. Co., 46 St. Rep. 523; Steimmetz v. Metropolitan Ry. Co., 18\\nSupp. 209; Brush v. Manhattan Ry. Co., 13 Supp. 908; Bischoff v. N. Y.\\nElevated R. R. Co. 46 St. Rep. 863; Rush v. Manhattan Ry. Co., 44 St. Rep.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0151.jp2"}, "152": {"fulltext": "110\\nThe Highway Law of New Yoke.\\nUses of highways.\\nIll J Gray v. Manhattan Ry. Co., 35 St. Rep. 32; Jones v. N. Y. Elevated\\nR. R. Co., 45 St. Rep. 667; Smith v N. Y. Elevated R. R. Co., 44 St, Rep.\\n875; Rich v. Manhattan Ry. Co., 46 St. u Rep. 673; Bookman v. N. Y. Ele\u00c2\u00ac\\nvated R. R. Co., 137 N. Y. 302; Cook v N. Y. Elevated R. R. Co., 3 Misc.\\n248; Mooney v. N. Y. Elevated R. R. Co., 3 Misc. 612; White v. Manhat\u00c2\u00ac\\ntan Ry. Co., 139 N. Y. 19; Bischojf v. N. Y. Elevated R. R. Co., 138 N.\\nY. 257.)\\nStreet Railroads.\\nFor statutory provisions, see Railroad Law, Article IV.\\nAs to street surface railroad\u00e2\u0080\u0099crossing track of steam railroad. (L. 1893,\\nch. 239, Appendix, post.)\\nThe same rule applies to horse railroads as to those operated by steam.\\nA new burden is imposed and there must be additional compensation to\\nthe owners of the fee. (Craig v. Railroad Co., 39 N. Y. 404; Wager v\\nRailroad Co., 25 N. Y. 526; Ramsden v. Railway, 1 Exch. 723; Kellinger\\nv. Railroad Co., 50 N. Y. 206.)\\nA street railroad company is bound to lay its tracks in a proper manner\\nand keep them in repair. (Fash v. Railroad Co., 1 Daly, 148; Worster v.\\nRailroad Co., 50 N.Y. 203; Mayor v. Railroad Co., 3 Lans. 270.)\\nTelegraph and Telephone Lines.\\nFor statutory provisions as to construction of telegraph and telephone\\nlines, see Transportation Corporations Law, 102; see, also, the series of\\nAmerican Electrical Cases.\\nAs to the right to erect poles for telephone wires in city streets\\nunder 102 of the Transportation Corporations Law, see City of Utica v.\\nUtica Telephone Company, 24 App. Div. 361.\\nNeither the state nor any corporation can appropriate any portion\\nof a rural highway by setting up poles for the support of telegraph or\\ntelephone wires. (Eelsyv. American T. T. Co., 143 N. Y. 133; Blash-\\njudd v. Tel Tel. Co., 18 Supp. 250, and cases cited; s. c., 71 Hun, 532.)\\nThe light of a telephone company to string its wires along a street is\\nsubordinate to that of a street railroad company to operate its road\\nthereon, and the latter cannot be enjoined from using an electric wire in\\nsuch street to propel its cars, although there is an interference with the\\nelectric current of the former company. (Hudson River Telephone Co. v.\\nTl atervliet Ry. Co., 135 N. Y. 393, and cases cited.)", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0152.jp2"}, "153": {"fulltext": "The Highway Law op New York.\\nIll\\nUses of highways.\\nElectric Light Companies.\\nAs to use of highway by electric light company, see Transportation\\nCorporations Law, 61; see, also, American Electrical Cases\\nAn electric company cannot ereet poles on a country highway without\\nthe consent of the abutting owners. {Palmer v. Larchmont Electric Co.,\\n6 App. Div. 12.)\\nPipes.\\nSee 14, ante as to drainage, sewer and water pipes in highways.\\nSee Transportation Corporations Law, 83, 43, 45, 61, 80, 82, Appendix,\\npost, for statutory provisions as to the use of highways by various pipe\\nline corporations.\\nSee Village Law, 226, Appendix, post, as to the laying of water pipes\\nin highways outside of villages.\\nSee L. 1897, ch. 317, Appendix, post, as to laying of pipes in highways\\nfor heating purposes.\\nA gas company has no authority to lay its pipes in a country highway\\nwithout the consent of the abutting owners. {Gaslight Co. v. Calkins, 62\\nN. Y. 386.)\\nWater pipes may be laid in a village street without compensation.\\n{Whitcher v. Water Works Co., 66 Hun, 619; s. c., 142 N. Y. 626.)\\nSewers may not be laid in highways without the consent of the abutting\\nowners. {Van Brandt v. Town of Flatbush, 128 N. Y. 50.)\\nTurnpike Corporations.\\nFor statutory provisions, see Transportation Corporations Law, 120-\\n151, Appendix, post.\\nA turnpike or plank road company which has acquired the right to use\\na public highway for the construction and location of its road stands in\\nthe place of the town highway commissioners and is subject to all their\\nduties and liabilities to the public. {Benedict v. Goit, 3 Barb. 459; Dexter\\nv. Broat, 16 Barb. 337; Ireland v. Plank Road Co., 13 N. Y. 526.)\\nFerries.\\nIt is not an extra burden upon a highway for the public to land thereon\\nfrom a ferry. {Fowler v. Mott, 19 Barb. 204; Peters v. Kendal 6 Barn.\\nCress. 703.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0153.jp2"}, "154": {"fulltext": "112\\nThe Highway Law op New York.\\nUses of highways.\\nExtra Vi am.\\nThe right of the public to pass along a highway extends also to unin-\\ndosed lands adjacent thereto Cleveland v. Cleveland 12 Wend. 172), and\\nto any lands adjacent to a highway that has become impassable. Williams\\nv, Safford, 7 Barb. 309.) But the impassable highway must be a public,\\nnot a private way. Bullard v. Hamison, 4 M. S. 387.) And the public\\nmust travel as near the highway and use as little of the adjacent laud as\\npossible. White v. Wiley, 36 St. Rep. 102.)\\nMiscellaneous Rights and Uses.\\nSee notes under 157, post, as to the law of the road and of crossings,\\nand 163, post, as to the free use of highways by all persons and vehicles.\\nSee Railroad Law, 53, as to the right to walk upon railroad tracks.\\nSee Indian Law, 15, 26. as to freedom of Indians from paying toll.\\nSee L. 1897, ch. 483, Appendix, post, as to passage of timber and logs\\nover rivers.\\nAll the land within a highway fence is not necessarily subject to the\\nright of way and may be occupied by the owner, {Harlow v. Humiston,\\n6 Cow. 189.)\\nThe public have a right of way over every stream capable of transport\u00c2\u00ac\\ning property. {Morgan v. King, 35 N. Y. 454.)\\nThe public have a right to use the tracks of a horse railroad for travel\\nwith horses and wagons. {Fettrich v. Dickenson, 22 How. 248.) But one\\ndriving on the tracks is bound to use greater care than on the rest of the\\nroad as the company has the right of way for its cars. {WUbrand v. Rail\u00c2\u00ac\\nroad Co., 3 Bos. 314; Hegan v. Railroad Co., 15 N. Y. 380; Whitaker v.\\nRailroad Co., 51 N. Y 295.)\\nDiscussion as to rate of speed at which trains may pass over country\\nhighways. {Hunt v. Fitchburg R. R. Co., 22 App. Div. 212.)\\nThe regulation of the rate of speed of cars in streets and highways can\u00c2\u00ac\\nnot be the subject of contract either by legislature or common council.\\n{Brooklyn v. Nassau R. R. Co., 20 App. Div. 31.)\\nSee Westlake v, Koch, 45 St. Rep. 481; Nicoll v. Sands, 131 N. Y. 19.\\nPenal Code Provisions.\\n275. Definition of the offense.\u00e2\u0080\u0094 The following acts, or any of\\nthem, except as permitted by chapter four hundred and seventy-nine of\\nthe laws of eighteen hundred and eighty-seven or the acts amendatory\\nthereof, constitute a disturbance of a religious meeting:", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0154.jp2"}, "155": {"fulltext": "The Highway Law of New York.\\n113\\nFences to be removed.\\n3. Obstructing in any manner without authority of law, within the\\nlike distance, free passage along a highway to the place of such meeting.\\n(\u00e2\u0080\u009cThe like distance\u00e2\u0080\u009d is two miles.)\\n666. Running Horses on Highway, a Misdemeanor. A person\\ndriving any vehicle upon any plank road, turnpike or public highway,\\nwho unjustifiably runs the horses drawing the same, or causes, or permits\\nthem to run, is guilty of a misdemeanor.\\n674d. Unlawfully exacting toll of a member of the national\\nguard. Any person, master or keeper of a toll-gate, toll-bridge or ferry,\\nor any person in charge thereof who wilfully hinders or delays any mem\u00c2\u00ac\\nber of the national guard or refuses free passage to any such member going\\nto or returning from any parade, encampment, drill or meeting which he\\nmay be by law required to attend, or wilfully hinders, delays or refuses\\nfree passage to any conveyance or military property of the state in charge\\nof a member of said guard, is guilty of a misdemeanor.\\nMilitary Code Provision.\\n148. Exemption of members of national guard from arrest\\nRIGHT OF WAY FREE PASSAGE OF TOLL-GATES, BRIDGES AND FERRIES.\u00e2\u0080\u0094\\nNo person belonging to the military forces of this state shall be arrested\\non any civil process while going to, remaining at, or returning from any\\nplace at which he may be required to attend for military duty. Any por\u00c2\u00ac\\ntion of the national guard and militia parading, or performing any duty,\\naccording to law, shall have the right of way in any street or highway\\nthrough which they may pass, provided the carriage of United States\\nmails, the legitimate functions of the police, and the progress and opera\u00c2\u00ac\\ntions of fire engines and fire departments, shall not be interfered with\\nthereby. Any person belonging to the military forces of the state, going\\nto or returning from any parade, encampment, drill or meeting which he\\nmay be required by law to attend, shall, together with his conveyance and\\nthe military property of the state, be allowed to pass free through all toll-\\ngates and over all toll-bridges and ferries.\\n101. Fences to be removed.r\u00e2\u0080\u0094WheneveY a highway\\nshall have been laid out through any inclosed, cultivated\\nor improved lands, in conformity to the provisions of\\nthis chapter, the commissioners of highways shall give to\\n8", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0155.jp2"}, "156": {"fulltext": "114\\nThe Highway Law of New York.\\nPenalty for falling trees.\\nthe owner or occupant of the land through which such\\nhighway shall have been laid, sixty days\u00e2\u0080\u0099 notice in writ\u00c2\u00ac\\ning to remove his fences; if such owner shall not remove\\nhis fences within the sixty days, the commissioners shall\\ncause them to be removed, and shall direct the highway\\nto be opened and worked.\\nRevised from 1 R. S., ch 16, tit. 1, art. 4, 96.\\nSee notes under 104, 105, post, as to the removal of fences as encroach\u00c2\u00ac\\nments village trustees as fence viewers, Village Law, 88, sub. 14.\\nSee Drake v. Rogers, 3 Hill, 608; Wetmore v. Tracy, 14 Wend. 250; Case\\nv. Thompson, 6 Wend. 634; Cooper v. Bean 5 Lans. 318.\\n102. Penalty for falling trees.\u00e2\u0080\u0094 If any person shall\\ncut down any tree on land not occupied by him, so that\\nit shall fall into any highway, river or stream, unless by\\nthe order and consent of the occupant, the person so\\noffending shall forfeit to such occupant, the sum of one\\ndollar for every tree so fallen, and the like sum for every\\nday the same shall remain in the highway, river or stream.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 5, 111.\\n103. Fallen trees to be removed .\u00e2\u0080\u0094If any tree shall\\nfall, or be fallen by any person from any inclosed land\\ninto any highway, any person may give notice to the\\noccupant of the land from which the tree shall have fallen,\\nto remove the same within two days; if such tree shall\\nnot be removed within that time, but shall continue in\\nthe highway, the occupant of the land shall forfeit the\\nsum of fifty cents for every day thereafter, until the tree\\nshall be removed.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 5, 110.\\n104. Penalty for obstruction or encroachment\\n\u00e2\u0080\u0094Whoever shall obstruct or encroach upon any highway,", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0156.jp2"}, "157": {"fulltext": "The Highway Law of New York.\\n115\\nPenalty for obstruction or encroachment.\\nor shall unlawfully fill up or place any obstruction in any\\nditch for draining the water from any highway, shall for\u00c2\u00ac\\nfeit for every such offense the sum of five dollars.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 5, 102.\\nSee notes under next section.\\nSee 153, post as to damages for injuries to highways; 164, post, as to\\nrecovery of penalties not specially provided for.\\nThe owner of land abutting upon a public street is permitted to en\u00c2\u00ac\\ncroach on the primary right of the public to a limited extent and for a\\ntemporary purpose, owing to the necessity of the case. Two facts, how\u00c2\u00ac\\never, must exist to render the encroachment lawful; the obstruction\\nmust be reasonably necessary for the transaction of business; it must not\\nunreasonably interfere with the rights of the public. {Welch v. Wilson,\\n101 N. Y. 254; Callanan v. Gilman, 107 N. Y. 360; Flynn v. Taylor, 127\\nN. Y. 596.)\\nAs to what is a reasonable use of or encroachment upon a street.\\n^Flynn v. Taylor, 127 N. Y. 596.)\\nIt seems to be the settled law that the long continuance of an encroach\u00c2\u00ac\\nment, although for more than twenty years, cannot destroy the public\\nright or take away the authority of the public officers to remove and abate\\nit. {Orphan Asylum v. City of Troy, 76 N. Y. 108; Walker v. Cay wood,\\n81 N. Y. 51; Mills v. Hall, 9 Wend. 315; Milhau v. Sharp, 27 N. Y. 611;\\nDriggs v. Phillips, 103 N. Y. 77; Bliss v. Johnson, 94 N. Y. 235.)\\nContra, Peckham v. Anderson, 27 Barb. 207.\\nAn obstruction placed in a private road cannot be removed by the\\nhighway commissioners. {Drake v. Rogers. 3 Hill, 604.)\\nAn owner of land has no right to obstruct a public highway because\\ndamages for taking the same had not been paid him. {Chapman v. Gates,\\n54 N. Y. 132.)\\nAny permanent or habitual obstruction in a public highway is an in\u00c2\u00ac\\ndictable nuisance, although there be room enough left for carriages to\\npass. {Davis v. Mayor, 14 N. Y. 524.)\\nThere is no provision in the statute which authorizes the commissioners\\nof highways of two towns to unite as plaintiffs and bring an action to re\u00c2\u00ac\\ncover the penalty or forfeiture for an encroachment upon a highway.\\nThe authority of such officers to maintain actions is given by statute, and", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0157.jp2"}, "158": {"fulltext": "116\\nThe Highway Law of New York.\\nPenalty for obstruction or encroachment.\\nis confined to those of the town where the offense has been committed.\\nBradley v. Blair, 17 Barb. 480.)\\nIt is not necessary under this section to give a defendant notice of the\\nobstruction, specifying the extent and location thereof, and direct him to\\nremove the same within sixty days, before an action can be brought to\\nrecover the penalty prescribed. Town of Corning v. Mead, 86 Hun, 12.)\\nIt is a good answer to a suit brought to recover the penalty prescribed\\nby this section in justice\u00e2\u0080\u0099s court to plead title to the land and deny that\\nthe place is a highway. Little v. Denn. 34 N. Y. 452; Sage v. Barnes, 9\\nJohns. 365; Fleet v. Youngs, 7 Wend. 291.)\\nIn an action for injuries resulting from the obstruction of a street, the\\nquestion of defendant\u00e2\u0080\u0099s negligence is immaterial. Manger v. Harrison,\\n14 W. D. 201.)\\nWhere an obstruction was placed in a ditch draining a highway by the\\nowner of adjoining land who was being injured by the flow of water from\\nthe ditch, such injury was properly set up as a defence in an action for\\npenalty under this section. Thompson v. Allen, 7 Lans. 459.)\\nIt is the duty of municipal authorities to keep the streets and sidewalks\\nopen and unobstructed. Railroad Co. v. Utica, 3 Alb. L. J. 151; Lavery\\nv. Hannigan, 20 J. S. 463.)\\nAs to whether municipal authorities may legalize the obstruction of a\\npublic highway. Railroad v. Utica, 3 Alb. L. J. 151; Lavery v. Hanni\u00c2\u00ac\\ngan, 20 J. S. 463; Farrell v. New York, 22 St. Rep. 469; McCaffrey v.\\nSmith, 41 Hun, 117; Hoey v. Gilroy, 129 N. Y. 132; People v. Fowler, 43 St.\\nRep. 415.)\\nVillage authorities have no right to authorize the using of a highway\\nfor a hack-stand without the consent of the adjoining owner. McCaffrey\\nv. Smith, 41 Hun, 117.)\\nVillage trustees may authorize the erection of a work of art in a public\\nhighway. Tompkins v. Hodgson. 2 Hun, 146.)\\nA common council of a city have no right to license a citizen to enclose\\na part of a public street, and such an inclosing is an eucroachment. The\\nonly way that such a permission may be given is by statutory proceedings\\nto alter or diminish the width of the street. Orphan Asylum v. City of\\nTroy, 76 N. Y. 108.)\\nAn individual or municipal corporation who maintains an obstruction\\nin a highway in the nature of an excavation is liable for any damage\\nthereby sustained. Bliss v. Schaub 48 Barb. 339; Dygert v. Schenck 23", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0158.jp2"}, "159": {"fulltext": "The Highway Law of New York.\\n117\\nObstructing sidewalks in cities and villages.\\nWend. 446; Johnson v. Friel, 50 N. Y. 679; McCamus v. Gaslight Co., 40\\nBarb. 380; Osborne v. Union Ferry Co., 53 Barb. 629; Scott v. Hough, 14\\nSt. Rep. 401; Flynn v. Railroad Co., 17 J. S. 60; Por\u00c2\u00a3 Jeiuris v. National\\nBank, 90 N. Y. 550; Beard v. Karst, 32 St. Rep. 159; Clarke v. Crimmins,\\n32 St. Rep. 978; Smith v. Town of Clarkstown, 69 Hun, 155; Greenberg v.\\nKingston, 22 Supp. 511; Pec7c v. Carter, 68 N. Y. 283.)\\nThe liability of one who placed a stone heap along a highway from\\nwhich an accident resulted. Houghtaling v. Shelley, 51 Hun, 598.)\\nThe liability of one who left steam boilers lying in the street. Stewart\\nv. Porter Mfg. Co., 13 St. Rep. 220.)\\nThe liability of one who obstructs a highway by placing logs thereon.\\n(McDermott v. Conley, 33 St. Rep. 560.)\\nThe liability of one who built a toboggan slide across a city street.\\n(Haden v. Clarke 32 St. Rep. 478.)\\nSee People v. Horton, 64 N. Y. 610, as to what is not an obstruction of a\\ncanal by a floating elevator.\\nSee Trustees of Jordan v. Otis 37 Barb. 50; Dygert v. Sehenck, 23\\nWend. 446; Cooper v. Bean, 5 Lans. 318 Friedlander v. D. H. C. Co.,\\n34 St. Rep. 650.\\nObstructing Sidewalks in Cities and Villages.\\nA pedestrian may not stop in front of a person\u00e2\u0080\u0099s house and use abusive\\nlanguage towards such person; he becomes a trespasser thereby. Adams\\nv. Rivers, 11 Barb. 390.)\\nAs to the obstruction of a sidewalk by the use of skids or platforms\\nleading to a wagon or by the vehicles themselves for the purpose of load\u00c2\u00ac\\ning and unloading merchandise. Hand v. Klinker, 7 St. Rep. 21; Fisher\\nv. Cambridge, 51 Hun, 296; Flynn v. Taylor, 53 Hun, 167; Flynn v. Taylor,\\n127 N. Y. 596; Callanan v. Gilman, 107 N. Y. 360; Richardson, c. Co.\\nv. Barstow Stove Co., 36 St. Rep. 983.)\\nOne who obstructs a sidewalk for his private ends and fails to restore it\\nto a safe condition is liable for an injury sustained thereby. {Smith v.\\nRyan, 29 St. Rep. 672.)\\nIn an action for negligence for obstructing a sidewalk evidence as to\\nthe nature and appearance of such obstruction a few hours after the\\naccident is admissible. {Ford v. Nichols, 36 St. Rep. 729.)\\nAs to the liability of one who tilted a heavy counter up against his", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0159.jp2"}, "160": {"fulltext": "118\\nThe Highway Law of New York.\\nHow removed and liability for not removing.\\nhouse and allowed it to remain for several days when an accident occurred\\nfrom its fall. King v. Troy, 21 W. D. 558.)\\nAwnings as obstructions. (Farrell v. New York, 20 St. Rep. 12; Hoey v.\\nGilroy, 41 St. Rep. 181; Lavery v. Hannigan, 20 J. S. 463; Brinkman v.\\nEisler, 40 St. Rep. 865.)\\nBasement entrances as obstructions. (Williams v. Hynes, 23 J. S*\\n86\\nCoal holes as obstructions. (Jennings v. Van Schaick, 108 N. Y. 530;\\nWells v. Sibley, 31 St. Rep. 40.)\\nShow cases as obstructions. (People v. New York, 18 Abb. N. C. 123.)\\nStorm doors as obstructions. (Kiernan v. Newton, 20 Abb. N. C. 398.)\\nSigns as obstructions. (New York v. Wood, 15 Daly, 341.)\\n105. How removed and liability for not remov\u00c2\u00ac\\ning .\u00e2\u0080\u0094The commissioners of highways shall serve upon\\nthe owner or occupant of lands adjoining that part of a\\nhighway within their town, in which any obstruction or\\nencroachment may exist, a notice specifying the extent\\nand location of such obstruction or encroachment, and\\ndirecting such owner or occupant to remove the same\\nwithin a specified time, not more than sixty days after\\nthe service of the notice. If such owner or occupant shall\\nneglect or refuse to remove such obstruction or encroach\u00c2\u00ac\\nment within such time, he shall forfeit to the town the\\nsum of twenty-five dollars; and the commissioners may\\nremove such obstructions or encroachments at the expense\\nof the town, which may be recovered by action, of such\\nowner or occupant; or the said commissioners may bring\\nan action in any court of competent jurisdiction, to com\u00c2\u00ac\\npel such owner or occupant to remove such obstruction or\\nencroachment. Actions by commissioners of highways,\\nas in this section provided, shall be in the name of the\\ntown.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 5, 103-108, as amended by L.\\n18-10, ch. 300, and by L. 1878, ch. 245.", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0160.jp2"}, "161": {"fulltext": "The Highway Law of New York.\\n119\\nHow removed and penalty for not removing.\\nSee 15, ante, as to actions by commissioners for injuries to highways,\\nand 164, post, as to actions to recover penalties.\\nSee notes under 104, ante\\nSee notes under 16, ante, as to liability of towns for defective\\nhighways.\\nThe scope of this provision of the highway law considered. Town of\\nWeekfield v. Shasley, 23 Misc. 100.)\\nThe highways of the state are made for and devoted to public travel,\\nand the whole public have the right to their use in their entirety, and\\nwhen obstructions to public travel are found within their bounds, the\\ncommissioners of highways are clothed with power to remove them with\u00c2\u00ac\\nout waiting for the slow process of law, even though travel be not abso\u00c2\u00ac\\nlutely and entirely prevented. Van Wyck v. Lent, 33 Hun, 301; Cook v.\\nHarris, 61 N. Y. 448; Wetmore v. Tracy, 14 Wend. 250; Hathaway v.\\nJenks, 67 Hun, 289.)\\nCommissioners of highways have no remedy in equity, by mandamus or\\ninjunction, to remove encroachments from a highway. Rozell v. An\u00c2\u00ac\\ndrews, 103 N. Y. 150.)\\nThe commissioners of highways may summarily remove from a high\u00c2\u00ac\\nway a building as an obstruction to public travel. Cook v. Harris 61 N.\\nY. 448; Driggs v. Phillips, 103 N. Y. 77.)\\nObstructions in a ditch at the side of a highway may be summarily re\u00c2\u00ac\\nmoved when they cause the overflowing of the road. Dominick v. Hill,\\n6 St. Rep. 329.)\\nThe old statute referred only to the removal of encroaching fences.\\n(Cook v. Covil, 18 Hun, 288.) It provided also for a trial by jury of the\\nquestion of encroachment. (Commissioners v. Van Allen, 32 Hun, 61;\\nBriggs v. Doughty, 7 Hun, 82; Bronson v. Mann, 13 Johns. 460; Mott v.\\nCommissioners, 2 Hill, 472; Voorhees v. Martin, 12 Barb. 508; Robbins v.\\nGorham, 26 Barb. 586.)\\nThe commissioners should all meet and deliberate together on the sub\u00c2\u00ac\\nject of the alleged encroachment; and then, if they, or a majority of\\nthem, should deem it necessary, they are to order the obstruction removed.\\n(Spicer v. Slade, 9 Johns. 359; Bronson v. Mann, 13 Johns. 460.)\\nUnder the old statute any two commissioners might order the removal\\nof an encroachment provided all were notified to be present at a meeting\\nto consider such removal. (Phillips v. Schumacher, 10 Hun, 405; Fitch v.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0161.jp2"}, "162": {"fulltext": "120\\nThe Highway Law of New York.\\nHow removed and penalty for not removing.\\nCommissioners, 22 Wend. 132; People v. Williams, 36 N. Y. 441; Christy\\nv. Newton, 60 Barb. 332.)\\nThe order of the commissioners of highways is not final and conclu\u00c2\u00ac\\nsive. Borries v. Horton, 16 Hun, 139.)\\nCommissioners are not confined to the statutory remedy in removing\\nencroachments, and may give a mere informal notice. Kline v. Hib\u00c2\u00ac\\nbard, 80 Hun, 50.)\\nThe purpose of the notice is to inform the one served of the particulars\\nof the encroachment. Town of Sardinia v. Butler 78 Hun, 527; Spicer\\nv. Slade, 9 Johns. 359; Briggs v. Doughty, 7 Hun, 82; Fitch v. Commis\u00c2\u00ac\\nsioners, 22 Wend. 132.)\\nFormerly it was necessary to state in the notice the breadth the high\u00c2\u00ac\\nway was originally intended to have. Cook v. Covil, 18 Hun, 288; Spicer\\nv. Slade, 9 Johns. 359; Mott v. Commissioners, 2 Hill, 472.)\\nAs to what is a sufficient description of an encroachment, in order that\\nthe notice may comply with the statute. Town of Sardinia v. Butler,\\n78 Hun, 527; Spicer v. Slade, 9 Johns. 359; Mott v. Commissioners, 2 Hill,\\n472; Kerr v. Hammer, 39 St. Rep. 708.)\\nWhere an order complying with the statutory requirements is annexed\\nto the notice, it supplements the notice and should be deemed a part\\nthereof. Both need :i not contain a description of the encroachment*\\n{James v. Sammis, 132 N. Y. 239; Olendorf v. Sullivan, 36 St. Rep. 74.)\\nIt is a question whether the sufficiency of the notice to remove an en\u00c2\u00ac\\ncroachment can be attacked in an action against the highway commis\u00c2\u00ac\\nsioners for trespass. {Hathaway v. Jenks, 67 Hun, 289.)\\nNotice must be given independent of whether the road was established\\nby alteration or originally laid out by the commissioners. {Case v. Thomp\u00c2\u00ac\\nson, 6 Wend. 634.)\\nActual notice must be shown. It will not be presumed. {Case v. Thomp\u00c2\u00ac\\nson, 6 Wend. 634)\\nIt is not necessary that one who has been ordered to remove an encroach\u00c2\u00ac\\nment deny the existence of such to the commissioners. {Borries v. Hor\u00c2\u00ac\\nton 16 Hun, 139.)\\nBut see Lane v. Cai y, 19 Barb. 537.\\nAn action of trespass will not lie against a highway commissioner for\\nremoving an encroachment after notice. {Hathaway v. Jenks, 67 Hun,\\n289.)\\nAn owner of a house who has been ordered to remove it as an obstruc-", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0162.jp2"}, "163": {"fulltext": "The Highway Law of New York.\\n121\\nHow removed and penalty for not removing.\\ntion to a public highway, may, upon proof that it does not encroach,\\nmaintain an action to restrain interference therewith. (Flood v. Van\\nWormer 147 N. Y. 2S4.)\\nWhere a fence has been properly found to be an encroachment upon the\\nhighway, an injunction will not lie to restrain its removal. (Hyatt v.\\nBates, 40 N. Y. 164.)\\nWhere a highway commissioner has ordered a building to be removed\\nas an encroachment, an injunction may issue against him. (Flood v. Van\\nWormer 70 Hun, 415.)\\nThe penalty for encroachment should be recovered by suit and not by a\\nsummary proceeding. (Rue v. Sprague, 1 Johns. 510.)\\nCommissioners of highways cannot maintain a suit in their official\\nnames or titles; but must use their individual names, annexing their offi\u00c2\u00ac\\ncial titles. (Supervisor of Galway v. Stimson, 4 Hill, 136; Commissioners\\nv. Peck, 5 Hill, 215; Overseers v. Overseers, 18 Johns. 407; Todd v. Birdsall,\\n1 Cow. 260; Gould v. Glass, 19 Barb. 179.)\\nBut when actions are thus brought, the pleading should, by proper aver\u00c2\u00ac\\nments, show that the claim is made by the officer, and not by the indi\u00c2\u00ac\\nvidual. (Gould v. Glass, 19 Barb. 179.)\\nThe highway commissioners of two towns cannot sue jointly for a pen\u00c2\u00ac\\nalty for an encroachment upon a highway which forms the boundary\\nbetween the towns. (Bradley v. Blair, 17 Barb. 480.\\nCommissioners of highways are authorized to prosecute for the recovery\\nof penalties for encroachments on highways; and are, of course, competent\\nto adjust controversies in relation to such encroachments by amicable\\nsettlement. If, in so doing, they deem it advisable, in the exercise of a\\nsound discretion, to take security for the payment of money at a further\\nday, there can be no reasonable objection to such an arrangement. (Com\u00c2\u00ac\\nmissioners v. Peck, 5 Hill, 215.)\\nSpecial damages must be alleged and proven in an action for obstruct\u00c2\u00ac\\ning a public highway. (Lansing v. Wiswall, 5 Den. 213.)\\nCommissioners may employ counsel in their legal proceedings. (Huntz\\nv. Duntz, 44 Barb. 459.)\\nAs to whether the defendant in an action for the penalty for obstruct\u00c2\u00ac\\ning a highway may interpose a plea of title. (Sage v. Barnes, 9 Johns.\\n365; Parker v. Van Houten, 7 Wend. 145; Fleet v. Youngs, 7 Wend. 291;\\nSaunders v. Townsend, 26 Hun, 308.)\\nAs to whether an appeal will lie to the county court in proceedings by", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0163.jp2"}, "164": {"fulltext": "122\\nThe Highway Law of New York.\\nHow removed and penalty for not removing.\\ncommissioners to remove encroachments. Commissioners v. Van Allen\\n32 Hun, 61.)\\nThe proceeding herein provided for the removal of encroachments is\\napplicable to all highways, including a highway by user; and the remedy\\nis available although it did not exist at the time of the encroachment.\\n{James v. Sammis, 132 N. Y. 239; Town of Sardinia v. Butler 78 Hun,\\n527; Town of Corning v. Head, 86 Hun, 12; People v. Hunting, 39 Hun,\\n452; Alpaugli v. Bennett, 59 Hun, 45; Baylis v. Roe, 5 Supp. 279; Fowler\\nv. Mott, 19 Barb. 204.)\\nContra: Doughty v. Brill, 36 Barb. 488; Christy v. Newton 60 Barb.\\n332.\\nAn obstruction placed in a private road cannot be removed by the\\nhighway commissioners. Drake v. Rogers, 3 Hill, 604.)\\nAlthough a plank road has been located thereon, yet the local authori\u00c2\u00ac\\nties still have jurisdiction to remove obstructions from a highway.\\n{Walker v. Caywood, 31 N. Y. 51.)\\nA highway used by the public for many years and thereafter used as a\\nplank road was held to be a public highway only to the extent of its\\npublic use, and a structure not upon the land actually so used was not an\\nencroachment. {Flood v. Van Wormer, 70 Hun, 415.)\\nThe penalty for encroachment cannot be recovered unless the high\u00c2\u00ac\\nway has been properly described and bounded as required by law;\\nwhether or not this has been done is a question not for the jury but for\\nthe commissioners of highways. {Talmage v. Huntting, 29 N. Y. 447.)\\nCommissioners may not remove a fence as an encroachment unless the\\nroad has been properly laid out and recorded under the highway law.\\n{Marvin v. Pardee, 64 Barb. 353.)\\nWhere a road was closed by resolution of municipal authorities, no\\naction could lie to recover a penalty for encroachment. {Bisbee v. Mans\u00c2\u00ac\\nfield, 6 Johns. 84.)\\nAn order of a highway commissioner directing the removal of a build\u00c2\u00ac\\ning encroaching upon a highway, being recorded in the office of the\\ntown clerk is a cloud upon the title of the owner of such building and the\\nland on which it stands. {Flood v. Van Wormer, 70 Hun, 415.)\\nShade trees lawfully planted by the owner of the fee in the highway\\ndedicated by him to the public and which did not encroach upon that part\\nof the highway used by the public for thirty years, are not an encroach\u00c2\u00ac\\nment under this section and may not be removed in an action brought by", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0164.jp2"}, "165": {"fulltext": "The Highway Law of New York.\\n123\\nHow removed and penalty for not removing.\\nthe highway commissioners. Town of Weekfield v, Shasley, 23 Misc.\\n100\\nWhere the owner of the fee in a public highway builds a race-way\\nacross the road, he must restore the road to proper condition or be liable\\nin damages for any injury sustained thereby. Dygert v. Schenck, 23\\nWend. 451.)\\nWhere a plank road corporation has taken a public highway it succeeds\\nto the rights and duties of the town commissioners of highways; although,\\ntherefore, in making proper and reasonable repairs, a citizen may suffer\\nexpense or inconvenience, the corporation is not liable in damages.\\n{Benedict v. Goit, 3 Barb. 459; Graves v. Otis, 2 Hill, 466.)\\nOverseers may not remove fences without an order from the commis\u00c2\u00ac\\nsioner and without the sixty days\u00e2\u0080\u0099 notice, even if the road be already laid\\nout. {Kelley v. Horton and Smith, 2 Cow. 424; contra, McFadden v. Kings\u00c2\u00ac\\nbury, 11 Wend. 667.)\\nThe remedy here given for the removal of encroachments does not abro\u00c2\u00ac\\ngate the common law remedy of abatement of nuisances by individuals or\\nabolish the proceeding by indictment, {Wetmore v. Tracy, 14 Wend.\\n250.) But a private individual cannot remove an encroachment unless it\\ninterferes with the use of the road by the public. {Harrower v. Ritson,\\n37 Barb. 301.)\\nAn obstruction of a highway is a public nuisance and the individual\\nwho has sustained a private injury therefrom may maintain an action to\\nabate it and recover special damages. {Wakeman v. Wilbur, 147 N. Y.\\n657.)\\nA land owner may remove an obstruction from a highway where it\\namounts to a nuisance. {Griffith v. McCullum, 46 Barb. 561; Jennings v.\\nBates, 26 W. D. 33.)\\nAn abutting owner will be granted an injunction to prevent the\\nobstruction of a highway. {Newman v. Nellis, 97 N. Y. 285; Purroy v.\\nSchuyler 15 St. Rep. 337.)\\nAn owner of land may remove shade trees in front of his premises,\\n{Lancaster v. Richardson, 4 Lans. 156.)\\nAs to whom the timber, obtained from cutting trees standing on the\\nstreet, belongs. {Bridge Co. v.^Bachman, 66 N. Y. 261.)\\nThe trustees of a village may, as highway commissioners, order the\\nremoval of a sidewalk which encroaches upon the highway. {Moore v,\\nVillage of Fairport 11 Misc. 146.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0165.jp2"}, "166": {"fulltext": "124\\nThe Highway Law of New York.\\nPrivate road.\\nWho may remove obstructions in the city of New York. Metropolitan\\nExhibition Co. v. Newton, 21 St. Rep. 73; Naylo v. Glazier, 5 Duer, 161.)\\nPower of trustees of village of Fairport to order obstructions to side\u00c2\u00ac\\nwalks and streets removed. Moore v. Fairport, 11 Misc. 146.)\\nSee Fleet v. Youngs ,7 Wend. 291; Pugsley v. Anderson 3 Wend. 468;\\nJames v. Sammis, 31 St. Rep. 192; Freidlander v. D. H. C. Co., 34 St.\\nRep. 650; People v. Hunting, 39 Hun, 452; Sage v. Barnes, 9 Johns. 365;\\nStrickland v. Woodworth, 3 S. C. 286; Etzx. Daily, 20 Barb. 32; Railroad\\nCo. v. Railroad Co., 67 Barb. 315; Coykendall v. Durkee, 13 Hun, 260;\\nPaine v. East, 15 W. D. 281; New York v. Heuft, 2 How. Pr. (N. S.) 149;\\nKetchum v. Edwards, 6 App. Div. 160.\\n106. Private road .\u00e2\u0080\u0094Au application for a private\\nroad shall be made in writing to the commissioners of\\nhighways of the town in which it is to be located, specify\u00c2\u00ac\\ning its width and location, courses and distances, and\\nthe names of the owners and occupants of the land\\nthrough which it is proposed* be laid out.\\n*(R. S. pp. 1379, 1383; post, pp. 882-893.)\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, 77, and from L. 1853, cli.\\n174, 1.\\nSee Constitution, Art. 1, 7, Appendix, post, as to opening private\\nroads.\\nIn the light of the Constitution, if not that of a law which lies at the\\nfoundation of all governments, this statute must be read with the proviso\\nthat the owner consent.\\nSuch consent need not be in writing but may be oral. The bringing of\\nan action for the damages assessed is the clearest manifestation of con\u00c2\u00ac\\nsent. Baker v. Braman, 6 Hill, 47; Taylor v. Porter, 4 Hill, 140.)\\nAs to what evidence would show a road to be a private and not a public\\nhighway. Drake v. Rogers, 3 Hill, 604.)\\nAs to what the application should contain. People v. Taylor, 34 Barb.\\n481.)\\nAs to the sufficiency of the description of the proposed private road,\\nSo in the original.", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0166.jp2"}, "167": {"fulltext": "The Highway Law of New York.\\n125\\nJury to determine necessity, c.\\nwhere it refers to an old road or a private way used for a number of\\nyears but never legally laid out. Satterly v. Winne, 101 N. Y. 218.)\\nA private road cannot be laid out across the inclined plane of a railroad.\\n(Railroad Co. v. Artcher, 6 Paige, 83.)\\nAn obstruction placed in a private road by the owner of the land over\\nwhich it is laid out, cannot be lawfully removed by one having no right\\nto use the road. Drake v. Rogers, 3 Hill, 604.)\\nSee O Rourke v. Hart, 9 Bos. 301.\\n107. Jury to determine necessity and assess dam\u00c2\u00ac\\nages. \u00e2\u0080\u0094One or more of the commissioners to whom the\\napplication shall be made, shall appoint as early a day as\\nthe convenience of the parties interested will allow, when,\\nat a place designated in the town, a jury will be selected\\nfor the purpose of determining upon the necessity of such\\nroad, and to assess the damages by reason of the opening\\nthereof.\\nRevised from L. 1853, cli. 174, 2.\\n108. Copy application and notice delivered to\\napplicant. \u00e2\u0080\u0094Such commissioners shall deliver to the\\napplicant a copy of the application to which shall be\\nadded a notice of the time and place appointed for the\\nselection of the jury, addressed to the owners and occu\u00c2\u00ac\\npants of the land.\\nRevised from L. 1853, eh. 174, \u00c2\u00a73.\\n109. Copy and notice to be served. \u00e2\u0080\u0094The applicant\\non receiving the copy and notice shall, on the same day,\\nor the next day thereafter, excluding Sunday and holidays,\\ncause such copy and notice to be served upon the persons\\nto whom it is addressed, by delivering to each of them\\nwho reside in the same town a copy thereof, or in case of\\nhis absence, by leaving the same at his residence, and", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0167.jp2"}, "168": {"fulltext": "126\\nThe Highway Law of New York.\\nList of jurors.\\nupon such as reside elsewhere, by depositing in the post-\\noffice a copy thereof to each, properly inclosed in an\\nenvelope, addressed to them respectively at their post-\\noffice address, and paying the postage thereon, or, in case\\nof infant owners, by like service upon their parent or\\nguardian.\\nRevised from L. 1853, ch. 174, 4.\\nThe land-owner must be served with a written notice; but he may waive\\nit by appearing. Railroad Co. v. Artcher, 6 Paige, 83.)\\n110. List of jurors .\u00e2\u0080\u0094At such time and place, on\\ndue proof of the service of the notice, one or more of the\\ncommissioners shall present a list of the names of eighteen\\nresident freeholders of the town, in no wise of kin to the\\napplicant, owner or occupant, or either of them, and not\\ninterested in such lands.\\nRevised from L. 1853, ch. 174, 5, as amended by L. 1859, ch, 373, and L.\\n1860, ch. 468.\\n111. Names struck off .\u00e2\u0080\u0094The owners or occupants\\nof the land, may strike from the list not more than six\\nnames, and the applicant a like number; and of the num\u00c2\u00ac\\nber which remain, the six names standing first upon the\\nlist shall be the jury.\\nRevised from L. 1853, ch. 174, 6.\\n112. Place of meeting The commissioner or\\ncommissioners present, shall then appoint some conven\u00c2\u00ac\\nient time and place for the jury to meet, and shall sum\u00c2\u00ac\\nmon them accordingly.\\nRevised from L. 1853, ch. 174, 7.\\nThe commissioners have no right to delegate the summoning of the\\njuiors, but such summons will not be held invalid if the owner of the land", "height": "4304", "width": "2489", "jp2-path": "highwaylawofnewy00gree_0_0168.jp2"}, "169": {"fulltext": "The Highway Law of New York.\\n127\\nJury to determine and assess damages.\\nproposed to be taken is present at the meeting of the jury and does not\\nobject to the proceeding. People v. Commissioners of Greenbush, 24\\nWend. 367.)\\n113. Jury to determine and assess damages .\u00e2\u0080\u0094At\\nleast one commissioner and all the persons named and\\nsummoned on such jury, shall meet at the time and place\\nappointed; but if one or more of the six jurors shall not\\nappear, the commissioner or commissioners present shall\\nsummon so many qualified to serve as such jurors as\\nwill be sufficient to make the number present six, to forth\u00c2\u00ac\\nwith appear and act as such; and when six shall have so\\nappeared, they shall constitute the jury, and shall be\\nsworn well and truly to determine as to the necessity of\\nthe road, and to assess the damages by reason of the open\u00c2\u00ac\\ning thereof.\\nRevised from L. 1853, eh. 174, 8, 9.\\nIt is necessary to take an objection to any of the jurors that they are\\nnot freeholders or they will be deemed to be such. (People v. Taylor 34\\nBarb. 481.)\\n114. Their verdict .\u00e2\u0080\u0094The jury shall view the prem\u00c2\u00ac\\nises, hear the allegations of the parties, and such wit\u00c2\u00ac\\nnesses as they may produce, and if they shall determine\\nthat the proposed road is necessary, they shall assess the\\ndamages to the person or persons through whose land it is\\nto pass, and deliver their verdict in writing to the com\u00c2\u00ac\\nmissioners.\\nRevised from L. 1853, eh. 174, 10, and from 1 R. S., eh. 16, tit. 1, art.\\n4, 78.\\nAs to what is sufficient evidence in the record of the breadth of the\\nroad. (Herrick v. Stover 5 Wend. 580.)\\nAn assessment of damages on the laying out a private road is not subject", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0169.jp2"}, "170": {"fulltext": "128\\nThe Highway Law of New York.\\nValue of highway discontinued.\\nto the revision or correction of a board of supervisors. Craig v. Super\u00c2\u00ac\\nvisors, 10 Wend. 585.)\\nSee People v. Commissioners, 24 Wend. 367; Taylor v. Porter 4 Hill,\\n142.\\n115. Value of highway discontinued. \u00e2\u0080\u0094If the ne\u00c2\u00ac\\ncessity of such private road has been occasioned by the\\nalteration or discontinuance of a public highway running\\nthrough the lands belonging to a person through whose\\nlands the private road is proposed to be opened, the jury\\nshall take into consideration the value of the highway so\\ndiscontinued, and the benefit resulting to the person by\\nreason of such discontinuance, and shall deduct the same\\nfrom the damages assessed for the opening and la 3 7 ing out\\nof such private road.\\nRevised from L. 1853, eh. 174, 11.\\n116. Papers to be recorded in the town clerU\u00e2\u0080\u0099s\\noffice. \u00e2\u0080\u0094The commissioners shall annex to such verdict the\\napplication, and their certificate that the road is laid out,\\nand the same shall be filed and recorded in the town clerk\u00e2\u0080\u0099s\\noffice.\\nRevised from L. 1853, eh. 174, 12.\\nThe order of the commissioners laying out the highway after the\\ndecision of the jury, is sufficient if it refers to the description of the road\\ncontained in the application. Satterly v. Winne, 101 N. Y. 218.)\\nSee People v. Robinson, 29 Barb. 80.\\n117. Damages to be paid before opening the road\\n\u00e2\u0080\u0094The damages assessed by the jury shall be paid by the\\nparty for whose benefit the road is laid out, before the\\nroad is opened or used; but if the jury shall certify that\\nthe necessity of such private road was occasioned by the", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0170.jp2"}, "171": {"fulltext": "The Highway Law of New York.\\n129\\nFe^s of officers.\\nalteration or discontinuance of a public highway, such\\ndamages shall be paid by the town, and refunded to the\\napplicant.\\nRevised from L. 1853, eh. 174, 14.\\n118. Fees of officers .\u00e2\u0080\u0094Every juror, in proceedings\\nfor a private road, shall be entitled to receive for his ser\u00c2\u00ac\\nvices one dollar and fifty cents; and commissioners, of\\nhighways, their per diem compensation, to be paid by\\nthe applicant.\\nRevised from L. 1880, oh. 114, 4.\\n119. 3\u00c2\u00a3otion to confirm, vacate or modify Within\\nthirty days after the decision of the jury shall have been\\nfiled in the town clerk\u00e2\u0080\u0099s office, the owner or occupant may\\napply to the county court of the county wherein such pri\u00c2\u00ac\\nvate road is situated, for an order confirming, vacating or\\nmodifying their decision; and such court may confirm,\\nvacate or modify such decision as it shall deem just and\\nlegal. If the decision is vacated, the court may order\\nanother hearing of the matter before another jury, and\\nremit the proceeding to the commissioners of highways of\\nthe same town for that purpose. If no such motion is\\nmade, the decision of the jury shall be deemed final. The\\nmotion shall be brought on, upon the service of papers on\\nthe adverse party in the proceeding, according to the\\nusual practice of the court in actions and special proceed\u00c2\u00ac\\nings pending therein, and the decision of the county court\\nshall be final, except that a new hearing may be had, as\\nherein provided. If the final decision shall be adverse to\\nthe applicant, no other application for the same road shall\\nbe made within two years.\\nRevised from L. 1853, eh. 174, 5, as amended by L. 1859, oh. 373, and\\nL. 1860, eh. 468.\\n9", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0171.jp2"}, "172": {"fulltext": "130\\nThe Highway Law of Hew York.\\nCosts of new hearing.\\nAn order of the county court, affirming the decision of the jury, is not\\nappealable. Matter of DeCamp, 77 Hun, 478.)\\nFormerly no appeal would lie to the county judge from the decision of\\nthe jury. People v. Robinson, 29 Barb. 77.) But otherwise under the\\nact of 1860. (West v. McGurn, 43 Barb. 198.)\\nSee Craig v. Supervisors, 10 Wend. 585.\\n120. Costs of new hearing .\u00e2\u0080\u0094If upon a new hearing,\\nthe damages assessed are increased, the applicant shall\\npay the costs and expenses thereof, otherwise the owner\\nshall pay the same.\\nNew.\\n121. Yonvhat purpose private road to be used\\nEvery such private road when so laid out, shall be for the\\nuse of such applicant, his heirs and assigns; but not to be\\nconverted to any other use or purpose than that of a road;\\nnor shall the occupant or owner of the land through which\\nsaid road shall be laid out, be permitted to use the same\\nas a road, unless he shall have signified such intention to\\nthe jury who assessed the damages for laying out such\\nroad, and before such damages were assessed.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, 79.\\nAccording to the true construction of the statute, a person on whose\\napplication a private road is laid out, has the sole and exclusive right to\\nuse it, unless the occupant of the land at the time when it is laid out\\nsignify his intention to made use of it. (Lambert v. Hoke, 14 Johns. 384.)\\nThe penalty provided by statute for obstructing a highway is not appli\u00c2\u00ac\\ncable to a private road. (Folder v. Lansing, 9 Johns. 349.)\\nAs to the use of private roads laid out upon its own land by a corpora\u00c2\u00ac\\ntion for its employees. (People v. Moore, 50 Hun, 356.)\\nThe original owner of the land should so locate his fences as not to\\nencroach upon the width of the road; but the new owner shall be deemed\\nto have assented to such encroachment if he allows such fences to be so\\nlocated without objection. (Herrick v. Stover, 5 Wend. 580.)", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0172.jp2"}, "173": {"fulltext": "The Highway Law of New Yoke.\\n131\\nHighways or roads along division lines.\\nAn obstruction placed in a private road by the owner of the land over\\nwhich it is laid out, cannot be lawfully removed by one having no right\\nto use the road. (Drake v. Rogers 3 Hill, 604.)\\nSee Taylor v. Porter, 4 Hill, 142.\\n122. Highways or roads along division lines\\nWhenever a highway or private road shall be laid along\\nthe division line between lands of two or more persons,\\nand wholly upon one side of the line, and the land upon\\nboth sides is cultivated or improved, the persons owning\\nor occupying the lands adjoining such highway or road,\\nshall be paid for building and maintaining such addi\u00c2\u00ac\\ntional fence as they may be required to build or maintain,\\nby reason of the laying out and opening such highway or\\nroad; which damages shall be ascertained and determined\\nin the same manner that other damages are ascertained\\nand determined in the laying out of highways or private\\nroads.\\nRevised from L. 1853, cli. 174, 16.\\n123. Adjournments .\u00e2\u0080\u0094If any accident shall prevent\\nany of the proceedings required by this chapter relating to\\nthe laying out, altering or discontinuing of a highway,\\nor the laying out a private road, to be done on the day\\nassigned, the proceedings may be adjourned to some other\\nday, and the commissioner shall publicly announce such\\nadjournment.\\nRevised from L. 1853, eh. 174, 13.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0173.jp2"}, "174": {"fulltext": "132\\nThe Highway Law of New York.\\nBridges.\\nARTICLE V.\\nBridges.\\nSection 130. When town or county expense.\\n131. Additional county aid.\\n132. Statement of expenses.\\n133. Supervisors to levy tax.\\n134. Joint liabilities of towns, and their joint contracts.\\n135. Refusal to repair.\\n136. Proceedings in court.\\n137. Commissioners to institute proceedings.\\n138. Their duty.\\n139. Commissioners to report.\\n140. Appeals.\\n141. Power of court on appeal.\\n142. Refusal to repair bridge.\\n143. Penalty, and notice on bridge.\\n144. Offense.\\n145. Iron bridges.\\nSection 130. When town or county expense .\u00e2\u0080\u0094The\\ntowns of this state, except as otherwise herein provided,\\nshall be liable to pay the expenses for the construction\\nand repair of its public free bridges constructed over\\nstreams or other waters within their bounds, and their\\njust and equitable share of such expenses when so con\u00c2\u00ac\\nstructed over streams or other waters upon their bound\u00c2\u00ac\\naries, except between the counties of Westchester and New\\nYork; and when such bridges are constructed over streams\\nor other waters forming the boundary line of towns, either\\nin the same or adjoining counties, such towns shall be\\njointly liable to pay such expenses. Each of the counties\\nof this state shall also be liable to pay for the construe-", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0174.jp2"}, "175": {"fulltext": "The Highway Law of New York.\\n133\\nWhen town or county expense.\\ntion, care, maintenance, preservation and repair of pub\u00c2\u00ac\\nlic bridges, lawfully constructed over streams or other\\nwaters forming its boundary line, not less than one-sixth\\npart of the expenses of such construction, care, mainte\u00c2\u00ac\\nnance, preservation and repair.\\nRevised from L. 1883, ch. 346. Amended by L. 1895, cli. 416.\\nSee Constitution, art. 3, 18, Appendix, post; 145, post, as to iron\\nbridges; County Law, 60 ff. Appendix, post, as to liability of county;\\n16, ante, as to liability of town in the matter of bridges; Canal Law,\\n113-118, 176, Appendix, post, as to canal bridges; Transportation Corpor\u00c2\u00ac\\nations Law, 120-151, Appendix, post as to construction of bridges by\\ncorporations; Village Law, 142, Appendix, post as to care of bridges by\\nvillage; L. 1897, ch. 269, Appendix, post, as to construction of bridges over\\nwaters between cities, towns or villages; see also L. 1893, ch. 419, Appen\u00c2\u00ac\\ndix, post.\\nIn the absence of any other valid provision for the erection of a bridge,\\nthe commissioners of highways are charged with the power and duty to\\nerect it. Berlin Iron Co. v. Wagner, fu Hun, 346.)\\nCommissioners of highways are not obliged to build bridges when they\\nhave no money in their hands for such purpose. People v. Hudson, 7\\nWend, 474; Garlingliouse v. Jacobs, 29 N. Y. 297; Smith v. Wright 27\\nBarb. 621.)\\nThe power given to a highway commissioner to repair highways in\u00c2\u00ac\\ncludes the power to build a bridge to connect two parts of a highway.\\nMather v. Crawford, 36 Barb. 564; Huggans v. Riley, 125 N. Y. 88.)\\nAs to the power of highway commissioners to build a new bridge,\\nwhere the old one has been destroyed, without waiting for action by the\\npeople at a town meeting. Roots v. Washburn, 79 N. Y. 207; Buyce v,\\nBuyce, 48 Hun, 433.)\\nWhere a bridge had not been destroyed but was deemed insufficient by\\nthe highway commissioner, he was held to have no power even with the\\nconsent of the town board to erect a new one. Bridge Co. v. Barnett, 1\\nSt. Rep. 600; s. c., 12 St. Rep. 194.)\\nAfter a town board has given its consent to the erection or repair of a\\nbridge, its powers and duties in relation thereto are at an end, and it may\\nnot give directions to the highway commissioners as to the manner of\\nconstruction. People v. Town Board, 92 Hun, 585.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0175.jp2"}, "176": {"fulltext": "134\\nThe Highway Law of New York.\\nWhen town or county expense.\\nWhere the town has authorized the construction of a bridge, any one\\nhighway commissioner may proceed to contract for its erection. Berlin\\nBridge Co. v. Wagner, 57 Hun, 346.)\\nWhere a town board by resolution authorizes a highway commissioner\\nto repair bridges broken down since last town meeting, he may erect an\\niron bridge if he deems it best. People v. Smith, 83 Hun, 432.)\\nWhere an act required the highway commissioners to build a bridge \u00e2\u0080\u009cupon\\nor near the site\u00e2\u0080\u009d of an old one, they had no power to change the location\\nof the highway. People v. Finger, 24 Barb. 341.)\\nIt will not render the erection of a bridge illegal Jthat when determined\\nupon there was no highway leading to its site. People v. Meach, 14 Abb.\\n[N. S]. 429.)\\nAs to the power of the supervisors to build bridges under the act of\\n1869. People v. Meach 14 Abb. [N. S.] 429; Huggans v. Riley, 125 N. Y.\\n88\\nPrior to the act of 1890 the burden of supporting the bridges within the\\ntowns was cast upon the towns alone. The counties could not be com\u00c2\u00ac\\npelled to contribute toward such support. Town of Wirt v. Supervisors\\n90 Hun, 205.)\\nBefore the repealing act of 1895 the towns could compel the counties to\\ncontribute in certain cases toward the expense of constructing and repair\u00c2\u00ac\\ning bridges. After such repeal, however, such right was lost even though\\nit had accrued priorJto the passing of the repealing act. Town of Wirt\\nv. Supervisors, 90 Hun, 205; but see Thacher v. Supervisors, 21 Misc. 271.)\\nThe board of supervisors of a county having within it two towns sep\u00c2\u00ac\\narated by a stream, may, upon the proper application of one of such towns,\\nenact a law authorizing and compelling the erection of a bridge over said\\nstream to connect highways in said towns, and impose taxes upon said\\ntowns to pay the expense thereof, though a majority of the taxpayers of\\none\\\\)f such town and its officers are opposed to\\\\it, however such opposi-\\nsition may be indicated. People v. Supervisors, 51 N. Y. 401; People v.\\nFlagg, 46 N. Y. 401; People v. McDonald, 69 N. Y. 32; Town of Kirk-\\nivood v. Newbury, 122 N. Y. 571.)\\nDuty of counties under this section may be enforced by mandamus.\\n{People v. Supervisors, 142 N. Y. 271.)\\nAs to the power of the supervisors, under the County Law, to permit a\\ntown to issue bonds for the construction of a bridge. {Ba?\u00e2\u0080\u0098ker v. Oswe", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0176.jp2"}, "177": {"fulltext": "The Highway Law of New York.\\n135\\nAdditional county aid.\\ngatchie, 10 Supp. 834; 16 Supp. 727; Berlin Bridge Co. v. Wagner, 57 Hun,\\n346; County Law, 12, subs. 6, 13, 14.)\\nA county is not liable at the suit of a private individual for personal\\ninjuries received from a defective bridge, though the county is charge\u00c2\u00ac\\nable with the maintenance thereof. Markey v. County of Queens 154 N.\\nY. 675; Ensign v. Supervisors, 25 Hun, 20.)\\nBridges erected within the Indian reservation need not be repaired by\\nthe highway commissioner. Bishop v. Barton, 64 N. Y. 637.)\\nWhen the approach to a bridge has been destroyed for over twenty-\\nfour years, the court will presume the highway thereover to have been\\nabandoned and will not require the bridge to be rebuilt. Matter of Free\u00c2\u00ac\\nholders of Owasco, 46 Hun, 620.)\\nL. 1892, ch. 493, not unconstitutional. Treanor v. Eichhorn, 74 Hun,\\n58.)\\nSee People ex rel. Root v. Supervisors, 146 N. Y. 107, 81 Hun, 216, con\u00c2\u00ac\\nstruing the above section before its amendment in 1895.\\nSee also Town of Salamanca v. Cattaraugus Co., 81 Hun, 282; People\\nex rel. Keene v. Supervisors, 142 N. Y. 271; Dygert v. Schenck, 23 Wend.\\n446.\\n131. Additional county aid *\u00e2\u0080\u0094When it shall appear\\nto the board of supervisors of any county that any one of\\nthe towns in their county will be unreaonably burdened\\nby erecting or repairing any necessary free bridges in\\nsuch town or upon its borders, such board of supervisors\\nmay cause such sum of money, not exceeding two thou\u00c2\u00ac\\nsand dollars in any one year, in addition to the amounts\\nprovided for in the last preceding section, to be raised and\\nlevied upon the county to be used to pay such portion of\\nthe expenses of erecting or repairing such bridge as such\\nboard may deem proper.\\nRepealed by County Law, L. 1892, ch. 686.\\nSection 63 of the County Law was evidently intended to be a substitute\\nfor the above section. It provides as follows:\\n63. County aid to towns for the construction and repair of\\nbridges.\u00e2\u0080\u0094 If the board of supervisors of any county shall deem any town\\nin the county to be unreasonably burdened by its \u00e2\u0080\u0099expenses for the con-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0177.jp2"}, "178": {"fulltext": "136\\nThe Highway Law of New Yoek.\\nStatement of expenses.\\nstruction and repair of its bridges, the board may cause a sum of money,\\nnot exceeding two thousand dollars in any one year, to be raised by the\\ncounty and paid to such town to aid in defraying such expenses.\\nSee People v. Supervisors, 1 Hill, 50.\\n132. Statement of expenses. \u00e2\u0080\u0094The commissioners of\\nhighways of every town in which the whole or any part\\nof any free bridge may be, shall make and deliver to\\nthe supervisor of the town, on or before the first day of\\nNovember in each year, a written statement, verified by\\none of them, containing a description of such bridge, the\\nwhole expense in items incurred by the town during the\\nyear preceding for its construction or repair.\\nRevised from L. 1883, ch. 346.\\nSee notes under 130, ante.\\n133. Supervisors to levy tax. \u00e2\u0080\u0094Every supervisor to\\nwhom such statement is delivered shall present the same\\nto the board of supervisors of his county at its next annual\\nsession thereafter, and the board of supervisors shall levy\\nupon the taxable property of the county a sum sufficient\\nto pay its proportion of such expense, and the same when\\ncollected shall be paid to the commissioners of highways\\nof such town to be applied toward the payment of such\\nexpense.\\nRevised from L. 1883, ch. 346.\\nSee notes under 130, ante.\\n134. Joint liabilities of towns, and their joint con-\\ntracts. \u00e2\u0080\u0094Whenever any two or more towns shall be liable\\nto make or maintain any bridge or bridges, the same shall\\nbe built and maintained at the joint expense of such\\ntowns, without reference to town lines. The commis\u00c2\u00ac\\nsioners of highways of all the towns, or of one or more", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0178.jp2"}, "179": {"fulltext": "The Highway Law of Hew Yoek.\\n137\\nJoint liabilities of towns, and their joint contracts.\\nof such towns, the others refusing to act, may enter into\\na joint contract for making and repairing such bridges.\\nRevised from L. 1841, ch. 225, as amended by L. 1857, ch. 383.\\nSee notes under 16, ante, as to the joint liability of towns and high\u00c2\u00ac\\nway commissioners for defective and unsafe bridges.\\nThe duty of the commissioner of highways to divide a town into road\\ndistricts for the purpose of keeping the highways in repair, does not\\ninclude the duty to repair bridges. Such latter duty is separately\\nimposed by this and the following sections. Day v. Day, 94 N. Y. 153.)\\nThe duty to keep and maintain bridges is a joint one imposed by the\\nlegislature. Oakley v. Town of Mamaroneck, 39 Hun, 448.)\\nThe liability of commissioners of highways under a bridge contract is a\\njoint one. Corey v. Rice, 4 Lans. 141.)\\nThis section is made to include all towns in which any part of the\\nbridge is located. (Lapham v. Rice, 55 N. Y. 472.)\\nThe expense of maintenance is to be borne equally, by the towns liable\\nwithout regard to the portion of the bridge located in either. Lapham\\nv. Rice, 55 N. Y. 472.)\\nWhere a bridge has been constructed; under a joint contract by the\\ncommissioners of several towns and been accepted, the liability of the\\ntowns is not only joint but several. Harris v. Houck, 57 Barb. 619.)\\nThe liability of adjoining towns to make and maintain bridges cannot\\nbe changed by a submission of the case to arbitration. Corey v. Rice, 4\\nLans. 141.)\\nAs to whether one of two towns can relieve the other from responsibility\\nfor the care of a bridge for which they are jointly liable. Getty v.\\nHamlin, 46 Hun, 1.)\\nWhere three towns were liable for the repairing of a bridge and one of\\nthem paid one-half the expense, it could not recover back the excess so\\npaid. (Flynn v. Hurd, 118 N. Y. 19.)\\nAs to approval by town of informal contract by commissioners. (Ed\u00c2\u00ac\\nwards v. Ford, 22 App. Div. 277.)\\nWhere two towns are liable to maintain a bridge they\u00e2\u0080\u0099are also liable to\\nmaintain the approaches thereto. (Edivards v. Ford, 22 App. Div. 2/7.)\\nWhere a county by special act is required to maintain a bridge between\\nadjoining towns, no act of their highway commissioners could bind such\\ntowns for repairs to the bridge. (Phelps v. Hawley, 52 N. Y. 23.)\\nA highway legally laid out will be presumed to be continued so as to make", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0179.jp2"}, "180": {"fulltext": "138\\nThe Highway Law of New York.\\nRefusal to repair.\\ntwo towns separated by a stream, jointly liable for the erection of a\\nbridge in the line of the highway. An abandonment is not shown by the\\nfact that part of the road has not been worked for six years, but one\\ntown may show that the approach to the bridge on its side has never been\\nopened. (Beckwith v. Whalen 65 N. Y. 332; reversed in 70 N. Y. 432.)\\nSee Surdam v. Fuller, 31 Hun, 500; Matter of Freeholders of Monte\u00c2\u00ac\\nzuma, 38 St. Hep. 970; Clapp v. Town of Ellington, 87 Hun, 542.\\n135. Refusal to repair .\u00e2\u0080\u0094If the commissioners of\\nhighways of either of such towns, after notice in writing\\nfrom the commissioners of highways of any other of such\\ntowns, shall not within twenty days give their consent in\\nwriting to build or repair any such bridge, and shall not\\nwithin a reasonable time thereafter do the same, the com\u00c2\u00ac\\nmissioners of highways giving such notice may make or\\nrepair such bridge, and then maintain an action in the\\nname of the town, against the town whose commissioners\\nneglect or refuse to join in such making or repairing,\\nand in such action, the plaintiffs shall be entitled to re\u00c2\u00ac\\ncover so much from the defendant, as the town would be\\nliable to contribute to the same, together with costs and\\ninterest.\\nRevised from L. 1841, ch. 225, as amended by L. 1857, ch. 383.\\nSee 142, post, as to refusal to repair bridge; see notes under 16, 17,\\nante.\\nIt is essential to the maintenance of an action as herein prescribed that\\nthe statutory notice be given. (Flynn v. Hurd, 118 N. Y. 19.)\\nAn absolute refusal by the commissioner of one town to assist in the\\nrepair of a bridge amounts to a waiver of the twenty days\u00e2\u0080\u0099 notice required\\nby this section. (Day v. Day, 94 N. Y. 153; Clapp v. Town of Ellington,\\n87 Hun, 542.)\\nAn action will lie under this section where the commissioners ofone of\\nseveral liable towns, though having met with the other commissioners\\nand agreed to join in the repair, yet have neglected to pay their share of\\nthe expense. (Surdam v. Fuller, 31 Hun, 500.)\\nAn allegation in the complaint that the defendant towns had money", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0180.jp2"}, "181": {"fulltext": "The Highway Law of New Yoke.\\n139\\nProceedings in court.\\nwith which to do the duty imposed upon them by law is not necessary to\\nthe complaint. Oakley v. Town of Mamaroneck, 39 Hun, 448.)\\nIf two of three commissioners have paid the indebtedness of a third,\\nthey must sue separately for the portions paid by them respectively;\\nwhere the action is joint by the two to recover the whole amount paid for\\nthe third, and the complaint does not show otherwise, the presumption is\\nin favor of a payment from joint funds. Corey v. Rice, 4 Lans. 141.)\\nSee Harris v. Houck, 57 Barb. 619; Phelps v. Haivley, 3 Lans. 160; Hawx~\\nhurst v. Mayor, 43 Hun, 588.\\n136. Proceedings in court* \u00e2\u0080\u0094Whenever any adjoin-\\ning towns shall be liable to make or maintain any bridge\\nover any streams dividing such towns, whether in the\\nsame or different counties, three freeholders in either of\\nsuch towns may, by petition signed by them, apply to\\nthe commissioners of highways in each of such towns, to\\nbuild, rebuild or repair such bridge, and if such com\u00c2\u00ac\\nmissioners refuse to build, rebuild or repair such bridge\\nwithin a reasonable time, either for want of funds or\\nany other cause, such freeholders, upon affidavit and\\nnotice of motion, a copy of which shall be served on each\\nof the commissioners, at least eight days before the hear\u00c2\u00ac\\ning, may apply to the supreme court at a special term\\nthereof, to be held in the judicial district in which such\\nbridge, or any part thereof, shall be located, for an order\\nrequiring such commissioners to build, rebuild or repair\\nsuch bridge, and the court upon such motion may, in\\ndoubtful cases, refer the case to some disinterested person\\nto ascertain the requisite facts in relation thereto, and to\\nreport the evidence thereof, to the court. Upon the\\ncoming in of the report, in case of such reference, or\\nupon or after the hearing of the motion, in case no such\\nreference shall be ordered, the court shall make an order\\nthereon as the justice of the case shall require. If the\\nmotion be granted in whole or in part, whereby funds\\nshall be needed by the commissioners to carry the order", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0181.jp2"}, "182": {"fulltext": "140\\nThe Highway Law of New York.\\nCommissioners to institute proceedings.\\ninto effect, such court shall specify the amount of money\\nrequired for that purpose, and how much thereof shall be\\nraised in each town.\\nRevised from L. 1857, ch. 639, \u00c2\u00a7\u00c2\u00a71,2.\\nDecisions under the act of 1857, ch. 639, authorizing the supreme court\\nto order the building of a bridge over a steam forming the boundary be\u00c2\u00ac\\ntween two towns. Matter of Mt. Morris and Castile, 41 Hun, 29; Matter\\nof Commissioners of Glen v. Florida, 20 St. Rep. 394; Ex parte Commis\u00c2\u00ac\\nsioners of Allegany and Carrolton, 59 N. Y. 313; Case of Irondequoit and\\nPenfield, 68 N. Y. 376; Matter of Spier, 115 N. Y. 665; s. c., 20 St. Rep.\\n389.)\\n137. Commissioners to institute proceedings\\nThe commissioners of highways of any such town, may\\ninstitute and prosecute proceedings under this chapter, in\\nthe name of the town, to compel the commissioners of\\nsuch adjoining towns, to join in the building, rebuilding\\nor repair of any such bridge, in like manner as freeholders\\nare hereby authorized.\\nRevised from L. 1857, eh. 639, 3.\\nSee Beckwith v. Whalen, 65 N. Y. 322; Phelps v. Hawley, 3 Lans. 160.\\n138. Their duty .\u00e2\u0080\u0094The order for building, rebuilding\\nor repairing a bridge being made, and a copy thereof\\nbeing served on the commissioners of highways of such\\nadjoining towns respectively, the commissioners of high\u00c2\u00ac\\nways of such towns shall forthwith meet and fix on the\\nplan of such bridge, or the manner of repairing the same,\\nand shall cause such bridge to be built, rebuilt or repaired\\nout of any funds in their hands applicable thereto; and if\\nan adequate amount of funds are on hand, they shall\\ncause the same to be built, rebuilt or repaired upon credit,\\nor in part for cash and in part upon credit, according to the\\nexigency of the case; and the commissioners may enter\\ninto a contract for building, rebuilding or repairing such", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0182.jp2"}, "183": {"fulltext": "The Highway Law of New York.\\n141\\nCommissioners to report.\\nbridge, pledging the credit of each town for the payment\\nof its appropriate share, so far as the same shall be upon\\ncredit.\\nRevised from L. 1857, eh. 639, 4.\\n139. Commissioners to report .\u00e2\u0080\u0094The commissioners\\nof highways of each town, shall make a full report of\\ntheir proceedings in the premises to the town board, at\\nthe time of making their annual report. They shall attach\\nto the copy of the order granted by the supreme court, an\\naccurate account under oath, of what has been done in\\nthe premises, and deliver the same to the supervisor of\\ntheir town. The board of supervisors at their annual\\nmeeting, shall levy a tax upon each of such towns, when\\nin the same county, and upon the appropriate town when\\nin different counties, for its share of the costs of building,\\nrebuilding or repairing such bridge, after deducting all\\npayments actually made by the commissioners thereon;\\nwhich tax, including prior payments, shall in no case\\nexceed the amount specified in the order.\\nRevised from L. 1857, eh. 639, 5.\\n140. Appeals .\u00e2\u0080\u0094Either party aggrieved by the grant\u00c2\u00ac\\ning or refusing to grant such order by the court at special\\nterm, may appeal from such decison to the general term\\nof the supreme court for the review of the decision.\\nThe general term may alter, modify or reverse the order,\\nwith or without costs.\\nRevised from L. 1857, eh. 639, 6.\\n141. JPowcr of court on appeal .\u00e2\u0080\u0094The special term\\nmay grant or refuse costs as upon a motion, including\\nalso witnesses fees, referees fees and disbursements.\\nThe appeal provided for in the last preceding section, shall\\nconform to the practice of the supreme court, in case of", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0183.jp2"}, "184": {"fulltext": "142\\nThe Highway Law of New York.\\nRefusal to repair bridge.\\nappeal from an order of a special term, to the general\\nterm.\\nRevised, from L. 1857, ch. 639, 7.\\n142. Refusal to repair bridge .\u00e2\u0080\u0094Whenever any such\\nbridge shall have been or shall be so out of repair as to\\nrender it unsafe for travelers to pass over the same, or\\nwhenever any such bridge shall have fallen down, or been\\nswept away by a freshet or otherwise, if the commis\u00c2\u00ac\\nsioners of highways of the adjoining towns after reasonable\\nnotice of such condition of the bridge, have neglected or\\nrefused, or shall neglect or refuse to repair or rebuild it,\\nthen whatever funds have been or shall be necessarily or\\nreasonably laid out or expended in repairing such bridge,\\nor in rebuilding the same, by any person or corporation,\\nshall be a charge on such adjoining towns, each being\\nliable for its just proportion; and the person or corpora\u00c2\u00ac\\ntion who has made such expenditure, or shall make such\\nexpenditures, may apply to the supreme court, at a special\\nterm, for an order requiring such towns severally to reim\u00c2\u00ac\\nburse such expenditures, which application shall be made\\nby serving papers upon the commissioners of highways of\\neach of such towns at least eight days; and the court may\\ngrant an order requiring each of the adjoining towns to\\npay its just proportion of the expenditures, specifying the\\nsame; and the commissioners of highways in each of\\nsuch towns shall forthwith serve a copy of such order upon\\nthe supervisor of each of their tofcns, who shall present\\nthe same to the board of supervisors, at their next annual\\nmeeting. The board of supervisors shall raise the amount\\ncharged upon each town by the order, and cause the same\\nto be collected and paid to such persons or corporation as\\nincurred the expenditure. The order shall be appealable.\\nRevised from L. 1857, ch. 639, 8.\\nSee 10, ante, where bridge lies wholly within a town; and notes under\\n135, ante.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0184.jp2"}, "185": {"fulltext": "The Highway Law of New York.\\n143\\nPenalty, and notice on bridge.\\n143. J Penalty, and notice on bridge. \u00e2\u0080\u0094The commis\u00c2\u00ac\\nsioners of highways may fix and prescribe a penalty, not\\nless than one, nor more than five dollars, for riding or\\ndriving faster than a walk on any bridge in their town,\\nwhose chord is not less than twenty-five feet in length\\nand put up and maintain in a conspicuous place at each\\nend of the bridge, a notice in large characters, stating\\neach penalty incurred.\\nRevised from 1 R. S., eh. 16, tit. 1, art. 6, 122, as amended by L. 1875,\\nch. 22, 1, and from L. 1878, eh. 477, 1, 2.\\n144. Offense. \u00e2\u0080\u0094Whoever shall ride or drive faster\\nthan a walk over any bridge, upon which notice shall have\\nbeen placed, and shall then be, shall forfeit for every\\noffense, the amount fixed by such commissioners, and\\nspecified in the notice.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 6, 123, 124, as amended by L.\\n1875, ch. 22, 2, and from L. 1873, ch. 477, 3.\\n145. Iron bridges. \u00e2\u0080\u0094No town or its officers shall be\\ncompelled to accept or pay for an iron or steel bridge\\nexceeding two hundred feet in length, or having a span\\nor spans exceeding one hundred feet in length, constructed\\ntherein or upon its borders, until the state engineer and\\nsurveyor shall certify to the completion of the bridge,\\npursuant to the contract under which it shall have been\\nconstructed, with his approval of the manner of its con\u00c2\u00ac\\nstruction and the material thereof; and all contracts made\\nfor the construction of any such bridge, shall be subject\\nto the provisions of this section.\\nNew.\\nSee White v. Town of Ellisburgh, 18 App. Div. 514; People ex red.\\nSlater v. Smith, 83 Hun, 432.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0185.jp2"}, "186": {"fulltext": "144\\nThe Highway Law of New York.\\nMiscellaneous provisions.\\nARTICLE VI.\\nMiscellaneous Provisions.\\nSection 150. Papers, where filed.\\n151. When commissioners do not act.\\n152. Costs on motion.\\n153. Injuries to highways.\\n154. When town not liable for bridge breaking.\\n155. Steam traction engine on highway.\\n156. Trees, to whom they belong.\\n157. Carriages meeting to turn to the right.\\n158. Intemperate drivers not to be engaged.\\n159. Drivers, when to be discharged.\\n160. Leaving horses without being tied.\\n161. Owners of certain carriages liable for acts of drivers.\\n162. Term \u00e2\u0080\u009ccarriage\u00e2\u0080\u009d defined.\\n163. Entitled to free use of highways.\\n164. Penalties, how recovered.\\n165. Extent of this chapter.*\\n165. Stone and rubbish not to be dumped in highways.\\nSection 150. Papers, ivhere filed .\u00e2\u0080\u0094All applications,\\ncertificates, appointments and other papers relating to the\\nlaying out, altering or discontinuing of any highway shall\\nbe filed by the commissioners of highways as soon as a\\ndecision shall have been made thereon in the town clerk\u00e2\u0080\u0099s\\noffice of their town.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 4, 83.\\nWhere an application to lay out a highway had been duly filed as pre\u00c2\u00ac\\nscribed in this section, it was held that further proof of the signatures to\\nthe application was not necessary. The paper was a public record and\\nproved itself. Van Bergen v. Bradley 36 N. Y. 316.)\\nSo in the original.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0186.jp2"}, "187": {"fulltext": "The Highway Law of New York.\\n145\\nWhen commissioners do not act.\\nSee McCarthy v. Whalen 19 Hun, 503; Phillips v. Schumacher, 10 Hun,\\n405; Patterson v. New York 1 Paige, 114.\\n151. When commissioners do not act .\u00e2\u0080\u0094When any\\ncommissioner or other officer appointed by a court under\\nthis chapter shall neglect or be prevented from serving,\\nthe court which appointed him shall appoint another in\\nhis place.\\nNew.\\n152. Costs on motion .\u00e2\u0080\u0094Costs of a motion to confirm,\\nvacate or modify the report of commissioners appointed\\nby the court to lay out, alter or discontinue a highway\\nmay be allowed in the discretion of the court not exceed\u00c2\u00ac\\ning fifty dollars. Costs of any other motion in a proceed\u00c2\u00ac\\ning in a court of record, authorized by this chapter, may\\nbe allowed in the discretion of the court not exceeding ten\\ndollars.\\nNeiv.\\nSee 92, ante, and notes thereunder, as to costs, by whom paid.\\n153. Injuries to highways .\u00e2\u0080\u0094Whoever shall injure\\nany highway or bridge maintained at the public expense\\nby obstructing or diverting any creek, water-course or\\nsluice, or by dragging logs or timber on its surface, or by\\nany other act, or shall injure, deface or destroy any mile\u00c2\u00ac\\nstone or guide-post erected on any highway, shall for\\nevery such offense, forfeit treble damages.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 7, 128-130.\\nSee 104, 105, ante, and notes thereunder as to obstructions in high\u00c2\u00ac\\nway, and how removed; 15, ante, and notes thereunder as to actions for\\ninjuries to highways; 164, post, as to actions by commissioners to recover\\npenalties.\\n10", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0187.jp2"}, "188": {"fulltext": "146\\nThe Highway Law of New York.\\nInjuries to highways.\\nPenal Code Provisions.\\n373. Floating logs or defacing marks thereon.\u00e2\u0080\u0094 A person who:\\n1. Floats, runs or assists in floating or running any lumber, logs or other\\ntimber upon or over any river not excepted by law, within this state,\\nrecognized by law or use as a public highway for the purpose of floating\\nand running lumber, logs and other timber therein, without first filing\\nthe bond executed and approved as required by law;\\nIs guilty of a misdemeanor.\\n385. \u00e2\u0080\u009cPublic nuisance\u00e2\u0080\u009d defined. \u00e2\u0080\u0094A public nuisance is a crime\\nagainst the order and economy of the state, and consists in unlawfully\\ndoing an act, or omitting to perform a duty, which act or omission;\\n3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders\\ndangerous for passage, a lake, or a navigable river, bay, stream, canal or\\nbasin, or a public park, square, street or highway;\\n429. Ice cuttings and bridges.\u00e2\u0080\u0094 A person who cuts, loosens\\nor detaches from any bay, estuary, inlet, or main, or island shore of the\\nSt. Lawrence river, within the jurisdiction of this state, any field of ice,\\nor large body of ice, used or suited for use, as a bridge or passage way\\nbetween an island of the river and the main shore, or between any islands\\nof such river, is guilty of a misdemeanor.\\n431. Noisome or unwholesome substances, etc., in highway.\u00e2\u0080\u0094 A\\nperson, who deposits, leaves or keeps, on or near a highway or route of\\npublic travel, either on the land or on the water, any noisome or unwhole\u00c2\u00ac\\nsome substance, or establishes, maintains or carries on, upon or near a\\npublic highway or route of public travel, either on the land or on the\\nwater, any business, trade or manufacture which is noisome or detrimen\u00c2\u00ac\\ntal to public health, is guilty of a misdemeanor, punishable by a fine of\\nnot less that one hundred dollars, or by imprisonment not less than three\\nnor more than six months, or both.\\n639, Injuring highway boundary, pier, sea wall, dock, rock,\\nBOUY,, LANDMARK, MILE .BOARD, PIPE, MAIN, SEWER, MACHINE, TELEGRAPH,\\netc.\u00e2\u0080\u0094A person who wilfully or maliciously displaces, removes,injures, or\\ndestroys,", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0188.jp2"}, "189": {"fulltext": "The Highway Law of New York.\\n147\\nWhen town not liable for bridge breaking.\\n1. A public highway or bridge, or a private way laid out by authority\\nof law, or a bridge upon such public or private way; or,\\n6. A mile board, mile stone, or guide post, erected upon a highway, or\\nany inscription upon the same;\\nIs punishable by imprisonment for not more than two years.\\n661. Throwing substance injurious to animals in public place,\\na misdemeanor. \u00e2\u0080\u0094A person who wilfully throws, drops or places, or\\ncauses to be thrown, dropped or placed, upon any road, highway, street\\nor public place, any glass, nails, pieces of metal or other substance which\\nmight wound, disable or injure any animal, is guilty of a misdemeanor.\\n154. When town not liable for bridge breaking\\n\u00e2\u0080\u0094No town shall be liable for any damage resulting to\\nperson or property, by reason of the breaking of any\\nbridge, by transportation on the same, of any vehicle and\\nload, together weighing four tons or over; but any owner\\nof such vehicle or load, or other person engaged in trans\u00c2\u00ac\\nporting or driving the same over any bridge, shall be lia\u00c2\u00ac\\nble for all damages resulting therefrom.\\nRevised from L. 1837, ch. 526, 1, as amended by L. 1890, cli. 210.\\nSee 16, ante, and notes thereunder as to liability of town for defective\\nhighway.\\n155. Steam traction engines on highway \u00e2\u0080\u0094The\\nowner of a carriage, vehicle or engine, propelled by steam,\\nhis servant or agent, shall not allow, permit or use the\\nsame to pass over, through or upon any public highway\\nor street, except upon railroad tracks, unless such owneis,\\nor their agents or servants, shall send before the same, a\\nperson of mature age, at least one-e ghtli of a mile in\\nadvance, who shall notify, and warn persons traveling or\\nusing such highway or street, with horses or other domes\u00c2\u00ac\\ntic animals, of the approach of such carriage, vehicle or", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0189.jp2"}, "190": {"fulltext": "148\\nThe Highway Law of New York.\\nTrees, to whom they belong.\\nengine; and at night such person shall carry a red light,\\nexcept in incorporated villages and cities.\\nRevised from L. 1886, eh. 269.\\nPenal Code Provision.\\n640 Malicious injury and destruction to property.\u00e2\u0080\u0094A person\\nwho wilfully,\\n11. Drives or leads along a public]highw T ay a wild and dangerous animal,\\nor a vehicle or engine propelled by steam, except upon a railroad, along a\\npublic highway, or causes or directs such animal, vehicle or engine to be\\nso driven, led, or to be made to pass, unless a person of mature age shall\\nprecede such animal, vehicle or engine by at least one-eighth 0 f a mile,\\ncarrying a red light, if in the night-time, and gives warning to all persons\\nwhom he meets traveling such highway, of the approach of such animal\\nvehicle or engine;\\nShall be deemed guilty of a misdemeanor.\\n156. Trees, to whom they belong .\u00e2\u0080\u0094All trees stand\u00c2\u00ac\\ning or lying on any land over which any highway shall be\\nlaid out, shall be for the proper use of the owner or occu\u00c2\u00ac\\npant of such land, except such of them as may be requisite\\nto make or repair the highway or bridges on the same\\nland.\\nRevised from 1 R. S., ch. 16, tit. 1, art. 7, 126.\\nSee notes under 105, ante, as to the removal of trees as encroachments;\\nL. 1881, ch. 344, Appendix, post, as to prevention of mutilation of shade\\ntrees; Village Law, 89, sub. 8, as to power of village trustees to protect\\nshade trees.\\nSee Edsall v. Howell, 86 Hun, 424, as to the ownership of trees set out\\nby an abutting owner after the laying out of a highway and as to the\\nmeasure of damages for their destruction.\\nWhere, in a grant of land, there is a presumption that the grantee owns\\nto the center of the street, all shade trees in front of the premises belong\\nto such grantee. (McCruden v. Rochester Ry. Co., 5 Misc. 59.)", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0190.jp2"}, "191": {"fulltext": "The Highway Law of New York.\\n149\\ni\\nCarriages meeting to turn to the right.\\n157. Carriages meeting to turn to the right\\nWhenever any persons traveling with any carriages, shall\\nmeet on any turnpike road or highway, the persons so\\nmeeting shall seasonably turn their carriages to the right\\nof the center of the road, so as to permit such carriages to\\npass without interference or interruption, under the pen\u00c2\u00ac\\nalty of five dollars for every neglect or offense, to be\\nrecovered by the party injured.\\nRevised from 1 R. S., eh. 20, tit. 13, 1.\\nSee notes under 100, ante as to the uses of and right of passage over\\nhighways.\\nSee 163, post, as to the free use of highways; Railroad Law, 33,\\nAppendix, post, as to the duties of railroads at crossings; see, also, Thorn\u00c2\u00ac\\nton on Railroad Fences.\\nIt is extremely doubtful whether the law in regard to keeping to the\\nright on a public highway applies to any one except the drivers of vehicles\\nof some kind; and even as to them there are many exceptions. Mooney\\nv. Trow, fee. Co., 2 Misc. 238; Newman v. Ernst, 31 St. Rep. 1; Harpell v.\\nCurtis, 1 E. D. Smith, 78; Pike v. Bosworth, 7 St. Rep. 665; Smith v.\\nDygert, 12 Barb. 613.)\\nRunaway horses should be guided to the right side of the road to avoid\\na collision. But if the horses are beyond the control of the driver and he\\nuses due diligence and the best of his ability as a skillful driver to control\\nthem, the law of the road does not apply. Cadwell v. Arnheim, 81 Hun,\\n39; s. c,. 152 N. Y. 182.)\\nThe centre of the road means the centre of the worked part of the road; it\\nis immaterial that one side was rougher than the other. {Earing v. Lansing\\n7 Wend. 185; Simmonsonv. Stellenmerf, Edm. S. C. 194; Pike v. Bosworth,\\n7 St. Rep. 665.) And when snow is upon the ground it is sufficient to keep\\nto the centre of the beaten track. {Smith v. Dygert, 12 Barb. 613.)\\nThe rule does not apply to a traveller on horseback meeting another\\nhorseman or a vehicle; reasonable care is all that is required in such case.\\n{Dudley v. Bolles 24 Wend. 465.)\\nA person driving upon a public highway in advance of another vehicle\\nis not bound to give way or give facilities to the overtaking vehicle to\\nenable it to pass; but he is bound to refrain from any manoeuvre calculated", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0191.jp2"}, "192": {"fulltext": "150\\nThe Highway Law of New York.\\nCarriages meeting to turn to the right.\\nto embarass an overtaking vehicle in its attempt to pass. Crabtree v.\\nOtterson, 22 App. Div. 393.)\\nWhere obstructions of a serious nature exist on one side of the road,\\nthe rule may be said not to apply. Mooney v. Trow Directory cfee. Co.,\\n2 Misc. 238; Earing v. Lansing, 7 Wend. 185; Pike v. Bosworth, 7 St. Rep.\\n665; Simmonson v. Stellenmerf, Edm. S. C. 194.)\\nIn an action brought for negligence causing a collision upon a highway,\\nthe plaintiff is bound to show that although upon the right side of the\\nhighway he endeavored to avoid collision. Schimpf v. Sliter, 64 Hun\\n463.)\\nOne who is on the wrong side is presumptively negligent; but the other\\nparty must show his injury as a result of such negligence and also his own\\nfreedom from contributory negligence. {Newman v. Ernst, 31 St. Rep. 1.)\\nAnd it is no excuse when one is driving on the wrong side that he had no\\ntime to turn out. {Simmonson v. Stellenmerf, Edm. S. C. 194; Pike v. Bos\u00c2\u00ac\\nworth, 7 St. Rep. 665.)\\nThis section is of necessity inapplicable to street railway vehicles when\\nmeeting common vehicles in the streets of a city. {Hegan v. Railroad\\nCo., 15 N. Y. 380; Whitaker v. Railroad Co., 51 N. Y. 295.) So with a\\nsteam railroad company. {Barker v. Railroad Co., 4 Daly, 274.) And a\\nstreet railway has the right of way in respect to vehicles passing between\\ntheir tracks either way; but in crossing other streets than that upon which\\ntheir tracks are laid, street car companies have no rights superior to other\\nvehicles. {Buhrens v. Railroad Co., 125 N. Y. 702; O Neil v. Railroad Co\\n129 N. Y. 125.)\\nFoot passengers and vehicles have equal rights in the highways and\\nespecially at street crossings; they are bound not only to use reasonable\\ncare as to their own safety, but also to avoid doing injury to others.\\n{Barker v. Savage, 45 N. Y. 191; Belton v. Baxter, 54 N. Y. 245; Atkinson\\nv. Oelsner, 32 St. Rep. 1088; Moebus v. Herman 108 N. Y. 349; Durant v.\\nLipsius, 5 St. Rep. 841; Murphy v. Orr, 96 N. Y. 14; Birket v. Knicker\u00c2\u00ac\\nbocker Ice Co., 110 N. Y. 504; s. c., 41 Hun, 404; Cowan v. Snyder, 5 Supp.\\n340; Henderson v. Knickerbocker Ice Co., 23 St. Rep. 530; s. c., 119 N. Y.\\n619; Brooks v. Schiverin, 54 N. Y. 343.)\\nWhere two vehicles approach each other on streets running at a right\\nangle, neither has the right of way; the one first signalling his intention\\nto proceed, has a right to expect that his signal will be obeyed. {Koester\\nv. Decker, 22 Misc. 353.) As to two street cars. {Loudoun v. Railroad Co.,", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0192.jp2"}, "193": {"fulltext": "The Highway Law of New York.\\n151\\nIntemperate drivers not to be engaged.\\n16 App. Div. 152); and as to a motor car and vehicle Bresky v. Railroad\\nCo., 16 App. Div. 83; Hergert v. Union Ry. Co., 25 App. Div. 218; Huber\\nv. Nassau R. R. Co., 22 App. Div. 426.)\\nPenal Code Provision as to Railroad Crossings.\\n421. Duties of locomotive engineers. \u00e2\u0080\u0094A person acting as engineer,\\ndriving a locomotive on any railway in this state, who fails to ring the\\nbell, or sound the whistle, upon such locomotive, or cause the same to be\\nrung or sounded, at least eighty rods from any place where such railway\\ncrosses a traveled road or street on the same level (except in cities) or to con\u00c2\u00ac\\ntinue the ringing of such bell or sounding such whistles at intervals, until\\nsuch locomotive, and the train to which the locomotive is attached, shall\\nhave completely crossed such road or street, or any officer of a corporation\\nwho shall wilfully obstruct, or cause to be obstructed, any farm or high\u00c2\u00ac\\nway crossing with any locomotive or car for a longer period than five con\u00c2\u00ac\\nsecutive minutes, is guilty of a misdemeanor.\\nAs to the right of way of an ambulance in preference to an ice wagon.\\n{Byrne v. Knickerbocker Ice Co., 21 St. Rep. 469; s. c., 121 N. Y. 700.)\\nPenal Code Provision as to Ambulance.\\n432. Ambulances. \u00e2\u0080\u0094A person who wilfully stops or obstructs the pas\u00c2\u00ac\\nsage of any ambulance or vehicle used for the transportation of sick or\\nwounded persons or animals upon any public street, highway or place, or\\nwho wilfully injures the same, or wilfully drives any vehicle into collis-\\nsion therewith, is guilty of a misdemeanor.\\nCare required of one driving in a public street, as to street sweepers, c.\\n{Smith v. Bailey, 14 App.[Div. 283.)\\nWhere a railway car obstructs the crossing of a public street, a traveller\\nhas a right to pass over its platform. {Shea v. Railroad Co., 62 N. Y. 180.)\\nSee Baumann v. Gilmour, 31 St. Rep. 283; O Neil v. Railroad Co., 3\\nMisc. 521.\\n158. Intemxierate drivers not to be engaged\\nNo person owning any carriage for the conveyance of\\npassengers, running or traveling upon any highway or\\nroad, shall employ, or continue in employment, any per\u00c2\u00ac\\nson to drive such carriage, who is addicted to drunken\u00c2\u00ac\\nness, or to the excessive use of spirituous liquor; and if", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0193.jp2"}, "194": {"fulltext": "152\\nThe Highway Law of New Yoke.\\nDrivers, when to be discharged.\\nany such owner shall violate the provisions of this section,\\nhe shall forfeit at the rate of five dollars per day, for all\\nthe time during which he shall have kept any such driver\\nin his employment.\\nRevised from 1 R. S., ch. 20, tit. 13, 2.\\n159. Drivers 9 when to be discharged .\u00e2\u0080\u0094If any\\ndriver, while actually employed in driving any such car\u00c2\u00ac\\nriage, shall be guilty of intoxication, to such a degree as\\nto endanger the safety of the passengers in the carriage,\\nthe owner of such carriage shall, on receiving written\\nnotice of the fact, signed by any one of said passengers,\\nand certified by him on oath, forthwith discharge such\\ndriver from his employment; and every such owner, who\\nshall retain, or have in his service within six months\\nafter the receipt of such notice, any driver who shall have\\nbeen so intoxicated, shall forfeit at the rate of five dollars\\nper day, for all the time during which he shall keep any\\nsuch driver in his employment after receiving such notice.\\nRevised from 1 R. S., ch. 20, tit. 13, 3.\\n160. Leaving horses without being tied .\u00e2\u0080\u0094No\\ndriver of any carriage used for the purpose of conveying\\npassengers for hire, shall leave the horses attached\\nthereto, while passengers remain in the same, without\\nfirst making such horses fast with a sufficient halter, rope\\nor chain, or by placing the lines in the hands of some other\\nperson, so as to prevent their running; and if any such\\ndriver shall offend against the provisions of this section,\\nhe shall forfeit the sum of twenty dollars.\\nRevised from 1 R. S., ch. 20, tit. 13, 5.\\nSee Code of Civil Procedure, 3082-3115, Appendix, post, as to action\\nor special proceeding relating to an animal straying upon the highway.\\nCow obstructing highway by her tethering rope. Gulliver v. Blauvelt\\n14 App. Div. 523.)\\nSee Davis v. Kallfelz, 22 Misc. 602.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0194.jp2"}, "195": {"fulltext": "The Highway Law of New York.\\n153\\nOwners of certain carriages liable for acts of drivers.\\n161. Owners of certain carriages liable for acts\\nof drivers .\u00e2\u0080\u0094The owners of every carriage running or\\ntraveling upon any turnpike road or highway, for the con\u00c2\u00ac\\nveyance of passengers, shall be liable jointly and severally,\\nto the party injured, for all injuries and damages done by\\nany person in the employment of such owners, as a driver,\\nwhile driving such carriage, whether the accident* occa\u00c2\u00ac\\nsioning such injury or damage be willful or negligent, or\\notherwise, in the same manner as such driver would be\\nliable.\\nRevised from 1 R. S., ch. 20, tit. 13, 6.\\nAt common law the liability of the owner of a vehicle, used for the\\ntransportation of persons for injuries resulting from the acts of his driver,\\nextends to those injuries only which result from the driver\u00e2\u0080\u0099s misjudgment\\nor negligence while engaged for the owner in his vocation as a driver.\\n(Whitaker v. Railroad Co., 51 N. Y. 295; Wriglit v. Wilcox, 19 Wend. 344;\\nHibbard v. R. R. Co., 15 N. Y. 467; Mali v. Lord, 39 N. Y. 383; Fraser v.\\nFreeman, 43 N. Y. 566; Isaacs v. R. R. Co., 47 N. Y. 122.)\\nThis section held not to apply to the driver of a street railway company.\\nWhitaker v. Railroad Co., 51 N. Y. 295.) Nor to the conductor. Isaacs\\nv. Railroad Co., 47 N. Y. 122.) See, also, Rounds v. Railroad Co., 64\\nN. Y. 129; Mott v. Consumers Ice Co., 73 N. Y. 543; Shea v. Railroad Co.,\\n62 N. Y. 180; Stewart v. Railroad Co., 90 N. Y. 588.\\n162. Term \u00e2\u0080\u009ccarriage\u00e2\u0080\u009d defined .\u00e2\u0080\u0094The term \u00e2\u0080\u009ccar\u00c2\u00ac\\nriage/ as used in this article, shall be construed to\\ninclude stage-coaches, wagons, carts, sleighs, sleds and\\nevery other carriage or vehicle used for the transportation\\nof persons and goods, or either of them, and bicycles,\\ntricycles and all other vehicles propelled by manumotive\\nor pedimotive power.\\nRevised from 1 R. S., ch. 20, tit. 13, 7, and from L. 1887, ch. 704, g 1.\\n*So in the original.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0195.jp2"}, "196": {"fulltext": "154\\nThe Highway Law of New York.\\nEntitled to free use of highways.\\n163. Entitled to free tise of highways .\u00e2\u0080\u0094The\\ncommissioners, trustees, or other authorities having charge\\nor control of any highway, public street, parkway, drive\u00c2\u00ac\\nway or place, shall have no power or authority to pass,\\nenforce, or maintain any ordinance, rule or regulation,\\nby which any person using a bicycle or tricycle, shall be\\nexcluded or prohibited from the free use of any highway,\\npublic street, avenue, roadway, driveway, parkway or\\nplace, at any time when the same is open to the free use\\nof persons having and using other pleasure carriages;\\nbut nothing herein, shall prevent the passage, enforce\u00c2\u00ac\\nment or maintenance of any regulation, ordinance or rule,\\nregulating the use of bicycles or tricycles in highways,\\npublic streets, driveways, parkways and places, in such\\nmanner as to limit and determine the proper rate of speed\\nwith which such vehicles may be propelled, nor in such\\nmanner as to require, direct or prohibit the use of bells,\\nlamps and other appurtenances, nor to prohibit the use*\\nany vehicle upon that part of the highway, street or park\u00c2\u00ac\\nway, commonly known as the foot path or sidewalk.\\nRevised from L. 1887, ch, 704.\\nSee notes under 100, ante, as to the uses of and right of passage over\\nhighways.\\nSee 157, ante, and notes thereunder, as to the law of the road and\\ncrossings.\\nPenal Code Provisions.\\n652. Driving vehicles, et cetera, on sidewalks.\u00e2\u0080\u0094 A person who\\nwilfully and without authority or necessity drives any team, vehicle, cat\u00c2\u00ac\\ntle, sheep, horse, swine or other animal along upon a sidewalk is punish\u00c2\u00ac\\nable by a fine of fifty dollars, or imprisonment in the county jail not\\nexceeding thirty days, or both.\\n1. A person who wilfully and without authority or necessity drives any\\nteam or vehicle, except a bicycle, upon a side path, or wheelway, con-\\n*So in the original.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0196.jp2"}, "197": {"fulltext": "The Highway Law of New York.\\n155\\nPenalties, how recovered.\\nstructed by or exclusively for the use of bicyclists, and not constructed in\\na street of a city, is punishable by a fine of not more than fifty dollars, or\\nimprisonment not exceeding thirty days, or both.\\n654a. Placing injurious substances on roads, etc.\u00e2\u0080\u0094 Whoever, with\\nintent to prevent the free use of a cycle thereon, shall throw, drop or\\nplace, or shall cause or procure to be thrown, dropped or placed, in or\\nupon any cycle path, avenue, street, sidewalk, alley, road, highway or\\npublic way or place, any glass, tacks, nails, pieces of metal, brier, thorn\\nor other substance which might injure or puncture any tire used on a\\ncycle, or which might wound, disable or injure any person using such\\ncycle, shall be guilty of a misdemeanor, and on conviction be fined not less\\nthan five nor more than fifty dollars.\\nSee Lechner v. Village of Newark 19 Misc. 452, as to ordinance allowing\\nbicycles upon sidewalks.\\nSee also Fuller v. Redding 13 App. Div. 61.\\n164. Penalties, how recovered .\u00e2\u0080\u0094All penalties or\\nforfeitures given in this chapter, and not otherwise\\nspecially provided for, shall be recovered by the commis\u00c2\u00ac\\nsioners of highways, in the name of the town in which\\nthe offence shall be committed; and when recovered,\\nshall be applied by them in improving the highways and\\nbridges in such town.\\nRevised from R. S., ch. 16, tit. 1, art. 7, 131.\\nSee 15, ante as to actions by commissioners for injuries to highways,\\nand 105, ante as to actions to compel the removal of encroachments.\\nThere is no provision in the statute which authorizes the commissioners\\nof highways of two towns to unite as plaintiffs and bring an action to\\nrecover the penalty or forfeiture for an encroachment upon a highway.\\nThe authority of such officers to maintain actions is given by statute, and\\nis confined to those of the town where the offense had been committed.\\n{Bradley v. Blair 17 Barb. 480.)\\nCommissioners of highways cannot maintain a suit in their official\\nnames or titles; but must use their individual names, annexing their\\nofficial titles. {Supervisor of Galway v. Stimson, 4 Hill, 176; Commis\u00c2\u00ac\\nsioners v. Peck 5 Hill, 215; Gould v. Glass, 19 Barb. 179.)\\nSee Commissioners v. Peck, 5 Hill, 215; Trustees of Jordon v. Otis, 37\\nBarb. 50.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0197.jp2"}, "198": {"fulltext": "156\\nThe Highway Law of New York.\\nStone and rubbish not to be dumped in highways.\\n165. Stone and rubbish not to be dumped inhigh-\\ntvays .\u00e2\u0080\u0094No stone or other rubbish shall be drawn to and\\ndeposited within the limits of any highway, except for\\nthe purpose of filling in a depression or otherwise improv\u00c2\u00ac\\ning the highway, with the consent of the commissioner\\nof highways and under the direction of a commissioner or\\noverseer of highways.\\nAdded by L. 1898, ch. 352.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0198.jp2"}, "199": {"fulltext": "The Highway Law of New York.\\n157\\nRegulation of ferries.\\nARTICLE VII.\\nRegulation of Ferries.\\nSection 170. Licenses.\\n171. Undertaking.\\n172. Appendages for rope ferries.\\n173. Superintendent of public works may lease right of passage.\\n174. When schedules to be posted.\\nSection 170. Licenses \u00e2\u0080\u0094The county court in each of\\nthe counties of this state, or the city court of a city, may\\ngrant licenses for keeping ferries in their respective\\ncounties and cities, to such persons as the court may deem\\nproper, for a term not exceeding five years. No license\\nshall be granted to a person, other than the owner of the\\nland through which that part of the highway adjoining to\\nthe ferry shall run, unless the owner is not a suitable\\nperson or shall neglect to apply after being served with\\neight days\u00e2\u0080\u0099 written notice from such other person of the\\ntime and place at which he will apply for such license, or\\nhaving obtained such license, shall neglect to comply with\\nthe conditions of the license, or maintain the ferry.\\nEvery license shall be entered in the book of minutes of\\nthe court by the clerk; and a certified copy thereof shall\\nbe delivered to the person licensed. When the waters\\nover which any ferry may be used, shall divide two\\ncounties or cities, or a county and city, a license obtained\\nin either of the counties or cities shall be sufficient to\\nauthorize transportation of persons, goods, wares and\\nmerchandise, to and from either side of such waters.\\nRevised from, 1 R. S., eh. 16, tit. 2, 1-3, 5-9.\\nSee County Law, 78, Appendix, post as to regulation of ferries by\\nboard of supervisors; notes under 100, ante as to ferries as highways.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0199.jp2"}, "200": {"fulltext": "158\\nThe Highway Law of New York.\\nLicenses.\\nPenal Code Provision.\\n415. Ferries.\u00e2\u0080\u0094A person who:\\n1. Maintains a ferry for profit or hire upon any of the waters of this\\nstate without authority of law; or,\\n2. Having entered into a recognizance to keep or maintain a ferry, vio\u00c2\u00ac\\nlates the condition of such recognizance,\\nIs guilty of a misdemeanor.\\nWhere such ferry is upon waters dividing two counties, the offender\\nmay be prosecuted in either county.\\nAs to the granting of ferry licenses or rights by the legislature being in\\nviolation of the state constitution. Matter of the Union Ferry Co., 98\\nN. Y. 139.)\\nThe legislature has power to regulate, control and define the powers of\\npersons or corporations under ferry franchises. (i Spader v. New York\\nElevated Railroad Co., 3 Abb. N. C. 467; Power v. Athens, 99 N. Y. 592;\\nMatter of Union Ferry Co., 98 N. Y. 139; New York v. Starin, 106 N. Y. 1.)\\nThe right to license ferries carries with it the right to grant exclusive\\nprivileges. Costar v. Brush, 25 Wend. 628.) A ferry license, however,\\nwill not be held to be exclusive, unless there is something therein show\u00c2\u00ac\\ning plainly that exclusive rights were intended to be granted. (Power v.\\nAthens, 99 N. Y. 592.)\\nThe grant of a ferry right by the state is not necessarily exclusive of\\nthe right to grant similar privileges to other parties. Thompson v. New\\nYork and Harlem Railroad Co., 3 Sand. Ch. 625.)\\nA ferry license may not be granted without the notice to the land\\nowner required by this section the owners of a rival ferry may complain\\nof the lack of notice. (Matter of Talcott, 31 Hun, 464.)\\nNotice need not be given in applying for a ferry license to persons who\\nhave obtained a license for a ferry at the same place. (Wiswall v. Wan-\\ndell, 3 Barb. Ch. 312.)\\nIt is not illegal for the grantees of an exclusive ferry right to agree to\\ntry to prevent the establishment of a third ferry. (Costar v. Bmish 25\\nWend. 628.)\\nAs to when it is proper to establish and operate ferries. (New York v.\\nSteamboat Co., 106 N. Y. 28.)\\nA ferry maintained without objection for a number of years will be\\npresumed to have been lawfully established. (Jordan v. Gas Light Co.\\n65 How, Pr. 255.)", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0200.jp2"}, "201": {"fulltext": "The Highway Law of New York.\\n159\\nLicenses.\\nCircumstances not amounting to a violation of the statutes in reference\\nto maintaining a ferry without authority of law. {People v. 3Iago, 69\\nHun, 559.)\\nWhere a ferry franchise has been granted and accepted it partakes of\\nthe nature of a contract, and as such is protected by the United States con\u00c2\u00ac\\nstitution. {Benson v. New York, 10 Barb. 223.)\\nFerry rights are not to be construed strictly against the grantees there\u00c2\u00ac\\nof. {New York v. Starin, 106 N. Y. 1.)\\nAs to the leasing of ferry rights or licenses. {Deivint v. Wiltsie, 9\\nWend. 325 Starin v. New York, 42 Hun, 549 Staten Island Rapid\\nTransit Co. v. New York, 2 Supp. 680 s. c., 110 N. Y. 96.)\\nThe grantees of ferry rights are obliged to maintain a ferry with suit\u00c2\u00ac\\nable accommodations for the public. {New York v. Starin 106 N. Y. 1.)\\nA municipal corporation may require ferry property to be repaired and\\nput in safe condition. {Jordan v. Gas-Light Co., 65 How. Pr. 255.)\\nA grant of land under water, with a reservation of a portion thereof\\n\u00e2\u0080\u009cfor the uses and purposes of public streets, avenues and highways,\u00e2\u0080\u009d\\nincludes in such reservation a use of the land for ferry purposes. {Jordan\\nv. Gas-Light Co., 65 How. Pr. 255.)\\nWhen a railroad has been granted the right to transfer its passengers\\nto a public ferry it has no right to transfer other persons to the injury of\\nthe ferry owners. {Aikin v. Western Railroad Co., 20 N. Y. 370.)\\nThe city of New York has the exclusive right to establish and regulate\\nferries from its shores to opposite ones, such as Long Island, Staten\\nIsland, c. {New York v. Longstreet, 64 How. Pr. 30; Benson v. New York,\\n10 Barb. 223; Darlington v. New York, 31 N. Y. 202; New York v. New\\nYork and Staten Island Ferry Co 49 How. Pr. 250; People v. New York\\nand Staten Island Ferry Co., 49 How. Pr. 511; New York v. Starin, 106 N.\\nY. 1; New York v. New Jersey Steamboat Nav. Co., 106 N. Y. 28.) But see\\nas to ferries over the East River, Matter of Union Ferry Co., 98 N. Y. 139.\\nSee, also, Cunard Steamship Co. v. Voorhies, 18 J. S. 253; s. c., 104 N.\\nY. 525.\\nThe Niagara common pleas has power to grant licenses for ferries over\\nthe Niagara river, though the jurisdiction of the state extends only to the\\ncentre of the river. {People v. Babcock, 11 Wend. 586.)\\nThe city of Albany has exclusive control of all ferries within its limits.\\n{Aikin v. Western Railroad Corporation, 20 N. Y. 370.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0201.jp2"}, "202": {"fulltext": "160\\nThe Highway Law of New York.\\nUndertaking.\\nAs to the right of ferriage between Hudson and Athens on the Hudson\\nriver. Power v. Athens 99 N. Y. 592.)\\nCases treating of negligence of ferry proprietors or corporations.\\nWyckoff v. Queens County Ferry Co., 52 N. Y. 32; Loftus v. Union Ferry\\nCo., 22 Hun, 33; s. c., 84 N. Y. 455; Bartlett v. Transportation Co., 29 St.\\nRep. 357; Hoffman v. Union Ferry Co., 68 N. Y. 385; Ferris v. Union\\nFerry Co., 36 N. Y. 312; Hazman v. Hoboken, e. Co., 50 N. Y. 53; Hawks\\nv. Winans, 10 J. S.451; s. c., 74 N. Y. 609; Tonkins v. New York Ferry\\nCo., 47 Hun, 562; Fitzpatrick v Garrisons Ferry Co., 49 Hun, 288; Bar\u00c2\u00ac\\ntholomew v. Ferry Co., 28 St. Rep. 388; Snelling v. Ferry Co., 128 N. Y.\\n579; s. c., 37 St. Rep. 184.)\\n171. JJndertaking .\u00e2\u0080\u0094Every person applying for such\\nlicense shall, before the same is granted, execute and file\\nwith the clerk of the court his undertaking, with one or\\nmore sureties, approved by the court, to the effect that he\\nwill attend such ferry with sufficient and safe boats and\\nother implements, and so many men to work the same as\\nshall be necessary during the several hours in each day,\\nand at such rates as the court shall direct.\\nRevised from 1 R. S., cli. 16, tit. 2, 4.\\nSee Penal Code, 415, under 170, ante, as to violation of condition of\\nundertaking.\\n172. Appendages for rope ferries .\u00e2\u0080\u0094Any person\\nlicensed to keep a ferry may, with the written consent of\\nthe commissioners of highways of the town where such\\nferry may be, erect and maintain within the limits of the\\nhighway, at such point as shall be designated in such\\nconsent, a post or posts, with all necessary braces and\\nappendages, for a rope ferry.\\nRevised from L. 1861, eh. 30, 1.\\n173. Superintendent of public works may lease\\nright of passage .\u00e2\u0080\u0094The superintendent of public works\\nmay where ferries are now maintained at tide-water, lease", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0202.jp2"}, "203": {"fulltext": "The Highway Law of New York.\\n161\\nWhen schedules to be posted.\\nthe right #f passage for foot passengers across state lands\\nadjoiuiug tide water for a period not exceeding ten years,\\non such conditions as he may deem advantageous to the\\nstate.\\nRevised from L. 1884, ch. 359, 1.\\n174. When schedules to be posted .\u00e2\u0080\u0094Every person\\nlicensed to operate or control any ferry in this state, or\\nbetween this state and any other state, operating from or\\nto a city of fifty thousand inhabitants or over, shall post\\nin a conspicuous and accessible position outside and adja\u00c2\u00ac\\ncent to each entrance to such ferry, and in at least four\\naccessible places, in plain view of the passengers upon\\neach of the boats used on such ferry, a schedule plainly\\nprinted in the English language, of the rates of ferriage\\ncharged thereon, and authorized by law to be charged for\\nferriage over such ferry. If any such person shall fail\\nto comply with the provisions of this section, or shall\\npost a false schedule, he shall he guilty of a misdemeanor.\\nA. similar provision was found in L. 1888, ch. 260, repealed by L. 1889,\\nch. 489, sec. 3.\\nAmended by L. 1900, ch. 313, taking effect April 6, 1900.\\nSee Transportation Corporations Law, sec. 6, as to posting of schedule\\nby corporations.\\nPenal Code Provision.\\nSec. 415a. Penalty for neglect to post schedule of ferry rates.\u00e2\u0080\u0094\\nA person, corporation or association operating any ferry in this state, or\\nbetween this state and any other state, operating from or to a city of five\\nhundred thousand inhabitants or over, posting a false schedule of ferry\\nrates, or neglecting to post in a conspicuous and accessible place in each of\\nits ferry-houses, in plain view of the passengers, a schedule, plainly", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0203.jp2"}, "204": {"fulltext": "162\\nThe Highway Law of New York.\\nWhen schedules to be posted.\\nprinted in the English language, of the rates of ferriage charged thereon\\nand authorized by law to be charged for ferriage over such ferry, is guilty\\nof a misdemeanor.\\nThe provision as to posting a schedule of ferry rates does not apply to\\nforeign corporations. {Blanchard v. Hoboken Land Improvement Co\\n6 Sapp. 279.)\\nAs to the right of a municipal government to fix the maximum rates of\\nferriage. {People v. New York 32 Barb. 102.)\\nI\\nI", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0204.jp2"}, "205": {"fulltext": "The Highway Law op New York.\\n163\\nRepealing and other laws.\\nARTICLE VIII.\\nRepealing and Other Laws\\nSection 180. Laws repealed.\\n181. Saving clause.\\n182. Construction.\\n183. When to take effect.\\nSchedule.\\nSection 180. Laws repealed .\u00e2\u0080\u0094Of the laws enumerated\\nin the schedule hereto annexed, that portion specified in\\nthe last column is repealed. Such repeal shall not revive\\na law repealed by any law hereby repealed, but shall\\ninclude all laws amendatory-of the laws hereby repealed.\\n181. Saving clause .\u00e2\u0080\u0094The repeal of a law, or any\\npart of it specified in the annexed schedule, shall not\\neffect or impair any, act done, or right accruing, accrued,\\nor acquired, or penalty, forfeiture, or punishment incurred\\nprior to the time when this act takes effect, under or by\\nvirtue of the laws so repealed, but the same may be\\nasserted, enforced, prosecuted, or inflicted, as fully and\\nto the same extent, as r if such laws had not been repealed;\\nand all actions or proceedings, civil or criminal, com\u00c2\u00ac\\nmenced under or by virtue of the laws so repealed and\\npending February twenty-eighth, eighteen hundred and\\nninety-one, may be prosecuted and defended to final effect\\nin the same manner as they might under the laws then\\nexisting, unless it shall be otherwise specially provided\\nby law.\\nSee Edsall v. Howell, 86 Hun, 424, as to the operation of this section in\\nregard to repealing L. 1863, ch. 93.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0205.jp2"}, "206": {"fulltext": "164\\nThe Highway Law of New York.\\nConstruction.\\n182. Construction .\u00e2\u0080\u0094The provisions of this chapter,\\nso far as they are substantially the same as those laws\\nexisting on February twenty-eighth, eighteen hundred\\nand ninety-one, shall be construed as a continuation of\\nsuch laws, modified or amended, according to the langu\u00c2\u00ac\\nage employed in this chapter, and not as new enactments;\\nand references in laws not repealed, to provisions of law\\nincorporated into this chapter and repealed shall be con\u00c2\u00ac\\nstrued as applying to the provisions so incorporated;\\nnothing in this chapter shall be construed to amend or\\nrepeal any provision of the Penal or Criminal Code.\\n183. When to take effect .\u00e2\u0080\u0094This chapter shall take\\neffect on the first day of March, eighteen hundred and\\nninety-one.\\ni\\ni", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0206.jp2"}, "207": {"fulltext": "The Highway Law of New York.\\n165\\nSchedule of laws repealed.\\nSCHEDULE OF LAWS REPEALED.\\nRevised Statutes, Part I, chapter 16.\\nRevised Statutes, Part I, chapter 20, title\\nLaws of Chapter\\n1832 107\\n1833 149\\n1832. 274\\n1834 267\\n183.5 _ 154_\\n.All\\n13.All\\nSections\\n.All\\n.All\\n.All\\n.All\\n.All\\n1836.\\n122.\\n.All\\n1837.\\n431.\\n.All\\n1840\\n300\\n.All\\n1841\\n225\\n.All\\n1845.\\n180.\\n5, 6, 7, 9, 12, 13, 14\\n1847.\\n455. 3, 4,\\n5. 6, 7, 8, 9, 11, 12, 20, 21, 22, 23\\n1853.\\n63.\\n.All\\n1853\\n_ 135.\\n.All\\n1853\\n174.\\n.All\\n1855\\n255\\n.All\\n1857\\n383\\n.All\\n1857\\n_ 491.\\n..All\\n1857\\n615\\n1\\n1857\\n_ 639\\n.All\\n1858\\n51\\n.All\\n18.58\\n103\\n.All\\nISfirt\\n61.\\n.All\\n18firt\\n_ 468\\n.All\\nIRfil\\n30.\\n.All\\nIRfil\\n3H.\\n.All\\n18A9\\n_ 243\\n.All\\n18A3\\n93.\\n.All\\n444\\n.All\\n18A4\\n395\\n.All\\n186a.\\n442\\n.All", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0207.jp2"}, "208": {"fulltext": "166\\nThe Highway Law of New York\\nSchedule of laws repealed.\\nLaws of\\n1865..\\n1868..\\n1860..\\n1868..\\n1868....\\n1860..\\n1869..\\n1869..\\n1870..\\n1872..\\n1873..\\n1873....\\n1873\\n1873....\\n1873....\\n1873..\\n1874..\\n1874..\\n1875..\\n1875....\\n1875..\\n1876..\\n1876..\\n1877..\\n1877..\\n1878..\\n1878..\\n1878....\\n1878..\\n1879..\\n1880..\\n1880....\\n1880....\\n1880....\\n1881....\\n1881....\\n1881....\\nChapter\\n522\\n180\\n770\\n791\\n843\\n24\\n131\\n593\\n461\\n274\\n63\\n69\\n395\\n448\\n477\\n773\\n169\\n570\\n22\\n196\\n341\\n340\\n348\\n197\\n344\\n44\\n49\\n114....\\n245\\n67\\n114\\n305 _\\n308\\n503\\n233\\n513\\n696\\nSections\\n7\\n.All\\n.All\\n.All\\n.All\\n.All\\n1\\nAll\\n1\\nAll\\nAll\\nAll\\nAll\\nAll\\nAll\\nAll\\nAll\\nAll\\nAll\\nAll\\nAll\\nAll\\nAll\\nAll\\n.All\\nAll\\n.AH\\nAll\\n.All\\nAll\\n.All\\n.All\\n.All\\n.All\\n.All\\nAll", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0208.jp2"}, "209": {"fulltext": "The Highway Law of New York\\n167\\nSchedule of laws repealed.\\nLaws of\\n1881....\\n1883....\\n1883....\\n1883..\\n1884..\\n1884....\\n1884....\\n1884....\\n1884..\\n1886..\\n1886....\\n1886....\\n1886..\\n1887....\\n1887....\\n1887..\\n1888..\\n1888....\\n1889..\\n1889..\\n89\\nChapter\\n700\\n346\\n371\\n398\\n220\\n251\\n359\\n396\\n479\\n269\\n344\\n422\\n452\\n471\\n526\\n704\\n240\\n260\\n120\\n146\\n259\\nSections\\n.All\\n.All\\n.AH\\n.All\\n...All\\n.AH\\n.All\\n.All\\n....All\\nAll\\n.All\\n.All\\n.All\\n.All\\n.All\\n.All\\n.All\\n.All\\n.All\\n.All\\n.All", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0209.jp2"}, "210": {"fulltext": "", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0210.jp2"}, "211": {"fulltext": "n\\nfyvyi! r\\nr-.\\ni\\nappendix.\\nI", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0211.jp2"}, "212": {"fulltext": "", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0212.jp2"}, "213": {"fulltext": "The Highway Law of New York.\\n171\\nGeneral laws relating to highways.\\nGENERAL LAWS RELATING TO\\nHIGHWAYS.\\nt\\nCONSTITUTION.\\nARTICLE I.\\n7. When private property shall be taken for any pub\u00c2\u00ac\\nlic use, the compensation to be made therefor, when such\\ncompensation is not made by the state, shall be ascer\u00c2\u00ac\\ntained by a jury, or by not less than three comirassioners\\nappointed by a court of record, as shall be prescribed by\\nlaw. Private roads may be opened in the manner to be\\nprescribed by law; but in every case the necessity of the\\nroad and the amount of all damage to be sustained by the\\nopening thereof shall be first determined by a jury of free\u00c2\u00ac\\nholders, and such amount, together with the expenses of\\nthe proceeding, shall be paid by the person to be bene\u00c2\u00ac\\nfited. General laws may be passed permitting the owners\\nor occupants of agricultural lands to construct and main\u00c2\u00ac\\ntain for the drainage thereof, necessary drains, ditches\\nand dykes upon the lands of others, under proper re\u00c2\u00ac\\nstrictions and with just compensation, but no special laws\\nshall be enacted for such purposes.\\nARTICLE III.\\n18. The legislature shall not pass a private or local\\nbill in any of the following cases:\\nLaying out, opening, altering, working or discontinuing", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0213.jp2"}, "214": {"fulltext": "172\\nThe Highway Law of New York.\\nConstitution.\\nroads, highways or alleys, or for draining swamps or other\\nlow lands.\\nGranting to any corporation, association or individual\\nthe right to lay down railroad tracks.\\nProviding for building bridges, and chartering com\u00c2\u00ac\\npanies for such purposes, except on the Hudson river\\nbelow Waterford, and on the East river, or over the\\nwaters forming a part of the boundaries of the state.\\nBut no law shall authorize the construction or operation\\nof a street railroad except upon the condition that the con\u00c2\u00ac\\nsent of the owners of one-half in value of the property\\nbounded on, and the consent also of the local authorities\\nhaving the control of, that portion of a street or highway\\nupon which it is proposed to construct or operate such rail\u00c2\u00ac\\nroad be first obtained, or in case the consent of such prop\u00c2\u00ac\\nerty owners cannot be obtained, the appellate division of\\nthe supreme court, in the department in which it is pro\u00c2\u00ac\\nposed to be constructed, may, upon application, appoint\\nthree commissioners who shall determine, after a hearing\\nof all parties interested, whether such railroad ought to be\\nconstructed or operated, and their determination, confirmed\\nby the court, may be taken in lieu of the consent of the\\nproperty owners.\\nARTICLE XIII.\\n1. Members of the legislature, and all officers,\\nexecutive and judicial, except such inferior officers as shall\\nbe by law exempted shall, before they enter on the duties\\nof their respective offices, take and subscribe the follow\u00c2\u00ac\\ning oath or affirmation: \u00e2\u0080\u009cI do solemnly swear (or affirm)", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0214.jp2"}, "215": {"fulltext": "The Highway Law of New York.\\n173\\nConstitution.\\nthat I will support the constitution of the United States,\\nand the constitution of the state of New York, and that I\\nwill faithfully discharge the duties of the office of-,\\naccording to the best of my abilityand all such officers\\nwho shall have been chosen at any election shall, before\\nthey enter on the duties of their respective offices, take\\nand subscribe the oath or affirmation above prescribed,\\ntogether with the following addition thereto, as part\\nthereof: \u00e2\u0080\u009cAnd I do further solemnly swear (or affirm) that\\nI have not directly or indirectly paid, offered or promised\\nto pay, contributed, or offered or promised to contribute\\nany money or other valuable thing as a consideration or\\nreward for the giving or withholding a vote at the elec\u00c2\u00ac\\ntion at which I was elected to said office, and have not\\nmade any promise to influence the giving or withholding\\nany such vote,\u00e2\u0080\u009d and no other oath, declaration or test\\nshall be required as a qualification for any office of public\\ntrust.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0215.jp2"}, "216": {"fulltext": "174\\nThe Highway Law of New York.\\nSelections from Code of Civil Procedure.\\nSELECTIONS FROM THE CODE OF\\nCIVIL PROCEDURE.\\nTITLE X.\\nAction or Special Proceeding, Relating to an Animal\\nStraying upon the Highway.\\nSection 3082. Action against person suffering animals to stray\\n3083. Penalties to be recovered.\\n3084. Certain officers to seize animals straying.\\n3085. When private person may seize such animals.\\n3086. Officer or person seizing to present petition.\\n3087. Precept thereupoi\\n3088. Id. how served.\\n3089. Proof of service of precept.\\n3090. Answer trial.\\n3091. Decision in favor of petitioner warrant to sell: execution\\nthereof.\\n3092. Application of proceeds of sale.\\n3093. Disposition of surplus.\\n3094. Id. when no claim made within a year.\\n3095. Order upon claims for surplus appeal therefrom.\\n3096. Proceedings upon decision in favor of person answering.\\n3097. Demand of possession before trial. Proceedings thereupon.\\n3098. Id. when animal wilfully set at large by third person\\n3099. Action by owner in such case.\\n3100. Action by petitioner and by officer.\\n3101. Demand of possession after final order and before sale.\\n3102. Order upon demand of possession appeal therefrom.\\n3103. Id. stay of proceedings.\\n3104. Appeal from final order.\\n3105. Id. by claimant; stay of proceedings and delivery of\\npossession.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0216.jp2"}, "217": {"fulltext": "The Highway Law of New York.\\n175\\nAction against person suffering animals to stray.\\nSebtion 3106. Proceedings upon affirmance.\\n3107. Limitation of action for seizing animals.\\n3108. Certain actions can not be maintained.\\n3109. Where several animals are trespassing, damages are entire.\\nProceedings in such cases.\\n3110. Proceedings in other cases, where there are different\\nowners.\\n3! 11. Surplus, where there are different owners.\\n3112. When one action, etc., supersedes any other.\\n3113. Rights of officer when private person fails to prosecute.\\n3114. Persons having a special property deemed owner.\\n3115. Agent may act for his principal.\\n3082. Action against person suffering animals\\nto stray .\u00e2\u0080\u0094Any person, who suffers or permits one or\\nmore cattle, horses, colts, asses, mules, swine, sheep, or\\ngoats, to run at large, or to be herded or pastured, in a\\npublic street, highway, park or place, elsewhere than in\\na city, incurs thereby the penalty or penalties specified\\nin the next section; and any resident of the town, or the\\nofficer to whom a fine or penalty is to be paid for the\\nbenefit of the poor, as prescribed in section 2875 of this\\nact, or the overseer or superintendent of the poor of the\\ntown or district, in which one or more of those animals\\nare found so running at large, herded, or pastured, may\\nmaintain an action against him, in a justice\u00e2\u0080\u0099s court, held\\nin that town or district, to recover the penalty or penalties\\nso incurred. Where the action is brought by a private\\nperson, the justice must pay the proceeds of an execution,\\nissued upon a judgment therein in favor of the plaintiff,\\nafter deducting the costs, to the officer, who might have\\nbrought the action, as prescribed in this section, to be\\napplied by him to the support of the poor within his town\\nor district.\\n3083. Penalties to be recovered .\u00e2\u0080\u0094If the plaintiff\\nrecovers judgment, in an action brought as prescribed in", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0217.jp2"}, "218": {"fulltext": "176\\nThe Highway Law of New York.\\nCertain officers to seize animals straying.\\nthe last section, the justice must award to him the follow\u00c2\u00ac\\ning sums, by way of penalties, besides the costs of the\\naction:\\n1. For each horse, colt, ass, mule, swine, bull, ox,\\ncow, or calf, five dollars.\\n2. For each sheep or goat, one dollar.\\nThe entire amount of the penalties may be recovered, in\\none action, although it exceeds the sum, for which a jus\u00c2\u00ac\\ntice can render a judgment in an ordinary action.\\n3084. Certain officers to seize animals straying\\n\u00e2\u0080\u0094Where one or more cattle, horses, colts, asses, mules,\\nswine, sheep, or goats are found running at large, or\\nbeing herded or pastured, in a public street, highway,\\npark, or place, elsewhere than in a city, the overseer of\\nhighways of the road district, or, if they are so found\\nwithin an incorporated village, the street commissioner\\nthereof, having personal knowledge or being notified of\\nthe fact, must immediately seize the animal or animals,\\nand keep it or them in his possession, until disposed of as\\nprescribed in the following sections of this title.\\n3085. When private person may seize such ani\u00c2\u00ac\\nmals .\u00e2\u0080\u0094Any person may seize one or more animals speci\u00c2\u00ac\\nfied in the last section, then running at large, or being\\nherded or pastured, in a public street, highway, park, or\\nplace, elsewhere than in a city, bordering upon real prop\u00c2\u00ac\\nerty owned or occupied by him; or then trespassing upon\\nreal property so owned or occupied, having entered there\u00c2\u00ac\\nupon from such a public street, highway, park, or place.\\nThe person making the seizure, must keep the animal or\\nanimals seized, in his possession, until disposed of as\\nprescribed in the following sections of this title.\\n3086. Officer or person seizing to present peti\u00c2\u00ac\\ntion .\u00e2\u0080\u0094An officer or other person, who seizes an animal", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0218.jp2"}, "219": {"fulltext": "The Highway Law of New York.\\n177\\nPrecept thereupon.\\nor animals, as prescribed in either of the last two sections,\\nmust immediately file, with a justice of the peace of the\\ntown in which the seizure was made, a written petition,\\nverified by his oath; setting forth the facts, which bring\\nthe case within either of those sections; briefly describing\\nthe animal or animals seized; stating either the name of\\nthe owner, or that his name is not known to the petitioner,\\nand can not be ascertained by him with reasonable dili\u00c2\u00ac\\ngence; and praying for a final order directing the sale of\\nthe animal or animals seized, and the application of the\\nproceeds thereof, as prescribed in this title. Where the\\npetition alleges, that any animal or animals seized, were\\nthen trespassing upon real property owned or occupied by\\nthe petitioner, it must state the amount of the damages,\\nif any, which the petitioner has sustained thereby. In\\nthat case, the decision of the justice, or, where the issues\\nare tried by a jury, the verdict must fix the amount of\\nthe damages.\\n3087. Precept thereupon .\u00e2\u0080\u0094Upon the presentation\\nof the petition, the justice must issue a precept under his\\nhand; directed to the owner, if his name is stated in the\\npetition, or, if it is not so stated, directed generally to\\nall persons having an interest in the animal or animals\\nseized; briefly reciting the substance of the petition; de\u00c2\u00ac\\nscribing the animal or animals seized, and requiring the\\nperson or persons, to whom the precept is directed, to\\nshow cause before the justice, at a time and place specified\\ntherein, not less than ten or more than twenty days, after\\nthe issuing of the precept, why the prayer of the petition\\nshould not be granted.\\n3088. Id*; how served .\u00e2\u0080\u0094The precept must be served\\nupon the person, to whom it is directed by his name,\\n12", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0219.jp2"}, "220": {"fulltext": "178\\nThe Highway Law of New York.\\nProof of service of precept.\\nwithin the same time, and in like manner as a summons\\nis required to be served, as prescribed in section 2910 of\\nthis act. Where it is directed generally to all persons,\\nhaving an interest in the animal or animals seized, it may\\nbe served by a constable of the town, or by an elector\\nthereof, specially authorized so to do by a written indorse\u00c2\u00ac\\nment upon the precept, under the hand of the justice, by\\nposting a copy thereof in at least six public and conspicu\u00c2\u00ac\\nous places in the town where the seizure was made: one\\nof which places must be the nearest district school-house,\\nor, if the seizure was made within an incorporated vil\u00c2\u00ac\\nlage, having schools in charge of a board of education, a\\nbuilding in which such a school is kept. Each copy\\nmust be posted, within two days after the precept is issued.\\nWhere the precept is directed to a person by his name,\\nand proof is made by affidavit, to the satisfaction of the\\njustice, that it cannot, with reasonable diligence, be per\u00c2\u00ac\\nsonally served upon that person, within the county, at\\nleast six days before the return day thereof, the justice\\nmay, by a written order, direct that service thereof be\\nmade, by posting copies thereof, at least five days before\\nthe return day, as prescribed in this section; in which\\ncase, service thereof may be made accordingly.\\n3089. Proof of service of precept .\u00e2\u0080\u0094At the place\\nwhere the precept is returnable, and at the expiration of\\nthe time specified in section 2893 of this act, the petitioner\\nmust, unless the precept is directed to a person by his\\nname, and he appears, furnish proof of the service of the\\nprecept, as prescribed in the last section. If it was served\\nby a constable, either personally or by posting, his writ\u00c2\u00ac\\nten return upon the precept is sufficient proof of the facts\\nrelating to the service, as stated therein. If it was served\\nby a private person, proof of service must be made by\\naffidavit.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0220.jp2"}, "221": {"fulltext": "The Highway Law of Hew York.\\n179\\nAnswer: trial.\\n3090. Answer; trial .\u00e2\u0080\u0094The owner, or a person hav\u00c2\u00ac\\ning an interest in any animal seized, may appear upon\\nthe return of the precept, and thereby make himself a\\nparty to the special proceeding. The person so appearing\\nmay, upon the return of the precept, tile a written an\u00c2\u00ac\\nswer, subscribed by him or his attorney, and verified by\\noath of the person subscribing it, denying, absolutely or\\nupon information and belief, one or more material allega\u00c2\u00ac\\ntions contained in the petition. His answer must also set\\nforth his interest in the animal or animals seized. The\\nsubsequent proceedings must be the same as in an action\\nin a justices\u00e2\u0080\u0099 court, wherein an issue of fact has been\\njoined, except as otherwise specially prescribed in this\\ntitle.\\n3091. Decision in favor of petitioner; warrant\\nto sell; execution thereof \u00e2\u0080\u0094If no person appears and\\nanswers, or if the decision of the justice, or the verdict of\\nthe jury, where the issues were tried by a jury, is in favor\\nof the petitioner, the justice must make a final order,\\ndirecting the sale of the animal or animals seized, and the\\napplication of the proceeds thereof, as prescribed in this\\ntitle. Thereupon the justice must issue a warrant, under\\nhis hand, directed generally to any constable of the\\ncounty, commanding him to sell the animal or animals\\nseized, at public auction, for the best price which he can\\nobtain therefor; and to make return thereof to the justice,\\nat a time and place therein specified, not less than ten or\\nmore than twenty days thereafter. The sale must be\\nmade upon the like notice, and in like manner, as a sale\\nof property, by virtue of an execution issued by a justice\\nof the peace; and the constable must make return, as\\nrequired by the warrant, and must pay the proceeds of\\nthe sale to the justice, deducting therefrom his fees, at", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0221.jp2"}, "222": {"fulltext": "180\\nThe Highway Law of New York.\\nApplication of proceeds of sale.\\nthe rate allowed by law for the collection of such an execu\u00c2\u00ac\\ntion.\\n8092. Application of proceeds of sale ,\u00e2\u0080\u0094The justice\\nmust apply the proceeds of the sale as follows:\\n1. He must pay the costs of the petitioner, as taxed by\\nthe justice, at the same rates as the costs of an action\\nbrought before him, including the justice s fees in such\\nan action; and also the fees for the service of the precept,\\neither personally or by posting, at the rate allowed by\\nlaw for personal service of a summons by a constable.\\n2. Out of the remainder of the proceeds, he may retain\\nto his own use, a fee of one dollar, for each animal sold.\\n3. Out of the remainder of the proceeds, he must pay to\\nthe officer, or other person making the seizure, the follow\u00c2\u00ac\\ning fees, for the seizure of each animal seized and sold,\\nto wit: One dollar for each horse, colt, ass, or mule;\\nfifty cents for each bull, ox, cow, or calf; and twenty-five\\ncents for each goat, sheep, or swine; together with a\\nreasonable compensation, fixed by him, for the care and\\nkeeping of each animal, from the time of the seizure to\\nthe time of the sale; and, also, where any animal sold\\nwas seized, while trespassing upon real property owned or\\noccupied by the petitioner, the damages sustained by the\\npetitioner in consequence thereof, as ascerained by the\\ndecision of the justice, or the verdict of the jury upon\\nwhich the final order was made.\\n4. Out of the remainder of the proceeds, he must pay\\nto the officer, to whom a fine or penalty is to be paid for\\nthe benefit of the poor, as prescribed in section 2875 of this\\nact, the following penalties, to wit: five dollars for each\\nhorse, colt, ass, mule, bull, ox, cow, calf, or swine,\\nseized and sold; and one dollar for each sheep or goat,\\nseized and sold; which penalties must be received by the\\nofficer, for the benefit of the poor of his town or district.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0222.jp2"}, "223": {"fulltext": "The Highway Law of New York.\\n181\\nDisposition of surplus.\\n5. If any surplus remains, he must pay the same to the\\nperson or persons entitled thereto, as prescribed in the\\nfollowing sections of this title.\\n3098. Disjjosition of surplus .\u00e2\u0080\u0094Any person may,\\nwithin ten days after the return of the warrant, file,\\nwith the justice, a written claim to the surplus of the\\nproceeds of the sale, or to any part thereof. On the\\neleventh day after the return, or, if it is a Sunday or a\\npublic holiday, on the first day thereafter, which is neither\\nSunday nor a public holiday, the justice must proceed\\nto inquire into the claims so filed; and, for the purpose\\nof determining them, he must hear the allegations and\\nproofs of each claimant; and he may issue subpoenas, as\\nupon the trial of an action. He may, upon the applica\u00c2\u00ac\\ntion of any claimant, and for good cause shown, adjourn\\nthe hearing, from time to time, but not more than thirty\\ndays in all. After hearing the allegations and proofs of\\nall the claimants, he must decide the claims, and enter\\nan order accordingly. If no claim is filed; or if the right\\nto the surplus money, or any part thereof, is not estab\u00c2\u00ac\\nlished, to the satisfaction of the justice, as prescribed in\\nthis section; any person, whose claim was not determined\\nupon the hearing, may file a claim thereto, at any time\\nbefore the expiration of a year from the return of the war\u00c2\u00ac\\nrant; and, thereupon, the justice must proceed, as pre\u00c2\u00ac\\nscribed in this section with respect to a claim filed within\\nthe ten days.\\n3094. Id.; When no claim made within a year\\nIf, at the expiration of one year after the return of the\\nwarrant, any portion of the surplus remains, a claim to\\nwhich has not been established to the satisfaction of the\\njustice, pursuant to the provisions of the last section, the\\njustice must pay it, for the benefit of the poor, to the", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0223.jp2"}, "224": {"fulltext": "182\\nThe Highway Law of New York.\\nOrder upon claim for surplus; appeal therefrom.\\nofficer to whom a fine or penalty is to be paid for the\\nbenefit of the poor, as prescribed in section 2875 of this\\nact; and, thereupon, all persons are forever barred from\\nany claim thereto. But if a claim, filed as prescribed in\\nthe last section, remains undetermined at the expiration\\nof the year, the justice must determine it within ten days\\nthereafter; and, for that purpose, he must retain the sur\u00c2\u00ac\\nplus in his hands until the determination.\\n3095. Order upon claim for surplus; appeal\\ntherefrom .\u00e2\u0080\u0094An appeal from an order determining a\\nclaim, as prescribed in the last two sections, may be taken\\nto the county court, by a claimant, within ten days after\\nthe making of the order, as from a judgment of a justice\\nin an action to recover a sum equal to the claim; and the\\nproceedings thereupon are the same, except that an\\nundertaking is not necessary for any purpose. Upon such\\nan appeal, each other claimant, whose interest is affected\\nby the order appealed from, must be made a respondent.\\nIf there is no such claimant, the officer entitled to the\\nsurplus must be made respondent; but costs cannot be\\nawarded against him, unless he appears upon the appeal;\\nin which case, the costs are in the discretion of the appel\u00c2\u00ac\\nlate court. Where an appeal, taken as prescribed in this\\nsection, is perfected, the county judge may, in his dis\u00c2\u00ac\\ncretion, make an order extending the time, within which\\npayment of the surplus must be made, as prescribed in\\nthe last section, and staying payment accordingly.\\nUnless such an order is made, and a copy thereof is served\\nupon the justice, payment must be made as prescribed in\\nthe last section, notwithstanding the appeal; and upon\\nproof of the payment, the appeal must be dismissed.\\nWhere an appeal is taken to the supreme court, from the\\ndetermination of the county court, the county judge, or", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0224.jp2"}, "225": {"fulltext": "The Highway Law of New York.\\n183\\nProceedings upon decision in favor of person answering.\\na justice of the supreme court may make a like order, and\\nwith like effect.\\n3096. Proceedings upon decision in favor of per\u00c2\u00ac\\nson answering .\u00e2\u0080\u0094If the decision of the justice, or the\\nverdict of the jury, where the issues are tried by a jury,\\nis in favor of the person answering, it must fix the value\\nof each animal seized. If the justice or the jury find that\\nthe seizure was malicious, and without probable cause,\\nthe decision or verdict must assess the damages sustained\\nby the person answering, by means of the seizure and\\ndetention. The justice must thereupon make a final\\norder, awarding to the person so answering, the return of\\nthe animal or animals seized, or the value thereof if a\\nreturn cannot be had; together with his costs, at the\\nrates allowed by law in an action brought before him to\\nrecover a chattel; and, also, twice the sum assessed as\\nhis damages, if any. Thereupon a warrant must be issued\\nby the justice to a constable, to the same effect, as an\\nexecution issued, in an action to recover a chattel, upon\\na judgment in favor of the defendant, where the chattel\\nhas not been delivered to him; and each provision of this\\nchapter, relating to a judgment and an execution in such\\na case, applies to a final order made, aud a warrant issued\\nthereupon, as prescribed in this section.\\n3097. Demand of possession before tried; proceed\u00c2\u00ac\\nings thereupon .\u00e2\u0080\u0094At any time after the precept is issued,\\nand before the commencement of the trial, the owner of\\nany animal seized may file with the justice a written\\ndemand of the possession thereof. Thereupon he is\\nentitled to the possession, upon complying with the fol\u00c2\u00ac\\nlowing terms:\\n1. He must pay to the justice, for the use of the peti\u00c2\u00ac\\ntioner, the costs of the proceedings, to the time of filing", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0225.jp2"}, "226": {"fulltext": "184\\nThe Highway Law of New York.\\nId.; when animal wilfully set at large by third person.\\nthe demand, as prescribed in subdivison first of section\\n3092 of this act, and, also, the sums payable on account\\nof each animal, whereof possession is so demanded, as\\nprescribed in subdivison third of the same section; which\\nsums must be fixed by the justice, after hearing the alle\u00c2\u00ac\\ngations and proofs of the parties.\\n2. He must also pay to the justice, a fee of one dollar\\nfor each animal, whereof possession is so demanded.\\n3. If the petitioner is an officer, to whom a fine or\\npenalty is to be paid for the benefit of the poor, as pre\u00c2\u00ac\\nscribed in section 2875 of this act, the claimant must also\\npay to the justice, for the petitioner\u00e2\u0080\u0099s use, the sum\\nspecified therein on account of each animal, whereof\\npossession is 90 demanded.\\n4. The claimant must also prove, to the satisfaction of\\nthe justice, by affidavit or other competent evidence, that\\nhe is the owner of each animal, whereof possession is\\nso demanded. Each person who has appeared must have\\nnotice of, and may oppose, the claim.\\n3098. Id.; when animal wilfully set at large by\\nth ird person .\u00e2\u0080\u0094But where, in a case specified in the last\\nsection, the person filing a demand, presents therewith to\\nthe justice sufficient proof, by affidavit or otherwise, that\\nthe running at large, herding, pasturing, or trespassing, by\\nreason whereof the animal or animals, of which he demands\\npossession, were seized, was caused by the wilful act,\\nintended to effect that object, of a person other than the\\nowner; and also makes the proof specified in subdivision\\nfourth of that section, he is entitled to possession, pursu\u00c2\u00ac\\nant to his demand,upon paying to the petitioner, or to the\\njustice for his use, a reasonable sum, to be fixed by the\\njustice, after hearing the allegations and proof, of the\\npai ties, as compensation for the care and keeping of the\\nanimal or animals, whereof possession is so demanded,", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0226.jp2"}, "227": {"fulltext": "The Highway Law of New York.\\n185\\nAction by owner in such a case.\\nand without paying any other sum, specified in the last\\nsection.\\n3099. Action by owner in such a case .\u00e2\u0080\u0094The owner\\nof an animal, seized in consequence of a wilful act\\nspecified in the last section, may recover, in an action\\nagainst the person who committed it, all damages sus\u00c2\u00ac\\ntained by him, in consequence thereof, including the sum\\npaid in order to recover possession of the animal, as pre\u00c2\u00ac\\nscribed in the last section; and, in addition thereto, the\\nsum of twenty dollars for each animal seized.\\n3100. Action by petitioner and by officer Where\\nthe possession of an animal has been delivered, as pre\u00c2\u00ac\\nscribed in the last section but one, an action may also\\nbe maintained, by the petitioner in the special proceeding\\nbefore the justice, against the person who committed the\\nwilful act, to recover, in addition to all other damages sus\u00c2\u00ac\\ntained by the plaintiff in consequence of the wilful act,\\nall sums, to which the plaintiff would have been entitled\\nout of the proceeds of the sale, as prescribed in section\\n3092 of this act, other than the compensation paid for\\nthe care and keeping of the animal. In the like case, if\\nthe petitioner is a private person, the officer, to whom\\na fine or penalty is to be paid for the benefit of the poor,\\nas prescribed in section 2875 of this act, may maintain an\\naction against the person, who committed the wilful act,\\nto recover the penalties to which the plaintiff would have\\nbeen entitled, out of the proceeds of the sale, as prescribed\\nin that subdivision. Neither of the actions specified in\\nthis or the last section is affected by the pendency of, or\\nthe recovery of judgment in, either of the others.\\n3101. Demand of possession after final order\\nand before sale.\u00e2\u0080\u0094A person, entitled to demand the pos-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0227.jp2"}, "228": {"fulltext": "186\\nThe Highway Law of New York.\\nOrder upon demand of possession; appeal therefrom.\\nsession of an animal, as prescribed in section 3097 of this\\nact, who did not appear upon the return of the precept, or\\nupon the trial, may file, with the justice, a written demand\\nof the possession, at any time after the final order, and\\nnot less than three days before the time appointed for the\\nsale; and, thereupon, he is entitled to the possession, upon\\ncomplying with the following terms:\\n1. He must furnish, by affidavit or other competent evi\u00c2\u00ac\\ndence, a sufficient excuse, to the satisfaction of the justice,\\nfor his failure to appear.\\n2. He must, in all respects, comply with the provisions\\nof section 3097 of this act; except that it is necessary for\\nhim to pay only one-half of the justice\u00e2\u0080\u0099s fee, as prescribed\\nin subdivision second of that section; and one-half of the\\nfees payable to the petitioner, for the seizure of each an\u00c2\u00ac\\nimal, as prescribed in subdivision third of section 3092 of\\nthis act.\\n3102. Order upon demand of possession; appeal\\ntherefrom Where a demand for the return of the pos\u00c2\u00ac\\nsession of an animal is filed, as prescribed in either of the\\nlast five sections, the justice must, at the request of either\\nparty thereto, make, and enter in his minutes, an order\\ndetermining the same. An appeal from such an order\\nmay be taken to the county court, by the person making\\nthe demand, or by either party to the special proceeding,\\nat any time before the final order in the special proceeding\\nis made; and each person or party so entitled to appeal,\\nmust be made a respondent upon an appeal taken by one\\nof the others. The appeal must be taken in like manner,\\nas an appeal from a judgment of the justice in an action\\nto recover a chattel; and the proceedings thereupon are the\\nsame, except as otherwise prescribed in the next section.\\n3103. Id.; stay of proceedings .\u00e2\u0080\u0094An appeal from", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0228.jp2"}, "229": {"fulltext": "The Highway Law of New York.\\n187\\nAppeal from final order.\\nan order, specified in the last section, is not effectual for\\nany purpose, unless the appellant procures from the county\\njudge an order, directing a stay of the proceedings upon\\nthe petition, and a stay of the execution of the order ap\u00c2\u00ac\\npealed from, and files it with the justice, within the time\\nallowed for the appeal. The order may be granted or\\nrefused, in the discretion of the county judge, or granted\\nupon such terms, as to security or otherwise, as he thinks\\nproper; and it may be vacated or modified, either abso\u00c2\u00ac\\nlutely, or unless further security is given, in his discretion.\\n3104. Appeal from final order .\u00e2\u0080\u0094Within ten days\\nafter a final order upon a petition is made, as prescribed\\nin this title, an appeal therefrom may be taken by the\\npetitioner, or by the person answering, in like manner as\\nan appeal from a judgment of the justice in an action to\\nrecover a sum of money, equal to the value of the animal\\nor animals, and the proceedings thereupon are the same,\\nexcept as otherwise prescribed in the next section.\\n3105. Id,; by claimant; stay of proceedings and\\ndelivery of possession .\u00e2\u0080\u0094An appeal from a final order,\\ntaken, as prescribed in the last section, by the person\\nanswering, is not effectual for any purpose, unless the ap\u00c2\u00ac\\npellant files, with the notice of appeal, an order of the\\ncounty judge, or, if he is absent from the county, of a jus\u00c2\u00ac\\ntice of the supreme court, reciting that the appeal has been\\nperfected, and that security has been given thereupon, as\\nprescribed in this section, and directing a stay of proceed\u00c2\u00ac\\nings upon the final order appealed from, and that the pos\u00c2\u00ac\\nsesion of the animal or animals seized be delivered to the\\nappellant. The order can be made only where an under\u00c2\u00ac\\ntaking is given by the appellant, as required for the pur\u00c2\u00ac\\npose of perfecting an appeal from a judgment, and staying\\nthe execution thereof; and also an undertaking, in the same", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0229.jp2"}, "230": {"fulltext": "188\\nThe Highway Law of New York.\\nProceedings upon affirmance.\\nor another instrument, to the effect that, if the final order\\nappealed from is affirmed, or if the appeal is dismissed,\\nthe appellant will pay all sums which the justice awards\\nagainst him, upon the hearing after the determination\\nof the appeal, as prescribed in the next section, not exceed\u00c2\u00ac\\ning a sum specified therein; which must be, at least, twice\\nthe amount of all the sums, which might be deducted from\\nthe proceeds of the sale, as prescribed in section 3092 of\\nthis act. The sum must be fixed, and the undertaking\\nmust be approved, by the judge who grants the order.\\nUpon filing the order with the justice, the appellant is\\nforthwith entitled to the possession of the animal or amimals\\nseized.\\n3106. Proceedings upon affirmance .\u00e2\u0080\u0094If the final\\norder appealed from is affirmed, upon an appeal taken by\\nthe person answering, the county court must appoint a\\ntime and place, at which the justice must fix the sums\\npayable by the appellant, pursuant to his undertaking.\\nThe justice may adjourn the hearing to another place, and\\nto another time, not exceeding three days after the time so\\nappointed. The justice must fix the sum so payable, as\\nif a warrant for the sale of the animals seized had been re\u00c2\u00ac\\nturned, and the proceeds thereof paid to him by the con\u00c2\u00ac\\nstable, as prescribed in section 3092 of this act. The\\nundertaking upon the appeal enures to the benefit of each\\nofficer, to whom any sum is payable, as prescribed in that\\nsection; and with respect to any of those sums, the respon\u00c2\u00ac\\ndent is a trustee for the officer entitled thereto.\\n3107. Limitation of action for seizing animals\\n\u00e2\u0080\u0094Where an animal is seized, upon the ground that it was\\nrunning at large, or was being herded or pastured, or was\\ntrespassing, contrary to the provisions of this title; and\\nthe officer or other person making the seizure, immediately", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0230.jp2"}, "231": {"fulltext": "The Highway Law of New York.\\n189\\nCertain actions can not be maintained.\\nfiles his petition, and diligently prosecutes the same, as\\nprescribed in this title; an action to recover the animal so\\nseized, or to recover damages for the seizure, or for any\\nact subsequent thereto, must be commenced within one\\nyear after the cause of action accrues.\\n3108. Certain actions can not be maintained\\nA person, to whom the precept was directed by his name,\\nand who was personally served therewith, or a person who\\nhas appeared and answered in the special proceeding, or\\ndemanded the return of any animal seized, can not main\u00c2\u00ac\\ntain an action against the officer or other person seizing an\\nanimal, or a person acting by his command, or in his aid,\\nin a case specified in the last section. But, except as\\nspecified in this section, the owner of an animal seized or\\ndetained, under color of any provision of this title, may\\nmaintain an action to recover the animal, or its value, or\\ndamages, for the seizure or detention, or for any unlawful\\nact subsequent, thereto, if, in fact, the animal was not, at\\nthe time of the seizure, running at large, or being herded\\nor pastured, or trespassing, as the case may be, as specified\\nin the foregoing provisions of this title.\\n3109. Where several animals are trespassing\\ndamages are entire. Proceedings in such cases. For\\nthe purpose of determining the damages sustained by the\\npetitioner, where two or more animals are found simul\u00c2\u00ac\\ntaneously trespassing upon real property, owned or occu\u00c2\u00ac\\npied by him, all the damage done by all the animals seized,\\nis to be regarded as done by them jointly; and the petition\u00c2\u00ac\\ner s remedy therefor is entire, and must be enforced against\\nall the animals, and the proceeds of the sale thereof.\\nWhere different persons, who are known, own different\\nanimals seized, the precept must be directed to all of them\\nby their names. If one or more of the owners are known,", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0231.jp2"}, "232": {"fulltext": "190\\nThe Highway Law of New York.\\nProceedings in other cases, where there are different owners.\\nand the others are unknown, and can not be ascertained\\nwith reasonable diligence, the precept roust be directed to\\neach known owner, by his name, and, also generally to all\\npersons having an interest in those animals, the owners of\\nwhich are unknown. In a case specified in this section, a\\ndemand of the possession of an animal seized can not be\\nmade, as prescribed in section 3097 or 3101 of this act,\\nunless it is made with respect to all the animals seized, and\\nby persons entitled to the possession of all of them. But\\na separate demand may be made, as prescribed in section\\n3098 of this act, by each owner of one or more animals\\nseized; in which case, if possession is delivered to him, as\\nprescribed in that section, the petitioner\u00e2\u0080\u0099s remedy for his\\ndamage is the same, with respect to the animal or animals,\\nof which possession is not so delivered, and against the\\nproceeds of the sale thereof, as if those, whereof possession\\nis so delivered, had not been trespassing upon the property.\\n3110. Proceedings in other cases, ivhere there are\\ndifferent owners .\u00e2\u0080\u0094Where the petitioner does not allege,\\nthat the animals seized, were trespassing upon real prop\u00c2\u00ac\\nerty owned or occupied by him, and different persons own\\ndifferent animals seized, a seperate special proceeding may\\nbe instituted, as prescribed in this title, against each owner,\\nor against any two or more owners, with respect to the\\nanimals owned by him or them. Or the proceedings may\\nbe taken against all the owners jointly; in which case,\\neach person to whom the precept is directed by his name,\\nand each person having an interest in an animal seized,\\nhas the same right to demand the possession of the animal\\nowned by him, and the same right to answer separately,\\nas if the special proceeding was against him separately;\\nand the final order may be in favor of one or more of the\\npersons so answering, with respect to the animal or\\nanimals owned by him or them, and for his or their costs;", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0232.jp2"}, "233": {"fulltext": "The Highway Law of New t York.\\n191\\nSurplus where there are different owners.\\nand against the remainder of the persons answering, or to\\nwhom the precept was directed, or for the sale of the re\u00c2\u00ac\\nmainder of the animals, in like manner, as if the former\\npersons had not answered, or had not been named in the\\nprecept. But the person, first making a demand of the\\npossession of any animal seized, must pay all the costs to\\nthe time of the demand; and a person, subsequently mak\u00c2\u00ac\\ning a demand, is excused from the payment of any costs,\\nexcept those which have accrued since the former demand.\\n3111. Surplus where there are different owners.\\n\u00e2\u0080\u0094Where proceedings are taken jointly against different\\npersons, who own different animals seized, as prescribed\\nin either of the last two sections, the surplus, remaining\\nin the justice\u00e2\u0080\u0099s hands, must be distributed between them,\\nin proportion to the value of the animals owned by each,\\nto be determined by the justice. Any owner may claim\\nseparately his proportion of the surplus; and sections 3093\\nand 3094 of this act apply to a claim made, and to the dis\u00c2\u00ac\\nposition of the surplus arising, as prescribed in this sec\u00c2\u00ac\\ntion.\\n3112. When one action, etc.; {supersedes any other.\\n_Where two or more persons, or an officer and a private\\nperson, are authorized, by this title, to bring an action, oi\\nto seize an animal, and take the proceedings pi escribed in\\nthis title for the disposition thereof, the commencement of\\nan action, or the seizure of the animal, by either of them,\\nsupersedes the right of any of the otheis to biing such an\\naction, or to make such a seizure, with respect to the ani\u00c2\u00ac\\nmal seized, or in question in the action. But the justice\\nmav, in his discretion, allow an officei oi othei peison\\nwho\u00e2\u0080\u0099is interested in the recovery, or in the application of\\nthe proceeds of the sale, to appear in the action or special\\nproceeding, for the purpose of protecting his interest, and", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0233.jp2"}, "234": {"fulltext": "192\\nThe Highway Law of New York.\\nRights of officer when private person fails to prosecute.\\nto take such part in the proceedings therein as the justice\\nthinks proper.\\n3113. Hights of officer when private person fails\\nto prosecute. \u00e2\u0080\u0094Where a seizure is made by a private per\u00c2\u00ac\\nson, as prescribed in this title, and the possession of an\\nanimal seized is abandoned by him, without filing a peti\u00c2\u00ac\\ntion; or where an action, brought by a private person, as\\nprescribed in this title, is settled or discontinued by the\\nplaintiff; the officer, to whom a penalty is payable, as\\nprescribed in section 3083 of this act, or in subdivision\\nfourth of section 3092 of this act, may, unless he has\\nassented to the abandonment, settlement, or discontinu\u00c2\u00ac\\nance, maintain an action against the owner of the ani\u00c2\u00ac\\nmal in question, to recover the penalty so payable to him;\\nand, upon proof of the facts, which would have entitled\\nthe plaintiff in the former action, or the petitioner in the\\nspecial proceeding, to recover, he is entitled to judgment\\naccordingly.\\n3114. j Person having a special property deemed\\nowner. \u00e2\u0080\u0094Where a person is, at the time of the seizure,\\nentitled to the possession of an animal, as against the\\ngeneral owner thereof, by virtue of a special property\\ntherein, he is deemed, for all the purposes of this title, the\\nowner thereof.\\n3115. Agent may act for his principal. \u00e2\u0080\u0094The duly\\nauthorized agent of the owner or person entitled to the\\npossession of an animal, as specified in the last section,\\nmay, in his own name, answer, make any demand, or take\\nany other proceeding, which the owner or person so en\u00c2\u00ac\\ntitled may take, as prescribed in this title.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0234.jp2"}, "235": {"fulltext": "The Highway Law of New York.\\n193\\nCounty \\\\aw.\\nCOUNTY LAW.\\n12. General powers ,\u00e2\u0080\u0094The board of supervisors\\nshall:\\n7. Make such laws and regulations as they may deem\\nnecessary for the destruction of wild and noxious animals\\nfind weeds, within the county.\\n60-80 do not appiy to bridges on the Hudson River below Waterford\\nor on the East River, or on waters forming boundaries of the State.\\n01. County highivays and.* bridges .\u00e2\u0080\u0094A board of\\nsupervisors shall, on the application of twenty-five resi\u00c2\u00ac\\ndent tax-payers, when satisfied that it is for the interest of\\nthe county, lay out, open, alter, or discontinue a county\\nhighway therein, or cause the same to be done, and con\u00c2\u00ac\\nstruct, repair, or abandon a county bridge therein, or\\ncause the same to be done, when the board shall deem the\\nauthority conferred on commissioners of highways in\u00c2\u00ac\\nsufficient for that purpose, or that the interests of the\\ncounty will be promoted thereby. All expenses so in\u00c2\u00ac\\ncurred shall be a county charge. Such powers shall not be\\nexercised unless the applicants therefor shall prove to the\\nboard the service of a written notice, personally or by\\nmail, on a commissioner of highways of each town in the\\ncounty, at least twelve days prior to the presentation of\\nsuch application, specifying therein the object thereof; and\\nwhen the application is to lay out a highway, or construct\\na bridge, the route or location thereof; and in all other\\ncases, a designation of the highway or bridge to be affected\\nthereby.\\n13", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0235.jp2"}, "236": {"fulltext": "194 The Highway Law of New York.\\nj _\\nLocation and construction of bridges.\\n62. Location and construction of bridges .\u00e2\u0080\u0094The\\nboard may authorize the location, change of location and\\nconstruction of any bridge, applied for by any town or\\ntowns, jointly, or by other than a municipal corporation,\\ncreated under a general law, or by any corporation or in\u00c2\u00ac\\ndividual for private purposes; and if a public bridge,\\nerected other than by a municipal corporation, establish\\nthe rates of toll for crossing such bridge; but if such bridge\\nis to cross a navigable stream, provision shall be made in\\nthe resolution or permission authorizing the same, for the\\nerection and maintenance of a suitable draw, to prevent\\nany obstruction of the navigation of such stream; and if a\\nprivate bridge, provision shall be made that the draw shall\\nbe kept open as may be required to permit all vessels to\\npass without loss of headway. When such bridge shall\\nbe intersected by the line of counties, the action of the\\nboard of supervisors of each county shall be necessary to\\ngive the jurisdiction herein permitted. But this section\\nshall not apply to a pier bridge erected or to be erected\\nover the Mohawk river above the state dam by a cor\u00c2\u00ac\\nporation organized under the transportation corporations\\nlaw, provided such corporation shall comply with all the\\nprovisions of said transportation corporations law appli\u00c2\u00ac\\ncable thereto; such a corporation, without further proceed\u00c2\u00ac\\ning, shall have the right to erect and maintain piers in\\nsaid river for the purposes of such a bridge.\\nAmended by L. 1895, ch. 235.\\ni\\n63. County aid to towns for the construction and\\nrepair of bridges m \u00e2\u0080\u0094If the board of supervisors of any\\ncounty shall deem any town in the county to be unreason\u00c2\u00ac\\nably burdened by its expenses for the construction and re\u00c2\u00ac\\npair of its bridges, the board may cause a sum of monev.\\nDot exceeding two thousand dollars in any one year, to be", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0236.jp2"}, "237": {"fulltext": "The Highway Law of New York.\\n195\\nConstruction by county of destroyed bridges.\\nraised by the county and paid to such town to aid in de\u00c2\u00ac\\nfraying such expenses.\\n64. Construction by county of destroyed bridges.\\n\u00e2\u0080\u0094If any bridge within a county, or intersected by any\\nboundary line of a county, shall be destroyed by the ele\u00c2\u00ac\\nments, and the board of supervisors of the county shall\\ndeem that the expenses of the construction of a new bridge\\nat or near the site of the bridge so destroyed would be too\\nburdensome upon the town or towns within such county,\\nwhich would otherwise be liable therefor, the board of\\nsupervisors of any such county may provide for the con\u00c2\u00ac\\nstruction and completion of a bridge and all necessary\\napproaches thereto, at or near the site of the bridge so\\ndestroyed. If the bridge so destroyed shall have been con\u00c2\u00ac\\nstructed by a corporation created under a general law, and\\nthe site thereof, and of the approaches thereto, or either,\\nshall be the property of such corporation, such board of\\nsupervisors may purchase the interest of such corporation,\\nor any other person, in such site or approaches, if such\\npurchase can be accomplished upon reasonable terms; but\\nif such site or approaches can not be lawfully acquired by\\nsuch purchase, or otherwise, upon reasonable terms, such\\nboard may acquire title to premises on either side of such\\nsite, and provide for the construction of a bridge and\\napproaches thereto, at such place, at the expense of the\\ncounty, or of the two counties jointly, as the case may be,\\nprovided such bridge shall be so located as not to increase\\nthe distance to be traveled upon the highway to reach each\\nend of such bridge more than five rods. Any board of\\nsupervisors providing for the construction of any such\\nbridge may determine by resolution whether the expenses\\nof the maintenance and repair thereof shall thereafter be a\\ncounty charge, or a charge upon such town or towns.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0237.jp2"}, "238": {"fulltext": "196\\nThe Highway Law of New York.\\nApportionment of expenses.\\n65. Apportionment of expenses when a bridge is\\nintersected by town or county lines .\u00e2\u0080\u0094If any public\\nfree bridge, intersected by the boundary line of a county,\\nshall also be intersected by the boundary line of two or\\nmore towns in such county, the board of supervisors of\\nsuch county shall apportion as it shall deem equitable, be\u00c2\u00ac\\ntween such towns, their respective shares of the expenses\\nof the construction, maintenance and repair of such bridge,\\nand the amount to be received by each town, of the money\\nraised by the counts to be paid toward defraying the ex\u00c2\u00ac\\npenses of constructing and repairing such bridge.\\n66. County\u00e2\u0080\u0099s share of expenses to be raised and\\npaid to the commissioners of highways of the\\ntow \u00e2\u0080\u0094The boar 1 of supervisors shall cause to be raised\\nand collected the amount to be paid by the county to any\\ntown toward the expenses of a bridge and when collected\\nthe same sh ill be paid to the commissioners of highways\\nof the town, to be applied by them toward the payment of\\nsuch expenses.\\n67. May authorize a town to construct a bridge\\noutside of a boundary line .\u00e2\u0080\u0094The board of supervisors\\nof any counfy may authorize any town, on a vote of a\\nmajority of the electors thereof voting at a regular town\\nmeeting, to appropriate a sum, or pledge its credit, to aid\\nin, or wholly construct and maintain a bridge outside the\\nboundaries of the town or county, or from or within the\\nboundary line of any town into another town or county,\\nbut forming a continuation of highways leading from such\\ntown or county, and deemed necessary for the public con\u00c2\u00ac\\nvenience.\\n68. Bridges over county lines .\u00e2\u0080\u0094The board shall\\nprovide for the care, maintenance, preservation and repair", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0238.jp2"}, "239": {"fulltext": "The Highway Law of New York.\\n197\\nBridges over county lines.\\nof any draw or other bridge intersecting the boundary line\\nof counties or towns, and which bridge is by law a joint\\ncharge on such counties or towns, or on the towns in\\nwhich it is situated; and to severally apportion, as it may\\ndeem equitable, the expense thereof on the towns respec\u00c2\u00ac\\ntively liable therefor, or on the respective counties when\\nliable; but when such bridge shall span any portion of\\nthe navigable tide-waters of this state, forming, at the\\npoint of crossing, the boundary line between two counties,\\nsuch expense shall be a joint and equal charge upon the\\ntwo counties in which the bridge is situated, and the board\\nof supervisors in each of such counties shall apportion\\nsuch expense among the several towns and cities in their\\nrespective counties, or upon any or either of such towns\\nand cities, as in their judgment may seem proper; and if\\nthere be in either of said counties, a city, the boundaries\\nof which are the same as the boundaries of the county,\\nthen it shall be the duty of the common council of such\\ncity, to perform the duty hereby imposed upon the boards\\nof superivsors; but no town or city not immediately ad\u00c2\u00ac\\njacent to such waters, at the points spanned by said bridge,\\nshall be liable for a larger proportion of such expense than\\nthe taxable property of such town or city bears to the\\nwhole amount of taxable property of such county. The\\nboard of supervisors of such counties or in any city em\u00c2\u00ac\\nbracing the entire county, and having no board of super\u00c2\u00ac\\nvisors, the common council shall have full control of such\\nbridges. No such bridge shall be constructed unless the\\nboard of superivsors in each of such counties, and the com\u00c2\u00ac\\nmon council of the city whose boundaries are the same as\\nthe boundary of the other county adjacent to such waters,\\nshall first by resolution determine that such bridge is\\nnecessary for public convenience, in which case such\\ncommon council, with the consent of the mayor, may\\nauthorize the issue of bonds for the purpose of construct-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0239.jp2"}, "240": {"fulltext": "198\\nThe Highway Law of New York.\\nAuthorize towns to borrow money.\\ning such bridge, to be issued as other bonds are issued in\\nsaid city. Whenever any bridge now spanning any such\\nnavigable tide-waters or hereafter erected across any such\\nnavigable tide-waters shall be condemned by the United\\nStates authorities as an obstruction to navigation, and\\nshall be ordered removed, the county and city authorities\\nhaving charge of such bridge, if they shall determine that\\nsuch bridge shall be rebuilt, shall, as soon as practicable\\nafter such determination, cause plans to be prepared for\\nthe erection of the new bridge and the removal of any\\nbridge so condemned as aforesaid, and within a reason\u00c2\u00ac\\nable time after the approval of any such plans by the\\nUnited States authorities, the proper officers shall proceed\\nwith the construction of said new bridge. In case of any\\nunreasonable delay on the part of the officer or officers\\ncharged with the duty of construction of such new bridge,\\nsuch duty may be enforced by mandamus upon the appli\u00c2\u00ac\\ncation of any citizen interested in its performance.\\nAmended by L. 1896, ch. 995.\\n69. Authorize tow ns to borrow money .\u00e2\u0080\u0094The board\\nmay, upon the application of any town liable or to be\\nmade liable to taxation in whole or in part for construct\u00c2\u00ac\\ning, building, repairing or discontinuing any highway or\\nbridge therein or upon its borders, pursuant to a vote of\\na majority of the electors of any such town at an annual\\ntown meeting, or special town meeting, called for that\\npurpose, or upon the written request of the commissioners\\nof highways and town board of such town or towns, au\u00c2\u00ac\\nthorize such town or towns to construct, builds repair or", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0240.jp2"}, "241": {"fulltext": "The Highway Law of Hew York.\\n199\\nThe raising and expenditure of moneys.\\ndiscontinue such highway or bridge, and if such town is within\\na county adjoining a city of the first class, authorize said town to\\nbuild, construct or repair a public dock or bulkhead within its\\nboundaries and to borrow such sums of money for and on the\\ncredit of such town or towns, as may be necessary for said pur\u00c2\u00ac\\nposes, to lay out, widen, grade, discontinue or macadamize such\\nhighway, or to purchase for public use any plankroad, turnpike,\\ntollroad or tollbridge in such town or towns, and may authorize\\nthe company owning the same to sell the same, or any part\\nthereof, or the franchises thereof, or to pay any debt incurred in\\ngood faith by or in behalf of such town or towns for such pur\u00c2\u00ac\\nposes. If such highway or bridge shall be situated in two or\\nmore towns in the same county, the board shall apportion the\\nexpenses among such towns in such proportion as shall be just.\\nAmended hy L. 1894, ch. 163, L. 1896, eh. 178, and L. 1900, ch. 12.\\nYO. The raising and expenditure of moneys\\nThe board shall, from time to time, impose upon the tax\u00c2\u00ac\\nable property of such towns sufficient tax to pay such obli\u00c2\u00ac\\ngations as they shall become due. The supervisor and\\ntown clerk shall each keep a record, showing the date and\\namount of the obligations issued, the time and place of\\ntheir payment, and the rate of interest thereon. The obli-\\nigations shall be delivered to the supervisor of the town,\\nwho shall dispose of the same for not less than par, and\\npay the proceeds thereof to the commissioners of high\u00c2\u00ac\\nways of the town, or to such other officer as shall be des\u00c2\u00ac\\nignated by the board of supervisors, to be used by them\\nfor the purposes for which the same were appropriated;\\nbut not more than five hundred dollars of such proceeds\\nshall be expended upon any highway or bridge, except in\\npursuance of a contract made by a contractor with the", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0241.jp2"}, "242": {"fulltext": "200\\nThe Highway Law of New York.\\nStreets outside of city limits.\\ncommissioners of highways of the town, or other officer\\ndesignated by the board of supervisors, and approved by\\nthe town board, no member of which shall be interested\\ntherein. If such highway or bridge shall be wholly or\\npartly within the limits of an incorporated village, the con\u00c2\u00ac\\nsent of a majority of the trustees of such village shall be\\nnecessary for the action of the board of supervisors as\\nherein provided.\\n71. Streets outside of city limits When any terri\u00c2\u00ac\\ntory in a county containing an incorporated city of one\\nhundred thousand inhabitants, excepting the towns of\\nFlatbush and New Lots in the county of Kings, has been\\nmapped into streets and avenues, pursuant to law, the\\nboard of supervisors may authorize the establishment of a\\nplan for the grade of such streets and avenues, laying out,\\nopening, grading, constructing, closing and change of line\\nof any one or more of them, and provide for the assess\u00c2\u00ac\\nment on property intended to be benefited thereby, and\\nfixing assessment districts therefor, and of the levy, col\u00c2\u00ac\\nlection and payment of the amount of damages sustained\\nand the charges and expenses incurred, or which may be\\nnecessary to incur in carrying out such provisions, but\\nsuch last named power in regard to laying out, opening,\\ngrading, constructing and change of line, of such streets\\nor avenues or defraying the expenses thereof, shall only\\nbe exercised on the petition of the property owners, who\\nown more than one-half of the frontage on any such street\\nor avenue, or on a certificate of the town board and com\u00c2\u00ac\\nmissioners of highways of the town, that the same is, in\\ntheir judgment, proper and necessary for the public\\ninterest. If the streets and avenues, in respect to which\\nsuch action is proposed to be taken, shall lie in two or\\nmore towns, a like certificate shall be required of the\\ntown board and commissioners of highways of each town.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0242.jp2"}, "243": {"fulltext": "The Highway Law of New York.\\n201\\nSurvey and records of highways.\\nBefore making such certificate, such town board, or boards\\nand commissioners of highways, shall give ten days\\nnotice by publication in one of the daily papers of the\\ncounty, and by conspicuously posting in six public places\\nin each of such towns, of the time and place at which\\nthey will meet to consider the same, at which meeting the\\npublic, and all persons interested, may appear and be\\nheard in relation thereto. No such street or avenue shall\\nbe laid out, opened or constructed, upon or across any\\nlands acquired by the right of eminent domain, and held\\nin fee for depot purposes by any railroad corporation, or\\nupon or across any lands now held by a corporation formed\\nfor the purpose of improving the breed of horses, without\\nthe consent of such corporations. No town officer shall\\ncharge anything for his services under this section, nor shall\\nany charge be made against any such town or the property\\ntherein, for the expense of the publication of the notice\\nherein required.\\n72. Survey and records of highways .\u00e2\u0080\u0094The board\\nmay authorize and direct the commissioners of highways\\nof any town, to cause a survey to be made, at the expense\\nof the town, or* any or all of the highways therein, and\\nto make or complete a systematic record thereof, or to re\u00c2\u00ac\\nvise, collate and rearrange existing records of highways,\\nand correct and verify the same by new surveys and to\\nestablish the location of highways by suitable monuments.\\nSuch records so made, or revised, corrected and verified\\nshall be deposited with the town clerk of the town, and\\nshall thereafter be the lawful records of the highways\\nwhich they describe; but shall not affect rights pending in\\nany judicial proceeding commenced before the deposit of\\nsuch revised records with the town clerk.\\nSo in the original.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0243.jp2"}, "244": {"fulltext": "202\\nThe Highway Law oe New York.\\nRegulation of toll rates.\\n73. Regidation of toll rates .\u00e2\u0080\u0094Such boards shall\\nhave power, by a vote of two-thirds of all the members\\nelected to authorize an alteration, reduction or change of\\nthe rates of toll charged or received by any turnpike,\\nplank or gravel road, or other toll road within such county,\\nor by any bridge company or ferry within such county, or,\\nif within more than one county, then by joint action with\\nthe supervisors of such counties, provided such alteration\\nshall be asked for by the directors, trustees or owners of\\nsuch road, bridge or ferry; but that no increase of toll shall\\nbe so authorized unless notice of intention to apply for\\nsuch increase shall have been published in each of the\\nnewspapers published in such county, once in each week\\nfor six successive weeks next before the annual election of\\nsupervisors in such county; and any alteration in rates of\\ntoll authorized by any board of supervisors may be changed\\nor modified by any subsequent board, on their own motion,\\nby alike vote of two-thirds of all the members elected to\\nsuch board; but nothing herein contained shall affect or\\nabridge the powers of any city.\\n74. Highways in counties of more than 300,000\\nacres of unimproved land .\u00e2\u0080\u0094The board may establish\\nseparate highway districts in counties containing more\\nthan three hundred thousand acres of unimproved unoccu\u00c2\u00ac\\npied forest lands, for the purpose of constructing highways\\nthrough such lands; such highway districts to be estab\u00c2\u00ac\\nlished upon the application of the owners of more than one-\\nhalf of the non-resident lands therein. Any such highway\\ndistrict shall consist of contiguous tracts or parcels of land,\\nand may include parts of one of* more towns; and they\\nmay be changed, altered or abolished at any time by the\\nboard. Such board may appoint one or more commission-\\nSo in the original.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0244.jp2"}, "245": {"fulltext": "The Highway Law of New York.\\n203\\nAppropriation of non-resident taxes.\\ners to lay out and construct such highways in any such\\ndistrict, and prescribe the powers and duties, and direct\\nthe manner in which highway taxes shall be assessed,\\nlevied and collected upon the lands within the district, and\\nthe manner of expenditure thereof.\\nThey may also authorize such commissioners to borrow\\nmoney on such terms as they may deem just, but not ex\u00c2\u00ac\\nceeding the amount of ten years\u00e2\u0080\u0099 highway taxes upon such\\nlands; and may, for the purpose of repaying such loan,\\nset apart and appropriate the highway taxes upon such\\nlands, for a period not exceeding ten years from the time\\nof making such loan.\\n75. Appropriation of certain non-resident high\u00c2\u00ac\\nway taxes .\u00e2\u0080\u0094The board may, upon the application of the\\nowners representing a majority in value, as shall be ascer\u00c2\u00ac\\ntained from the last annual assessment-roll of the real\\nestate lying along the line of any highway, laid out\\nthrough unimproved lands, in the cases not provided for\\nin the last preceding section authorize the appropriation\\nof the non-resident highway tax on the lands lying along\\nsuch line, for the improvement of such highways.\\n76. Balance of state appropriations.\u00e2\u0080\u0094The board\\nmay direct the expenditure of any non-resident highway\\nor bridge tax, set apart by an act of the legislature, in\\ncounties wherein such non-resident lands are situated,\\nwhen the official life of commissioners appointed to receive\\nand expend such taxes has expired.\\n77. Alteration of state roads .\u00e2\u0080\u0094The board may\\nauthorize the commissioners of highways of any town in\\ntheir county to alter or discontinue any road or highway\\ntherein, which shall have been laid out by the state under", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0245.jp2"}, "246": {"fulltext": "204\\nThe Highway Law of Hew York.\\nPowers in certain counties.\\nthe same conditions that would govern their actions in\\nrelation to highways that have been laid out by local\\nauthorities.\\n78. Farther powers .\u00e2\u0080\u0094The board may make such\\nother local and private laws and regulations concerning\\nhighways, alleys, bridges and ferries within the county,\\nand the assessment and apportionment of highway labor\\nor taxes therefor, not inconsistent with law, as it may\\ndeem necessary and proper, when the purposes of such laws\\nand regulations can not be accomplished under the fore\u00c2\u00ac\\ngoing provisions, or general laws of the state.\\n79. Powers as to tires on vehicles .\u00e2\u0080\u0094The board of\\nsupervisors may enact local and private laws regulating\\nthe width of tires used on vehicles built to carry a weight\\nof fifteen hundred pounds or upwards, and may provide\\npenalties for the violation thereof.\\nAdded by L. 1894, ch. 644, and amended by L. 1899, ch. 155, taking effect\\nMarch 28, 1899.\\n80. Boards of supervisors shall have power to provide\\nfor the use of abandoned turnpike, plank or macadamized\\nroads within any town as public highways; but jurisdic\u00c2\u00ac\\ntion in such a case shall not be exercised without the assent\\nof two-thirds of all the members elected to such board, to\\nbe determined by yeas and nays, which shall bo entered\\non its minutes.\\nAdded by L. 1895, ch. 750,", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0246.jp2"}, "247": {"fulltext": "The Highway Law of New York.\\n205\\nTown law.\\nTOWN LAW.\\n12. Election of officers .\u00e2\u0080\u0094There shall be elected at\\nthe biennial town meeting in each town by ballot,\\none, or three commissioners of highways,\\nAt town meetings held at the same time as general\\nelections, the names of all candidates for town offices\\nshall be voted for in the same manner and on the same\\nballot as candidates for other offices voted for thereat. At\\nsuch town meetings no person shall be allowed to vote for\\ncandidates for town offices who is not registered and\\nentitled to vote at such general election.\\nAmended by L. 1893, ch. 344, by L. 1897, ch. 481, and by L. 1898, ch. 363.\\nSee L. 1898, ch. 474, post, as to the election of highway commissioners\\nin the years 1898, 1899, 1900 and thereafter.\\n13. Term of office commissioners of\\nhighways, when elected, shall hold their\\nrespective offices for two years. But whenever there\\nis or shall be a change in the time of holding town\\nmeetings in any town, persons elected to such offices\\nat the next biennial town meeting after such change\\nshall take effect, shall enter upon the discharge of\\ntheir duties at the expiration of the term of their prede\u00c2\u00ac\\ncessors, and serve until the next biennial town meeting\\nthereafter or until their successors are elected and have\\nqualified. Whenever the time for holding town meetings\\nin any town is changed to the first Tuesday after the first\\nMonday in November, the town officers elected thereat\\nshall take office on the first day of January succeeding\\ntheir election.\\nAmended by L. 1893, ch. 344, by U 1897, ch. 481, and by L. 1898, oh. 363.\\n15. Commissioners of highways .\u00e2\u0080\u0094The electors of\\neach town may, at their biennial town meetings, deter-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0247.jp2"}, "248": {"fulltext": "206\\nThe Highway Law of New York.\\nFence viewers.\\nmine by ballot whether there shall be elected in their town\\none or three commissioners of highways. Whenever any\\ntown shall have determined upon having three commis\u00c2\u00ac\\nsioners of highways and shall desire to have but one, the\\nelectors thereof may do so by a vote by ballot taken at a\\nbiennial town meeting, and when such proposition shall\\nhave been adopted no other commissioner shall be elected\\nor appointed until the term or terms of those in office at\\nthe time of adopting the proposition shall expire or become\\nvacant; and they may act until their terras shall severally\\nexpire or become vacant as fully as if three continued in\\noffice. When there shall be but one commissioner of high\u00c2\u00ac\\nways in any town, he shall possess all the powers and dis\u00c2\u00ac\\ncharge all the duties of commissioners of highways as pre\u00c2\u00ac\\nscribed by law.\\nAmended by L. 1895, ch. 239, and by L. 1897, ch. 481.\\n21. Fence viewers The assessors and commis\u00c2\u00ac\\nsioners of highways elected in every town shall, by virtue\\nof their offices, be fence viewers of their town.\\nRenumbered by L. 1897, ch. 481.\\n22. Powers of biennial town meetings The\\nelectors of each town may, at their biennial town meeting:\\n5. Make provisions and allow rewards for the destruc\u00c2\u00ac\\ntion of noxious weeds and animals, as they may deem\\nnecessary, and raise money therefor.\\nAmended by L. 1897, ch. 481.\\n23. Special town meetings .\u00e2\u0080\u0094Special town meetings\\nshall also be held whenever twenty-five taxpayers upon\\nthe last town assessment-roll shall, by written application\\naddressed to the town clerk require a special town meeting\\nto be called, for the purpose of raising money for the sup\u00c2\u00ac\\nport of the poor; or to vote upon the question of raising and", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0248.jp2"}, "249": {"fulltext": "The Highway Law op New York.\\n207\\nElectors in incorporated village not to vote on highway questions.\\nappropriating money for the construction and maintenance\\nof any bridges which the town may be authorized by law\\nto erect or maintain; or for the purpose of determining in\\nregard to the prosecution or defense of actions, or the\\nraising of money therefor; or to vote upon any proposition\\nwhich might have been determined by the electors of the\\ntown at the last annual town meeting, but was not acted\\nupon thereat; or to vote upon or determine any question,\\nproposition or resolution which may lawfully be voted upon\\nor determined at a special town meeting. Special town\\nmeetings may also be held upon the like application of\\nthe supervisor, commissioners of highways, or overseers\\nof the poor, to determine questions pertaining to their\\nrepsective duties as such officers, and which the electors of\\na town have a right to determine. An application and\\nnotice heretofore made and given for a special town meet\u00c2\u00ac\\ning to be hereafter held for a purpose not heretofore\\nauthorized by law, but now authorized by law, shall be as\\nvalid and of the same force and effect as if such purpose\\nhad been authorized by law at the time of such application\\nand notice.\\nAmended by L. 1894, ch. 280.\\n36. balloting; electors in incorporated village\\nwhen not to vote on highway questions .\u00e2\u0080\u0094When the\\nelectors vote by ballot, except in towns where the\\nbiennial town meetings are held at the time of gen\u00c2\u00ac\\neral elections, all the officers voted for shall be named\\nin one ballot, which shall contain written or printed,\\nor partly written or partly printed, the names of the per\u00c2\u00ac\\nsons voted for, and the offices to which such persons are\\nintending to be elected, and shall be delivered to the pre\u00c2\u00ac\\nsiding officers so folded as to conceal the contents, and\\nshall be deposited by such officers in a box to be con\u00c2\u00ac\\nstructed, kept and disposed of, as near as may be, in the", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0249.jp2"}, "250": {"fulltext": "208\\nThe Highway Law of New York.\\nOath of office.\\nmanner prescribed in the general election law. When any\\ntown shall have within its limits an incorporated village,\\nconstituting a separate road district, exempt from the\\nsupervision and control of the commissioners of highways\\nof the town, and from payment of any tax for the salary\\nor fees of said commissioners, and from payment of any\\ntax for the opening, erection, maintenance and repair of\\nany highway or bridge of said town, without the limits of\\nsaid village, no residents of such village shall vote at\\nany biennial or special election in such town for any com\u00c2\u00ac\\nmissioner of highways for said town, nor for or against\\nany appropriation for the opening, laying out, mainten\u00c2\u00ac\\nance, erection or repair of any highway or bridge in said\\ntown, without the limits of said village. At the biennial\\nelections in such towns, the names of candidates for the\\noffice of highway commissioner shall be printed on a\\ndifferent ballot from the one containing the names of candi\u00c2\u00ac\\ndates for other town offices. Such ballots shall be in\u00c2\u00ac\\ndorsed \u00e2\u0080\u009ccommissioner of highways,\u00e2\u0080\u009d and shall be de\u00c2\u00ac\\nposited, when voted, in a separate ballot box, which also\\nshall be marked \u00e2\u0080\u009ccommissioner of highways.\u00e2\u0080\u009d Such bal\u00c2\u00ac\\nlots and ballot box shall be furnished by the officers now\\ncharged by law with that duty at town elections. A poll\\nlist shall be kept by the clerk of the meeting on which\\nshall be entered the name of each person voting by ballot.\\nAmended by L. 1895, ch. 262, by L. 1897, ch. 481, and by L. 1898, ch.\\n362.\\n51. Oath of office .\u00e2\u0080\u0094Every person elected or ap\u00c2\u00ac\\npointed to any town office, except justice of the peace,\\nshall before he enters on the duties of his office, and\\nwithin ten days after he shall be notified of his election or\\nappointment, take and subscribe before some officer\\nauthorized by law to administer oaths in his county, the\\nconstitutional oath of office, and such other oath as may\\nbe required by law, which shall be administered and certi-", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0250.jp2"}, "251": {"fulltext": "The Highway Law of New York.\\n209\\nRefusal to serve as overseer of highways.\\nfied by the officer taking the same without reward, and\\nshall within eight days be filed in the office of the town\\nclerk, which shall be deemed an acceptance of the office;\\nand a neglect or omission to take and file such oath, or\\na neglect to execute and file, within the time required by\\nlaw, any official bond or undertaking, shall be deemed a\\nrefusal to serve, and the office may be filled as in case of\\nvacancy.\\n55. Refusal to serve as overseer of highways or\\npound-master .\u00e2\u0080\u0094If any person chosen or appointed to\\nthe office of overseer of highways or pound-master shall\\nrefuse to serve, he shall forfeit to the town the sum of ten\\ndollars.\\n56. Town officers to administer* oaths .\u00e2\u0080\u0094Any town\\nofficer may administer any necessary oath in any matter or\\nproceeding lawfully before him, or to any paper to be\\nfiled with him as such officer.\\n63. Undertaking of commissioner of highways.\\n_Every commissioner of highways shall, within ten days\\nafter notice of his election or appointment, execute an\\nundertaking with two or more sureties, to be approved by\\nthe supervisor of his town, to the effect that he will faith\u00c2\u00ac\\nfully discharge his duties as such commissioner, and\\nwithin ten days after the expiration of his term of office,\\npay over to his successor all moneys remaining in his hands\\nas such commissioner, and render to such successor a true\\naccount of all moneys received and paid out by him as\\nsuch commissioner, which undertaking shall be delivered\\nto the supervisor, and filed by him in the office of the\\ntown clerk within ten days thereafter.\\n14", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0251.jp2"}, "252": {"fulltext": "210\\nThe Highway Law of New York.\\nResignation of town officers.\\n64. Resignation of town officers .\u00e2\u0080\u0094Any three jus\u00c2\u00ac\\ntices of the peace of a town may, for sufficient cause shown\\nto them accept the resignation of any town officer of their\\ntown; and whenever they shall accept any such resigna\u00c2\u00ac\\ntion, they shall forthwith give notice thereof to the town\\nclerk of the town.\\n65. Filling of vacancies .\u00e2\u0080\u0094When a vacancy shall\\noccur or exist in any town office, the town board or a\\nmajority of them may, by an instrument under their\\nhands and seals, appoint a suitable person to fill the\\nvacancy, and the person appointed, except justices of the\\npeace, shall hold the office until the next biennial town\\nmeeting. The board making the appointment\\nshall cause the same to be forthwith filed in the office of\\nthe town clerk, who shall forthwith give notice to the\\nperson appoined.\\n66. Form of undertaking, and liability thereon\\n\u00e2\u0080\u0094Every undertaking of a town officer, as provided by this\\nchapter or otherwise, must be executed by such officer\\nand his sureties and acknowledged or proven and certi\u00c2\u00ac\\nfied in like manner as deeds to be recorded, and the ap\u00c2\u00ac\\nproval indorsed thereon. The parties executing such\\nundertaking shall be jointly and severally liable, regard\u00c2\u00ac\\nless of its form in that respect, for the damages to any\\nperson or party by reason of a breach of its terms.\\nSO. General duties of supervisor .\u00e2\u0080\u0094The supervisor\\nof each town shall:\\n1. Eeceive and pay over all moneys raised therein for\\ndefraying town charges, except those raised for the sup\u00c2\u00ac\\nport of highways and bridges, and of the poor.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0252.jp2"}, "253": {"fulltext": "The Highway Law of New York.\\n211\\nFires in woods.\\n82. Fires in woods *\u00e2\u0080\u0094Whenever the woods in any\\ntown shall be on fire, it shall be the duty of the justices of\\nthe peace, the supervisor and commissioners of highways\\nof such town, and of each of them, to order such and so\\nmany of the inhabitants of such town liable to work on\\nthe highways, and residing in the vicinity of the fire, as\\nthey shall severally deem necessary, to repair to the place\\nwhere such fire shall prevail, and there to asisst in extin\u00c2\u00ac\\nguishing the same, or in stopping its progress.\\n84. Delivery of books and papers by outgoing\\nofficer to successor .\u00e2\u0080\u0094Whenever the term of office of any\\nsupervisor, town clerk, commissioner of highways or over\u00c2\u00ac\\nseer of the poor shall expire, or when either of such officers\\nshall resign, and another person shall be elected or ap\u00c2\u00ac\\npointed to the office, the succeeding officer shall, immedi\u00c2\u00ac\\nately after he shall have entered on the duties of his office,\\ndemand of his predecessor all the records, books and\\npapers under his control belonging to such office. Every\\nperson so going out of office, whenever so required, shall\\ndeliver upon oath to his successor all the records, books\\nand papers in his possession or under his control belonging\\nto the office held by him, which oath may be administered\\nby the officer to whom such delivery shall be made, and\\nshall, at the same time pay over to his successor the\\nmoneys belonging to the town remaining in his hands. If\\nany such officers shall have died, the successors or successor\\nof such officer shall make such demand of the executors or\\nadministrators of such deceased officer, and such execu\u00c2\u00ac\\ntors or administrators shall deliver, upon the like oath, all\\nrecords, books and papers in their possession, or under\\ntheir control, belonging to the office held by their testator\\nor intestate. If any person so going out of office, or his\\nexecutors or administrators, shall refuse or neglect, when\\nlawfully required, to deliver such records, books or papers,", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0253.jp2"}, "254": {"fulltext": "212\\nThe Highway Law of New Yokk.\\nMeeting of town board for receiving accounts.\\nhe shall forfeit to the town, for every such refusal or\\nneglect, the sum of two hundred and fifty dollars; and\\nofficers entitled to demand such records, books and papers\\nmay compel the delivery thereof in the manner prescribed\\nby law.\\n161. Meeting of town board for receiving ac\u00c2\u00ac\\ncounts of town officers .\u00e2\u0080\u0094At the meeting of the town\\nboard held on the Tuesday preceding the biennial town\\nmeeting and on the corresponding date in each alternate\\nyear, or on the third Tuesday of December in each year,\\nall town officers who receive or disburse any moneys\\nof the town, shall account with the board for all such\\nmoneys received and disbursed by them by virtue of their\\noffice, but no member of the board shall sit as a member\\nof the board when any account in which he is interested\\nis being audited by the board. The board shall make a\\nstatement of such accounts, and append thereto a certifi\u00c2\u00ac\\ncate, signed by at least a majority of them, showing the\\nstate of the accounts of each officer at the date of the cer\u00c2\u00ac\\ntificate, which statement and certificate shall be filed with\\nthe town clerk of the town, and be open to public inspec-\\ntion during the office hours of such town clerk.\\nAmended by L. 1897, ch. 481, and by L. 1898. ch. 363.\\n171. Town fire companies .\u00e2\u0080\u0094The town board of any\\ntown may appoint in writing, any number of inhabitants\\nof their town, which they may deem necessary, to be a\\nfire company for the extinguishment of fires in their town;\\nbut no such company, as herein provided, shall be formed\\nin any incorporated city or village. Each fire company,\\nthus formed, shall choose a captain and clerk thereof,\\nand may establish such by-laws and regulations as may be\\nnecessary to enforce the performance, by such firemen, of\\ntheir duty, and may impose such penalties, not exceeding\\nfive dollars for each offense, as may be necessary for that", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0254.jp2"}, "255": {"fulltext": "The Highway Law of New York.\\n213\\nTown fire companies.\\npurpose. Such penalties may be collected by and in the\\nname of the captains, in any court having cognizance\\nthereof, and, when collected, shall be expended by the\\ncompanies for the repair and preservation of their engines\\nand apparatus. All vacancies which may, at any time,\\nhappen in such companies by death, resignation or\\notherwise, shall, from time to time, be filled by the town\\nboard. The electors of any highway district, in which\\nany town fire company shall have their headquarters, at a\\nspecial meeting lawfully called by the town clerk, who is\\nhereby authorized to call such special meeting may vote,\\nby ballot, a sum of money, not exceeding four thousand\\ndollars, for the purchase of a fire engine and apparatus,\\nand for the purchase or lease of suitable buildings and\\ngrounds for keeping and storing such fire engine and\\napparatus and other property of said highway district.\\nAnd whenever said electors shall so vote said money for\\nthe purchase of a fire engine and apparatus and for the\\npurchase or lease of suitable buildings and grounds for\\nkeeping and storing such fire engine and apparatus and\\nother property of said highway district, the commissioners\\nof highways may, with the written consent and approval\\nof the town board, contract for and purchase for such dis\u00c2\u00ac\\ntrict a good and sufficient fire engine and apparatus, and\\nmay contract for and purchase or lease for such district,\\nsuitable buildings and grounds for keeping and storing\\nsuch fire engine and apparatus, and other property of said\\ndistrict, at a price not to exceed the sum so voted, which\\nengine and apparatus and buildings and grounds shall be\\nthe property of said highway district, but may be used and\\ncared for by such fire company. The purchase-price of\\nsaid fire engine and apparatus and buildings and grounds\\nshall be assessed and levied upon the property of said dis\u00c2\u00ac\\ntrict and collected in the same manner as other town\\ncharges are assessed, levied and collected, except that the", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0255.jp2"}, "256": {"fulltext": "214\\nThe Highway Law of New York.\\nCompensation of town officers.\\namount thereof shall be put in a separate column upon the\\ntax-roll, and the board of supervisors of the county shall\\ncause the sum, as certified by the town board, to be levied\\nupon the taxable property of such highway district.\\nAmended by L. 1891, ch. 254, and by L. 1894, ch. 201.\\n178. Compensation of town officers .\u00e2\u0080\u0094Town officers\\nshall be entitled to compensation at the following rates for\\neach day actually and necessarily devoted by them to the\\nservice of the town in the duties of their repective offices,\\nwhen no fee is allowed by law for the service, as follows:\\n1. The supervisor, except when attending the board of\\nsupervisors, town clerks, assessors, commissioners of\\nhighways, justices of the peace and overseers of the poor,\\neach, two dollars per day.\\n2. If a different rate is not otherwise established as herein\\nprovided, each inspector of election, ballot clerk and poll\\nclerk is entitled to two dollars per day; but the board of\\nsupervisors may establish in their county a higher rate, not\\nexceeding six dollars per day.\\nAmended by L. 1897, ch. 252.\\n180, sub. S.\\n8. Every sum allowed by the highway commissioners of\\na town in which the highways are worked and repaired by\\nthe money system of taxation in abatement of highway\\ntaxes for the maintenance of watering troughs [is a charge\\nupon the town.\u00e2\u0080\u0094E d.]\\nAdded by L. 1897, ch. 227.\\n184. Whenever a towu meeting shall vote a special\\nappropriation of money in the sum of five hundred dollars\\nor more, or an appropriation for highway purposes or for\\nthe support of the poor during the current year, to be\\nlevied upon the taxable property of the town, the town", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0256.jp2"}, "257": {"fulltext": "The Highway Law of New York.\\n215\\nKings county.\\nboard shall have power to borrow the sum so appropriated\\nupon the faith and credit of the town, and to issue there\u00c2\u00ac\\nfor a certificate or certificates of .indebtedness, bearing\\ninterest and payable at such date or dates as may be fixed\\nby said board, and the proceeds of such loan shall be\\nplaced to the credit of the public officers charged by law\\nwith the expenditure of said moneys. A statement of the\\namount maturing on such certificate of indebtedness shall\\nbe certified by the town board at its second meeting and\\ndelivered to the supervisor of the town, to be by him pre\u00c2\u00ac\\nsented to the board of supervisors of his county at its\\nannual meeting, and the said board of supervisors shall\\ncause the amount specified in such certified statement to\\nbe levied and raised upon the taxable property of the town\\nin the same manner as they are directed to levy and raise\\nother town charges.\\nAdded by L. 1897, ch. 84.\\nThe following sections are applicable only to Kings\\ncounty:\\n220. Town officers .\u00e2\u0080\u0094The town officers of each town\\nin counties containing six hundred thousand or more in\u00c2\u00ac\\nhabitants, as determined by the last preceding federal or\\nstate enumeration of the inhabitants taken prior to any\\nelection of town officers, shall be one or three\\ncommissioners of highways,\\nAmended by L. 1893, ch. 61, and by L. 1893, ch. 387.\\n221. Election of officers.\u00e2\u0080\u0094The said town officers\\nshall be elected by ballot by the electors of each town at\\nthe annual town meeting held next preceding the general\\nelection at which they would have been elected under the\\npresent existing laws,\\nAmended by L. 1893, ch. 387.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0257.jp2"}, "258": {"fulltext": "216\\nThe Highway Law of New York.\\nTerm of office.\\n222. Term of office ,\u00e2\u0080\u0094The supervisor shall hold\\noffice for the term of two years; the town clerk, assessors,\\ncommissioners of highways, commissioners of excise and\\ntown auditors, each for the term of three years;\\nWhen three or more incumbents are required for any one\\nof said offices, the term of which is three or more years,\\none candidate shall be elected for the regular or full term\\nin each year.\\nAmended by L. 1893, cli. 387.\\n225. j Fall terms and vacancies ,\u00e2\u0080\u0094When more than\\none justice of the peace, assessor, commissioner of excise,\\ncommissioner of highways, town auditor or constable are\\nto be chosen in any of said towns, each elector shall desig\u00c2\u00ac\\nnate upon his ballot the person intended for the full term\\nand for a vacancy, and if there are two or more vacancies\\nthey shall be designated as the longer and the shorter, or\\nthe longer, shorter and shortest vacancy, as the case may\\nbe, and each person having the greatest number of votes\\nwith reference to each designation shall be deemed duly\\nelected for the term or vacancy designated.\\nAmended by L. 1893, cli. 387.\\n228. Fiscal year; meeting of town boards ,\u00e2\u0080\u0094The\\nfiscal year in such towns shall begin on the first day of\\nJanuary and terminate on the thirty-first day of December.\\nThe board of town auditors shall meet annually for the\\npurpose of auditing the accounts of town officers at the\\noffice of the town clerk on the thirtieth day of December,\\nat two o\u00e2\u0080\u0099clock in the afternoon, except when the same\\nshall occur on Sunday, in which case such meeting shall\\nbe held on the twenty-ninth; and all town officers or\\nboards of town officers who receive or disburse any moneys", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0258.jp2"}, "259": {"fulltext": "The Highway Law of New York.\\n217\\nResignations.\\nbelonging to the town shall account for the same, under\\noath, to said board, annually, at such meeting.\\nAmended by L. 1893, ch. 387.\\n232. Resignations .\u00e2\u0080\u0094The supervisor and justices of\\nthe peace of each town or a majority of them may accept\\nthe resignation of any town officer, and make appointments\\nto fill vacancies that may be occasioned tliereb} 7 or by\\ndeath, removal from town, refusal to serve, failure to\\nqualify or otherwise, and shall file the certificates thereof\\nin the office of the town clerk.\\nAmended by L. 1893, ch. 387.\\n233. Vacancies .\u00e2\u0080\u0094The persons who may be appointed\\nto fill vacancies in town offices shall serve until the second\\nday following the next annual town meeting, or until their\\nsuccessors shall be duly elected and qualified;\\nPersons who may be elected to fill vacancies in town offices\\nshall serve during the remainder of the unexpired term.\\nAdded by^L. 1893, ch. 387.\\n234. Official oath and undertaking .\u00e2\u0080\u0094Each of said\\ntown officers, except justices of the peace and inspectors\\nof election, shall, before the commencement of the term\\nfor which they were elected or appointed, or if appointed\\nto fill vacancies, within ten days after their appointment,\\nseverally take the constitutional oath of office, and file the\\nsame in the office of the town clerk, and also, within the\\nsame time, file therein the undertakings, if any, which are\\nrequired to be given by them for the faithful discharge of\\ntheir duties. If such officers shall fail,\\nneglect, refuse or omit to comply with the provisions of\\nthis section, a vacancy shall thereupon be created, which\\nshall be filled by appointment in the manner prescribed\\nby this article;\\nAdded by L. 1893, ch. 387.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0259.jp2"}, "260": {"fulltext": "218\\nThe Highway Law of New York.\\nVillage Law.\\nVILLAGE LAW.\\n226. Water pipes in highways outside of village.\\n\u00e2\u0080\u0094The board of water commissioners of a village may cause\\nwater pipes to be laid, relaid or repaired under any public\\nhighway in a county in which any part of such village is\\nsituated, or in any adjoining county, for the purpose of\\nintroducing water into and through the village; and shall\\ncause the surface of such highway to be restored to its\\nusual condition.\\nARTICLE V.\\nStreets, Sidewalks and Public Grounds.\\nSection 140. Definitions.\\n141. Separate highway district.\\n142. Care of bridges.\\n143. When village may construct or repair bridges.\\n144. Dedication of streets.\\n145. Petition for street improvement.\\n146. Notice of meeting of board to consider petition.\\n147. Meeting and determination of board.\\n148. Effect of determination.\\n149. Application for commissioners notice of application\\n150. Appointment of commissioners.\\n151. Notice of meeting of commissioners.\\n152. Meeting and award of commissioners.\\n153. Appeal from award of commissioners.\\n154. Return by clerk.\\n155. Hearing of the appeal.\\n156. Compensation of commissioners.\\n157. Costs on appeal.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0260.jp2"}, "261": {"fulltext": "The Highway Law of New York.\\n219\\nStreets, sidewalks and public grounds.\\nSection 158. Payment for property acquired for street improvements.\\n159. Changing grade of street or bridge.\\n160. Streets on boundary lines.\\n161. Crosswalks and sidewalks.\\n162. Credit for flagging sidewalks.\\n163. Snow and ice on sidewalks.\\n164. Cleaning streets.\\n165. Sprinkling streets.\\n166. Pavements.\\n167. Trimming trees.\\n168. Local assessments under this article,\\n169. Acquisition of lands for parks and squares.\\nSection 140. Definitions \u00e2\u0080\u00a2\u00e2\u0080\u0094The term \u00e2\u0080\u009cstreet\u00e2\u0080\u009d as used\\nin this chapter also includes a highway, road, avenue,\\nlane or alley which the public have the right to use; and\\nthe term \u00e2\u0080\u009cpavement\u00e2\u0080\u009d includes a macadam, telford,\\nasphalt, brick or other similarly improved roadbed, and\\nis only applied to the portion of the street between the\\nsidewalks or established curb lines.\\n141. Separate highivay district ,\u00e2\u0080\u0094The streets and\\npublic grounds of a village, except as provided in the\\nnext section, are under the exclusive control and supervi\u00c2\u00ac\\nsion of the board of trustees. The board of trustees may\\nexpend a portion of the street fund upon outside highways\\nconnecting with the village streets.\\n142. Care of bridges ,\u00e2\u0080\u0094If at the time this chapter\\ntakes effect, the board of trustees of a village has the\\nsupervision and control of a bridge therein, it shall con\u00c2\u00ac\\ntinue to exercise such control under this chapter. In any\\nother case, every public bridge within a village, shall be\\nunder the control of the commissioners of highways of the\\ntown in which the bridge is wholly or partly situated, or", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0261.jp2"}, "262": {"fulltext": "220\\nThe Highway Law of New York.\\nDedication of streets.\\nsuch other officer as may be designated by special law, and\\nthe expense of constructing and repairing such bridge and\\nthe approaches thereto is a town charge, unless the village\\nassumes the whole or part of such expense.\\n143. When village may construct or repair\\nbridges .\u00e2\u0080\u0094A village may assume the control, care and\\nmaintenance of a bridge or bridges wholly within its\\nboundaries, upon the adoption of a proposition therefor,\\nat a village election; or a proposition may be adopted\\nauthorizing the board of trustees to enter into an agree\u00c2\u00ac\\nment with the commissioners of highways of a town, in\\nwhich any part of such village is situated, to construct or\\nrepair a bridge in any part of the village included in such\\ntown, at the joint expense of the village and town, which\\nagreement shall fix the portion to be paid by each.\\n144. j Dedication of streets .\u00e2\u0080\u0094An owner of land in\\na village who has laid out a street thereon may dedicate\\nsuch street, or any part thereof, or an easement therein, to\\nthe village for a public street, or an owner may dedicate\\nfor such purpose land not laid out as a street. Upon an\\noffer in writing by the owner to make such a dedication,\\nthe board of trustees shall meet to consider the matter;\\nand it may, by resolution, determine to accept a dedication\\nof the whole or any part of the land described in such\\noffer, or of the whole or any part of such street, to be\\ndescribed in such resolution. Upon the adoption of such\\na resolution the owner may execute and deliver to the\\nvillage clerk a proper conveyance of the land to be dedi\u00c2\u00ac\\ncated. The board of trustees may, by resolution, accept\\nthe conveyance, and a certified copy of such resolution,\\ntogether with the conveyance, shall thereupon be recorded\\nin the office of the county clerk. Upon the acceptance of", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0262.jp2"}, "263": {"fulltext": "The Highway Law of New York.\\n221\\nPetition for street improvement.\\nthe conveyance the land described therein shall become\\nand be a public street of the village. No street less than\\ntwo rods in width shall be accepted by dedication. All\\noffers of dedication must be entered at length in the min\u00c2\u00ac\\nutes of the board of trustees.\\n145. Petition for street improvement, \u00e2\u0080\u0094Five resi\u00c2\u00ac\\ndent freeholders may present to the board of trustees a\\npetition for laying out, altering, widening, narrowing or\\ndiscontinuing a street in the village The petition must\\nbe addressed to the board of trustees, and must contain a\\nstatement of the following facts:\\n1. The names and residences of the petitioners.\\n2. If the petition be for the laying out of a street, the\\ngeneral course thereof, and a description of the land to be\\ntaken.\\n3. If the petition be for the alteration of a street, its\\nname, the proposed alteration, and a description of the\\nland, if any, to be taken.\\n4. If the petition be for the widening of a street, its\\nname and a description of the land to be taken.\\n5. If the petition be for the narrowing of a street, its\\nname, its proposed width after such alteration, and the\\nmanner in which such narrowing is to be effected.\\n6. If the petition be for the discontinuance of a street,\\nits name and the part proposed to be discontinued.\\n7. If the petition be for the laying out, alteration or\\nwidening of a street, the names and residences of the\\nowners of all land to be taken.\\n8. If the petition be for the narrowing or discontinuance\\nof a street, the names and residences of the owners of\\nadjoining lands effected.\\n146. Notice of meeting of board to consider pe\u00c2\u00ac\\ntition, \u00e2\u0080\u0094Upon the presentation of the petition the board", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0263.jp2"}, "264": {"fulltext": "222\\nThe Highway Law of New York.\\nNotice of meeting of board.\\nshall immediately give notice that it will meet at a speci\u00c2\u00ac\\nfied time and place, not less than ten nor more than twenty\\ndays from the date of such notice, to consider the petition.\\nThe notice must state the general object of the petition,\\nand if it be for the laying out of a street, a general descrip\u00c2\u00ac\\ntion of its proposed course, and in any other case, the\\nname of the street proposed to be changed or discontinued.\\nThe notice must be served upon the following persons,\\nunless such service be waived by them in writing:\\n1. If the petition be for the laying out of a street, upon\\neach owner of land to be taken.\\n2. If the petition be for the alteration or widening of a\\nstreet, upon each owner of land, if any, to be taken, and\\nupon each owner of land adjoining the part of the street\\naffected.\\n3. If the petition be for the narrowing of a street, upon\\neach owner of land adjoining the part of the street\\naffected.\\n4. If the petition be for the discontinuance of a street,\\nupon each owner of land adjoining the part of the street-\\nproposed to be discontinued, and also upon the owner of\\nland otherwise affected by the proposed discontinuance.\\nIf a person other than the owner is in possession of such\\nland, notice must also be served upon him. Such notice\\nshall also be published in each newspaper in the village,\\nand posted in five conspicuous places therein. The notice\\nmust be served, posted and published at least ten davs\\nbefore the hearing.\\n147. Meeting and determination of hoard The\\nboard shall meet at the time and place specified in the\\nnotice to consider the petition and also any objections\\nthereto. A person affected by the proposed improvement,\\nand upon whom notice has not been served, may appear\\nupon the hearing. A voluntary general appearance of", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0264.jp2"}, "265": {"fulltext": "The Highway Law of New York.\\n223\\nApplication for commissioners.\\nsuch a person is equivalent to personal service of the notice\\nupon him. The board may adjourn the hearing and must\\ndetermine the matter within twenty days from the date\\nfixed for such hearing. If the board determine to grant\\nthe petition an order must be entered in its minutes con\u00c2\u00ac\\ntaining a description of the land, if any, to be taken.\\n148. Effect of determination .\u00e2\u0080\u0094The determination\\nby the board has the following effect:\\n1. If the petition for the laying out, alteration or\\nwidening of a street be granted, the board of trustees may\\nacquire the land for such improvement by purchase or by\\nproceedings under this article. But no street shall be laid\\nout through a building or any fixtures or erections for the\\npurposes of trade or manufacture, or any yard or enclosure\\nnecessary to be used for the enjoyment thereof, without\\nthe consent of the owner, except upon the order of a jus\u00c2\u00ac\\ntice of the supreme court residing in the judicial district\\nin which the village or a part thereof is situated, to be\\ngranted upon an application by the board of trustees on a\\nnotice to the owner of not Jess than ten days.\\n2. If the petition for the narrowing of a street be\\ngranted, the board shall enter upon its records a descrip\u00c2\u00ac\\ntion of the street after such narrowing, and the portion of\\nthe former street not included in such description is\\nabandoned.\\n3. If the petition, or the discontinuance of a street be\\ngranted, such street or the part thereof so discontinued\\nis abandoned.\\n149. Application for commissioners; notice of\\napplication, \u00e2\u0080\u0094If a petition for the laying out, alteration or\\nwidening of a street be granted, and the board cannot\\naai ee with an owner upon the purchase price of land\\na", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0265.jp2"}, "266": {"fulltext": "224\\nThe Highway Law of New York.\\nMeeting and award of commissioners.\\nnecessary to be acquired, an application may be made by\\nthe board to the county court of the county in which such\\nland is situated, for the appointment of three commissioners\\nto determine the compensation to be made to such owner.\\nAt least ten days before the making of such application a\\nnotice specifying the time and place thereof must be served\\nupon such owner.\\n150. Appointment of commissioners. \u00e2\u0080\u0094Upon such\\napplication the county court must appoint as such com\u00c2\u00ac\\nmissioners three resident disinterested freeholders of the\\ncounty in which such land is situated, not residents of the\\nvillage nor nominated by a person interested in the pro\u00c2\u00ac\\nceeding. In case of a vacanc}? another commissioner may\\nbe appointed in like manner. The order of appointment\\nmust contain the name of each person whose compensa\u00c2\u00ac\\ntion is to be determined by the commissioners.\\n151. Notice of meeting of commissioners .\u00e2\u0080\u0094The\\ncommissioners shall file with the village clerk the consti\u00c2\u00ac\\ntutional oath of office. They shall appoint a time and\\nplace for a hearing and serve a notice thereof upon the\\nboard of trustees and upon each person named in the order.\\nSuch notice must be served at least ten days before the\\nhearing, which must be held within twenty days after\\ntheir appointment.\\n152. fleeting and award of commissioners, \u00e2\u0080\u0094The\\ncommissioners shall meet at the time and place appointed\\nand may adjourn from time to time. They shall person\u00c2\u00ac\\nally examine the land, compensation for which is to be\\ndetermined by them, and may take testimony in relation\\nthereto. They shall keep minutes of their proceedings and\\nreduce to writing all evidence taken by them. They shall", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0266.jp2"}, "267": {"fulltext": "The Highway Law of New Yoek.\\n225\\nAppeal from award of commissioners.\\naward to each owner of land named in the order the com\u00c2\u00ac\\npensation to which he maybe entitled after making allow\u00c2\u00ac\\nance for any benefit he may derive from the improvement.\\nAfter the appointment of the commissioners and before\\nany evidence is taken on the hearing, the board may make\\nan agreement w T ith an owner named in the order for the\\ncompensation to be made to him. If such an agreement\\nbe made, notice thereof must be served upon the commis\u00c2\u00ac\\nsioners, and thereupon the proceeding as to such owner is\\ndiscontinued. The award shall be signed by a majority of\\nthe commissioners, and, together with the minutes of their\\nproceedings, the evidence taken by them, and any notice\\nof agreement served upon them, shall be filed in the office\\nof the village clerk.\\n153. Appeal from award of commissioners .\u00e2\u0080\u0094The\\nboard of trustees, or an owner to whom an award has\\nbeen made by the commissioners, may, within twenty\\ndays after the filing of the award, appeal therefrom to the\\ncounty court by which the commissioners were appointed.\\nSuch appeal shall be taken by a notice of appeal to be\\nserved as follows:\\n1. If the appeal be taken by the board of trustees, notice\\nthereof must be filed by the village clerk in his office, and\\naddressed to and served upon each owner to whose award\\nobjection is made by the board.\\n2. If the appeal be taken by an owner, the notice of\\nappeal must be addressed to the board of trustees and\\nserved upon the village clerk.\\nThe notice must in either case briefly state the grounds\\nupon which the appeal is taken.\\n154. Betnrn by clerk .\u00e2\u0080\u0094Within ten days after such\\nappeal the village clerk shall transmit to the county judge\\n15", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0267.jp2"}, "268": {"fulltext": "226\\nThe Highway Law of New York.\\nHearing of the appeal.\\nthe petition filed with the board for the laying out, altera\u00c2\u00ac\\ntion or widening of the proposed street, all papers asd\\nevidence in the proceeding subsequently filed in his office,\\nand a certified copy of each resolution of the board of\\ntrustees relating to the improvement.\\n155. Hearing of the appeal .\u00e2\u0080\u0094The appeal may be\\nbrought on by either party by a notice of not less than teu\\nnor more than twenty days. If the appeal is by the board\\nof trustees, it brings up for review all proceedings by or\\nbefore the commissioners, and the award made by them.\\nIf the appeal is by an owner, it brings up for review all\\nproceedings relating to the proposed improvement. If\\nthe appeal is by the board of trustees, and two or more\\nowners are made respondents, the county court may affirm\\nor reverse the award of the commissioners as to the whole\\nor any number of such owners, and if the appeal is by an\\nowner, the county court may affirm or reverse the award.\\nIf the award be reversed, the order of reversal must state\\nthe reasons therefor,* and if upon grounds relating to the\\namount of the award, or for errors in the proceedings by\\nthe commissioners, it must direct a rehearing before the\\nsame or other commissioners.\\nIf it appears from the order of the county court that the\\naward is reversed solely upon grounds relating to the\\namount of compensation, or for errors in the proceedings\\nby the commissioners, no further appeal shall be allowed.\\nThe order of the county court upon such appeal, together\\nwith the papers transmitted by the village clerk, must be\\nfiled by the county judge in the office of such clerk. The\\norder must also be entered in the office of the county clerk.\\n156. Compensation of commissioners .\u00e2\u0080\u0094Each com\u00c2\u00ac\\nmissioner is enittled to five dollars for each day actually", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0268.jp2"}, "269": {"fulltext": "The Highway Law of New York.\\n227\\nCosts on appeal.\\nand necessarily spent in such proceeding, together with\\nhis necessary traveling and incidental expenses. Such\\ncompensation and expenses are a charge against the\\nvillage.\\n157. Costs on appeal .\u00e2\u0080\u0094Costs on appeal may be\\nallowed as follows:\\n1. If on appeal by the board of trustees the award of the\\ncommissioners be affirmed, the county court may allow to\\nthe respondent costs of such appeal, against the village,\\nnot exceeding twenty-five dollars.\\n2. If on such an appeal the award be reversed on the\\nground that as to a specified owner it is excessive, the\\ncourt may fix the amount of costs, not exceeding fifty dol\u00c2\u00ac\\nlars, to be stated in the order, to be paid by the village to\\nsuch owner, if upon a rehearing the amount awarded to\\nhim is not more favorable to the village by the amount of\\nsuch costs than the first award.\\n3. If on appeal by an owner the award be affirmed, costs\\nnot exceeding twenty-five dollars may be awarded against\\nhim, to be recovered by the village.\\n4. If on such an appeal the award be reversed, the\\ncounty court may allow to the owner a sum not exceeding\\ntwenty-five dollars for the costs of appeal, which shall be\\na charge against the village.\\n158. Payment for property acquired for street\\nimprovement .\u00e2\u0080\u0094Upon the making of an agreement for\\ncompensation to an owner under this article, or upon the\\nfinal order or award fixing the amount of such compensa\u00c2\u00ac\\ntion in proceedings therefor, the board shall immediately\\npay such amounts and the costs, if any, allowed in such\\nproceedings, if it has funds available for that purpose; if\\nnot, money may be borrowed and certificates of indebted\u00c2\u00ac\\nness bearing interest issued therefor, or like certificates", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0269.jp2"}, "270": {"fulltext": "228\\nThe Highway Law of New York.\\nChanging grade of street or bridge.\\nmay be issued for such amounts, and payable, in either\\ncase, not more than one year from the date thereof; and\\nthe amount of such certificates shall be included in the\\nnext annual tax levy.\\n159. Changing grade of street or bridge .\u00e2\u0080\u0094If a\\nvillage has exclusive control and jurisdiction of a street or\\nbridge therein, it may change the grade thereof. If such\\nchange of grade shall injuriously affect any building or\\nland adjacent thereto, or the use thereof, the change of\\ngrade to the extent of the damage resulting therefrom, shall\\nbe .deemed the taking of such adjacent property for a pub\u00c2\u00ac\\nlic use. A person claiming damages from such change of\\ngrade must present to the board of trustees a verified\\nclaim therefor, within sixty days after such change of\\ngrade is affected. The board may agree with such owner\\nupon the amount of damages to be allowed to him. If no\\nagreement be made, within thirty days after the presenta\u00c2\u00ac\\ntion of the claim, the person presenting it may apply to\\nthe supreme court for the appointment of three commis\u00c2\u00ac\\nsioners to determine the compensation to which he is\\nentitled. Notice of the application must be served upon\\nthe board of trustees at least ten days before the hearing\\nthereof. All proceedings subsequent to the appointment\\nof the commissioners shall be taken in accordance with the\\nprovisions of the condemnation law, so far as applicable,\\nexcept that the commissioners in fixing their award may\\nmake an allowance for benefits derived by the claimant\\nfrom such improvement. The amount agreed upon for\\nsuch damages or the award therefor, together with the\\ncosts, if any, allowed to the claimant, shall be a charge\\nagainst such village. The board may borrow money for\\nthe payment thereof, or issue certificates of indebtedness\\ntherefor, in the same manner as in case of damages for\\nlaying out a street.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0270.jp2"}, "271": {"fulltext": "The Highway Law of New York.\\n229\\nStreets on boundary lines.\\n160. Streets on boundary lines .\u00e2\u0080\u0094Whenever a street\\nis on a line between two villages, or between a village\\nand a city or town, the highway or street commissioners\\nof such adjoining municipalities shall, on or before the\\nfirst day of May in each year, meet at a time and place to\\nbe determined by them, and divide such street. The\\nofficers present at such meeting shall allot a part of the\\nstreet to each municipality in such manner that the labor\\nand expense of keeping such street in repair may be equal\\nas nearly as practicable. The officers making such division\\nshall, within ten days thereafter, file in the office of the\\nclerk of each municipality a certificate showing the part\\nof such street allotted to each.\\n161. Crosswalks and sidewalks .\u00e2\u0080\u0094The board of\\ntrustees may construct and repair crosswalks upon the\\nstreets within the village. It may also construct and\\nrepair sidewalks upon such a street wholly at the expense of\\nthe village, or of the owners or occupants of the adjoining\\nland, or partly at the expense of each. Upon the adop\u00c2\u00ac\\ntion of a proposition therefor in a village of the third or\\nfourth class, all sidewalks shall thereafter be constructed\\nand repaired wholly at the expense of the village. If a\\nsidewalk is so required to be constructed or repaired wholly\\nat the expense of the owners or occupants of the adjoining\\nlands, a notice specifying the place and manner, and the\\ntime, not less than ten days, in case of a new walk, or\\nnot less than twenty-four hours in case of repairs, within\\nwhich the sidewalk is required to be constructed or re\u00c2\u00ac\\npaired, shall be served upon such owners or occupants.\\nIf an owner or occupant shall not construct or repair the\\nsidewalk as required by the notice, the board of trustees\\nmay cause the same to be so constructed or repaired, and\\nassess the expense thereof upon the adjoining laud.\\nIf a sidewalk is to be constructed or repaired at the", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0271.jp2"}, "272": {"fulltext": "230\\nThe Highway Law of Hew York.\\nCredit for flagging sidewalk.\\njoint expense of the village and the owner or occupant, the board of\\ntrustees may cause the same to be constructed or repaired, and assess\\nupon the adjoining land the proportion of the expense chargeable\\nagainst the same; or it may direct the owner or occupant to contribute\\nlabor or-materials therefor. If the lands of a turnpike company are used\\nas a street in a village and the company collect tolls on its roads, then the\\nexpense of constructing or repairing a sidewalk in so much of the street\\nas is owned or controlled by the turnpike company, shall be chargeable\\nagainst and assessed on the turnpike company, and the owners of the\\nadjoining land shall not be chargeable therewith.\\nAmended by L. 1899 ch. 326, taking effect April 17, 1899.\\n162. Credit for flagging sidewalk .\u00e2\u0080\u0094Whenever the\\nowner or occupant of lands adjoining a street shall, with\\nthe consent of the board of trustees, construct a sidewalk\\nof stone, cement, brick or other similar material along\\nthe line of such land, of the width of four feet or more,\\nand of the value of at least four dollars per lineal rod, the\\nboard of trustees shall credit such owner or occupant on\\naccount of his assessment for street taxes in such village,\\nthree-fourths of the actual and necessary expense of con\u00c2\u00ac\\nstructing such sidewalk; or, instead of such credit, may\\npay to such owner or occupant from the street fund of the\\ncurrent year, one-half of the cost of such sidewalk. If\\ncredit is allowed, such owner or occupant shall be exempt\\nfrom taxation on account of streets in such village until\\nthe amount of the exemption equals the credit so allowed.\\n163. Snoiv and ice on sidewalks .\u00e2\u0080\u0094The board of\\ntrustees may require the owners or occupants of land\\nfronting on sidewalks to keep them clear of snow and ice,\\nand upon default, may cause such sidewalks to be cleaned,\\nand assess the expense thereof upon such adjoining land,\\nor may cause the sidewalks on any street or portion thereof\\nto be kept clear of snow and ice, and assess the expense\\nupon the adjoining land.\\n164. Cleaning streets The board of trustees may\\nrequire the owners of land fronting upon the streets to\\nkeep the portion of the street between the land and the", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0272.jp2"}, "273": {"fulltext": "The Highway Law of New York.\\n231\\nSprinkling streets.\\ncenter of the street cleaned of rubbish or other accumula\u00c2\u00ac\\ntions thereon, injurious to the use or appearance thereof,\\nand to cause all grass and weeds growing therein to be cut\\nand removed once in each month from May to October,\\ninclusive. If the owner of such adjoining land shall fail\\nto comply with such requirement the board of trustees\\nmay cause such work to be done, and assess the expense\\nthereof upon such adjoining land.\\n165. Sprinkling streets .\u00e2\u0080\u0094The board of trustees may\\ncause a street or a part thereof to be sprinkled, and may\\nassess the expense thereof, in whole or in part, upon the\\nowners or occupants of the adjoining land.\\n166. Pavements ,\u00e2\u0080\u0094The board of trustees may cause\\na street in the village to be paved, wholly at the expense\\nof the village, or of the owners of the adjoining land, or\\npartly at the expense of each; but such street shall not be\\npaved wholly at the expense of the owners of the adjoining\\nland unless a petition be presented to the board of trustees\\nsigned by the owners of at least two-thirds of the frontage\\non the street, or portion thereof, proposed to be paved, and\\na hearing given thereon to all persons interested, on a\\nnotice of at least ten days. If a pavement is so required\\nto be constructed or repaired wholly at the expense of the\\nowners of the adjoining lands, a notice specifying the\\nplace and manner, and the time, not less than thirty days,\\nwithin which the pavement is required to be constructed\\nor repaired, shall be served upon the owners. If an owner\\nshall not construct or repair the pavement as required by\\nthe notice, the board of trustees may cause the same to be\\nso constructed or repaired, and assess the expense thereof\\nupon the adjoining land. If a pavement is to be con\u00c2\u00ac\\nstructed or repaired at the joint expense of the village and\\nthe owner of the adjoining land, the board of trustees may\\ncause the same to be constructed or repaired, and assess", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0273.jp2"}, "274": {"fulltext": "232\\nThe Highway Law of New York.\\nTrimming trees.\\nupon the adjoining land the proportion of the expense\\nchargeable against the same; or it may direct the owner\\nto contribute labor or materials therefor. The total\\namount expended for street paving in any fiscal year from\\nthe moneys raised during such year for street purposes,\\notherwise than in pursuance of a village election, shall not\\nbe more than one-half thereof. No land owner shall be\\nrequired to pave or bear the expense of paving any portion\\nof the street not in front of such land, nor beyond the cen\u00c2\u00ac\\ntre of the street. All pavements laid by the owners of\\nadjoining land shall be laid under the supervision and in\\naccordance with the directions of the board of trustees.\\nThe expense of constructing a pavement or any part\\nthereof maybe raised in an entire amount or in similar\\namounts from time to time as the board of trustees may\\ndetermine. If any portion of such expense is to be borne\\nby the village, bonds or certificates of indebtedness may be\\nissued. If such expense or any part thereof is to be\\nassessed upon adjoining land, the board may apportion it\\nupon the lands and assess the same as a whole or by in\u00c2\u00ac\\nstallments. Notice of an assessment based upon such\\napportionment shall be given to the land owners, who may\\npay the amounts assessed within ten days after such\\nnotice. At the expiration of that time bonds or certifi\u00c2\u00ac\\ncates of indebtedness may be issued for the aggregate\\namount of such assessment then remaining unpaid. Taxes\\nfor the amount of such bonds or certificates issued on\\naccount of default in the payment of the amount appor\u00c2\u00ac\\ntioned upon adjoining land, shall be levied and collected\\nin the manner prescribed by this chapter in case of unpaid\\nassessments for the construction of sewers.\\nAmended by L. 1898, ch. 365.\\n167. Trimming trees.\u00e2\u0080\u0094The board of trustees may\\nrequire the owners of land to trim the trees in front", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0274.jp2"}, "275": {"fulltext": "The Highway Law of New York.\\n233\\nLocal assessments under this article.\\nthereof, and upon default, may cause such trees to be\\ntrimmed, and assess the expense thereof upon the adjoin\u00c2\u00ac\\ning land.\\n168. Local assessments under this article\\nWhenever expenditures are made by the board of trustees\\nfor constructing or repairing sidewalks or pavements,\\ntrimming trees, sprinkling streets or keeping the side\u00c2\u00ac\\nwalks or streets cleared of weeds, ice, snow or other accu\u00c2\u00ac\\nmulations thereon, which under this article are assessable\\nupon the land affected or improved thereby, the board shall\\nserve a notice of at least ten days upon the owner or occu\u00c2\u00ac\\npant of such property, stating that such expenditure has\\nbeen made, its purpose and amount, and that at a speci\u00c2\u00ac\\nfied time and place it will meet to make an assessment of\\nthe expenditure upon such land. The board shall meet\\nat the time and place specified. It shall hear and deter\u00c2\u00ac\\nmine all objections that may be made to such assessment,\\nincluding the amount thereof, and shall assess upon the\\nland the amount which it may deem just and reasonable,\\nnot exceeding, in case of default, the amount stated in the\\nnotice.\\nIf the amount so assessed be not paid within twenty\\ndays after such assessment, an action to recover the\\namount may be maintained by the village against the\\nowner or occupant liable therefor, or a special warrant\\nmay be issued by the board of trustees for the collection of\\nsuch assessment, or the amount thereof may be included\\nin the next annual tax levy.\\n169. Acquisition of lands for parks and squares\\n_The board of trustees may, on behalf of the village, ac\u00c2\u00ac\\ncept by grant or devise a gift of land for a public park or\\nsquare within the village, or wholly within one mile of\\nthe boundaries thereof, or may submit to a village election", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0275.jp2"}, "276": {"fulltext": "234\\nThe Highway Law of New York.\\nAcquisition of lands for parks and squares.\\na proposition to purchase land so located for such purpose\\nat an expense, specified in the proposition, not exceeding\\none per centum of the value of the taxable property of the\\nvillage, as appears by the last preceding assessment roll.\\nUpon the acquisition of land for the purposes of this sec\u00c2\u00ac\\ntion, either by gift or purchase, the board may establish\\nand maintain a public park or square thereon.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0276.jp2"}, "277": {"fulltext": "The Highway Law of New York.\\n235\\nTransportation corporations law.\\nTRANSPORTATION CORPORA\u00c2\u00ac\\nTIONS LAW\\n33. Crossings ,\u00e2\u0080\u0094Wherever any tramway, constructed\\nby any such corporation, shall cross a railroad, highway,\\nturnpike, plank-road or canal, such tramway shall be so\\nconstructed as not to interfere with the free use of such\\nrailroad, highway, turnpike, plank-road or canal for the\\npurposes for which they were intended.\\n43. Railroad, turnpike, plank-road and high\u00c2\u00ac\\nway crossings Whenever any line of pipe of any such\\ncorporation shall necessarily cross any railroad, highway,\\nturnpike or plank-road, such line of pipe shall be made to\\ncross under such railroad, highway, turnpike or plank-road\\nand with the least injury thereto practicable, and unless\\nthe right to cross the same shall be acquired by agree\u00c2\u00ac\\nment, compensation shall be ascertained and made to the\\nowners thereof, or to the public in case of highways, in\\nthe manner prescribed in the condemnation law, but no ex\u00c2\u00ac\\nclusive title or use shall be so acquired as against any rail\u00c2\u00ac\\nroad, turnpike or plank-road corporation, nor as against\\nthe rights of the people of this state in any public high\u00c2\u00ac\\nway, but the rights acquired shall be a common use of the\\nlands in such manner as to be of the least practical injury\\nto such railroad, turnpike or plank-road, consistent with\\nthe use thereof by such pipe-line corporation, nor shall\\nany such corporation take or use any lands, fixtures or\\nerections of any railroad corporation, or have the right\\nto acquire by condemnation the title or use, or right to run\\nalong or upon the lands of any such corporation, except for\\nthe purpose of directly crossing the same when necessary.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0277.jp2"}, "278": {"fulltext": "236\\nThe Highway Law of New York.\\nConsent of local authorities.\\ng 45. Consent of local authorities .\u00e2\u0080\u0094No pipe line\\nshall be constructed across, along or upon any public\\nhighway without the consent of the commissioners of high\u00c2\u00ac\\nways of the town in which such highway is located, upon\\nsuch terms as may be agreed upon with such commis\u00c2\u00ac\\nsioners. If such consent or the consent of the commis\u00c2\u00ac\\nsioners or municipal authorities required by the preceding\\nsection cannot be obtained, application may be made to the\\ngeneral term of the supreme court of the department in\\nwhich such highway or bridge is situated for an order per\u00c2\u00ac\\nmitting the corporation to construct its line across, along\\nor upon such highway, or across or upon such bridge.\\nThe application shall be by duly verified petition and\\nnotice which shall be served upon the commissioners of\\nhighways of the town in which the highway is situated,\\nor the municipal authorities of the village or city where\\nsuch bridge is located, according to the practice or order\\nof the court, or an order to show cause, and the court\\nupon the hearing of the application may grant an order per\u00c2\u00ac\\nmitting the line to be so constructed in such manner and\\nupon suoh terms as it may direct.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0278.jp2"}, "279": {"fulltext": "The Highway Law of New York.\\n237\\nTurnpike, plank-road and bridge corporations.\\nARTICLE IX.\\nTurnpike, Plank-Road and Bridge Corporations.\\nSection 120. Incorporation.\\n121. Restriction upon location of road.\\n122. Agreement for use of highway.\\n123. Application to board of supervisors.\\n124. Commissioners to lay out road.\\n125. Possession of and title to real estate.\\n126. Use of turnpike road by plank road.\\n127. Width and construction of road.\\n128. Construction of bridges obstruction of rafts prohibited,\\n129. Certificate of completion of road or bridge.\\n130. Gates, rates of toll; and exemption.\\n131. Toll gatherers.\\n132. Penalty for running a gate.\\n133. Location of gates and change thereof.\\n134. Inspectors, their powers and duties.\\n135. Change of route, extensions and branches.\\n136. Milestones, guide-posts and hoist-gates.\\n137. Location of office of corporation.\\n138. Consolidation of corporations, sale of franchise,\\n139. Surrender of road.\\n140. Taxation and exemption.\\n141. Hauling logs and timber.\\n142. Encroachment of fences.\\n143. Penalty for fast driving over bridges.\\n144. Acts of directors prohibited.\\n145. Actions for penalties.\\n146. Proof of incorporation.\\n147. When stockholders, to be directors.\\n148. Dissolution of corporation, road to be a highways\\n149. Town must pay for lands not originally a highway.\\n150. High way labor upon line of plank-road or turnpike.\\n151. Extensionof corporate existence.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0279.jp2"}, "280": {"fulltext": "238\\nThe Highway La^w of New York.\\nIncorporation.\\nSection 120. Incorporation .\u00e2\u0080\u0094Five or more persons\\nmay become a corporation for the purpose of constructing,\\nmaintaining and owning a turnpike, plank-road or a\\nbridge, or causeway across any stream or channel of water,\\nor adjoining bay, swamp, marsh, or water to form in con\u00c2\u00ac\\nnection with such bridge or causeway a continuous road\u00c2\u00ac\\nway across the same, by signing, acknowledging and filing\\na certificate containing the name of the corporation, its\\nduration, not exceeding fifty years, the amount and num\u00c2\u00ac\\nber of shares of its capital stock, the number of its direc\u00c2\u00ac\\ntors, and their names and post-office address for the first\\nyear, the termini of the proposed road, its length, and\\neach town, city or village into or through which it is to\\npass, or of a bridge, the location and plan thereof, and the\\npost-office address of each subscriber, and the number of\\nshares of stock which he agrees to take, the aggregate of\\nwhich subscriptions shall not be less than five hundred\\ndollars for every mile of road, or if a bridge corporation\\nnot less than one-fourth of the amount of the capital st )ck,\\nand five per cent of which must be actually paid in cash.\\nThere shall be indorsed on and annexed to the certificate\\nand made a part thereof the affidavit of at least three of\\nthe directors named therein, that the required amount of\\ncapital stock has been subscribed and the prescribed per\u00c2\u00ac\\ncentage paid in cash.\\n121. Restrictions upon location of road .\u00e2\u0080\u0094No such\\nroad shall be laid out through any orchard of the growth\\nof four years or more to the injury or destruction of fruit\\ntrees, or through any garden cultivated for four years or\\nmore before the laying out of the road, or through any\\ndwelling-house or building connected therewith, or any\\nyards or inclosures necessary for its use or enjoyment\\nwithout the consent of the owner thereof, nor shall any\\nsuch corporation bridge any stream in any manner that", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0280.jp2"}, "281": {"fulltext": "The Highway Law of New York.\\n239\\nAgreement for use of highways.\\nwill prevent or endanger the passage of any raft of twenty-\\nfive feet in width, or where the same is navigable by\\nvessels or steamboats.\\n122. Agreement for use of highways .\u00e2\u0080\u0094The super\u00c2\u00ac\\nvisor and commissioner of higways, or a majority if there\\nbe more than one of any town, may agree in writing with\\nany such corporation for the use of any part of a public\\nhighway therein required for the construction of any such\\nroad, and the compensation to be paid by the corporation\\nfor taking and using such highway for such purpose on\\nfirst obtaining consent of at least two-thirds of all the\\nowners of land bounded on or along such highway, which\\nagreement shall be filed and recorded in the town clerk\u00e2\u0080\u0099s\\noffice of the town. If such agreement cannot be made the\\ncorporation may acquire the right to take such highway\\nfor such purpose by condemation. The compensation\\ntherefor shall be paid to the commissioners of highways,\\nto be expended by them in improving the highways of the\\ntown.\\n123. Application to board of supervisors .\u00e2\u0080\u0094If the\\nlands necessary for the construction of the road or\\nbridge of any such corporation in any county have\\nnot been procured by gift or purchase, and the right\\nto take and use any part of any highway therein\\nrequired by such corporation shall not have been pro\u00c2\u00ac\\ncured by agreement with the supervisor and commis\u00c2\u00ac\\nsioners of highways of the town in which such highway is\\nsituated, the corporation may make application to the\\nboard of supervisors of each county in which such bridge\\nor road, or any part thereof, is to be located, for authority\\nto build, lay out and construct the same, and take the\\nnecessary real estate for such purpose. Notice of the\\napplication shall be published in at least one public news-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0281.jp2"}, "282": {"fulltext": "240\\nThe Highway Law of New Yoke.\\nCommissioners to lay out road.\\npaper in each county for six successive weeks, specify\u00c2\u00ac\\ning the time and place where it will be made, the\\nlocation, length and breadth of any such bridge,\\nand the length and route of any such proposed road,\\nits character, and each town, city and village in or\\nthrough which it is to be constructed. The application\\nmay be made at any annual or special meeting of the\\nboard, and if the corporation desires a special meeting\\ntherefor any three members of the board may fix a time\\nwhen the same shall be held, and notice thereof shall be\\nserved upon each of the other supervisors by delivering the\\nsame to him personally or leaving it at his place of resi\u00c2\u00ac\\ndence at least twenty days before the minutes,* and the\\nexpenses of the special meeting and of notifying the mem\u00c2\u00ac\\nbers of the board thereof shall be paid by the corporation.\\nAll persons interested therein or owning real estate in any\\nof the towns through which it is proposed to construct the\\nroad may appear and be heard upon the hearing of the\\napplication. The board may take testimony in respect\\nthereto, or authorize it to be taken by a committee of the\\nboard and may adjourn the hearing from time to time.\\nAfter hearing the application the board may, by an order\\nentered in its meetings,* authorize the corporation to con\u00c2\u00ac\\ntract such bridge or road and to take the real estate neces\u00c2\u00ac\\nsary for that purpose, and a copy of the order certified by\\nthe clerk of the board shall be recorded by the corporation\\nin the office of the clerk of the county in which such\\nbridge or road or any part thereof is to be located before\\nany act shall be done under it.\\nSee County Law, 62, Appendix.\\n124. Commissioners to lay out road .\u00e2\u0080\u0094If the appli\u00c2\u00ac\\ncation for the construction of any such road is granted,\\nSo in the original", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0282.jp2"}, "283": {"fulltext": "The Highway Law of New York.\\n241\\nPossession of and title to real estate.\\nthe board shall appoint three disinterested persons, not\\nowners of real estate in any town, through which the road\\nis to be constructed or in any adjoining town, commissioners\\nto lay out the road. They shall take the constitutional\\noath of office, and without unnecessary delay lay out the\\nroute of such road in such manner as in their opinion will\\nbest promote the public interests; they shall hear all per\u00c2\u00ac\\nsons interested who shall apply to be heard and may take\\ntestimony in relation thereto, and shall cause an accurate\\nsurvey and description of the road and the necessary build\u00c2\u00ac\\nings and gates, signed and acknowledged by them to be\\nrecorded in the clerk\u00e2\u0080\u0099s office of the county. If the road\\nis situated in more than one county, such survey and\\ndescription shall be separate as to that portion in each\\ncounty and filed in the office of the clerk of the county in*\\nwhich it relates. The corporation shall pay each commis\u00c2\u00ac\\nsioner three dollars for every day spent by him in the per\u00c2\u00ac\\nformance of his duties and his necessary expenses.\\n125. Possession of and title to real estate .\u00e2\u0080\u0094The\\nroute so laid out and surveyed by the commissioners shall\\nbe the route of the road, and the corporation may enter\\nupon, take and hold for the purposes of its incorporation,\\nthe lands described in such survey as necessary for the\\nconstruction of its road, and requisite buildings and gates.\\nIf for any cause the owner of any of such lands shall be\\nincapable of selling the same or his name or residence can\\nnot, with reasonable diligence be ascertained 01 the cor\u00c2\u00ac\\nporation is unable to agree with the owner for the purchase\\nthereof it may acquire title thereto by condemnation.\\n126. Use of turnpike road by plank-road.\u00e2\u0080\u0094No\\nplank-road shall be made on the roadway of any turnpike\\nSo in the original.\\n16", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0283.jp2"}, "284": {"fulltext": "242\\nThe Highway Law of New York.\\nUse of turnpike road by plank-road.\\ncorporation without its consent, except for the purpose of\\ncrossing the same. Any plank-road corporation may con\u00c2\u00ac\\ntract with any connecting turnpike corporation for the\\npurchase of its roadway or a part thereof, or of its stock,\\non such terms as may be mutually agreed upon, and such\\nstock, if purchased, shall be held by the plank-road cor\u00c2\u00ac\\nporation for the benefit of its stockholders in proportion to\\nthe amount of stock held by each, and a transfer of stock\\nin the plank-road corporation shall carry with it its pro\u00c2\u00ac\\nportional amount of the turnpike stock, and entitle the\\nholder thereof to his share of the dividends derived there\u00c2\u00ac\\nfrom. After the purchase of the whole of the stock of any\\nsuch turnpike corporation by such plank-road corporation\\nthe directors of the plank-road corporation shall be the\\ndirectors of the turnpike corporation, and shall manage its\\naffairs and render an account of the same annually to the\\nstockholders of the plank-road corporation. If the plank-\\nroad corporation is dissolved, its stockholders at the time\\nof dissolution shall be the stockholders of the turnpike cor\u00c2\u00ac\\nporation in proportion to the amount of stock held by each,\\nand the stock of the turnpike corporation shall thereafter\\nbe deemed to be divided into shares equal in number to\\nthe shares of stock of the late plank-road corporation, and\\nscrip therefor shall be issued accordingly to each of the\\nlast stockholders of the plank-road corporation, and the\\nofficers of the turnpike corporation shall be the same in\\nnumber as provided for in its charter or certificate of\\nincorporation, and shall be chosen by such former stock,\\nholders of the plank-road corporation or their assigns. A\\ncorporation owning a turnpike road on or adjoining which\\na plank-road shall have been constructed may abandon\\nthat portion of its road on or adjoining the route of which\\na plank-road is actually constructed and used.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0284.jp2"}, "285": {"fulltext": "The Highway Law of Hew Yoek.\\n243\\nWidth and construction of road.\\n127. Width and construction of road .\u00e2\u0080\u0094Every\\nsuch plank-road shall be so constructed as to make, secure\\nand maintain a smooth and permanent road, the track of\\nwhich shall be made of timber, plank or other hard\\nmaterial forming a hard and even surface, and every such\\nturnpike road shall be bedded with stone, gravel or such\\nother material as may be found on the line thereof, and\\nfaced with broken stone or gravel, forming a hard and even\\nsurface with good and sufficient ditches on each side\\nwherever practicable, and all such roads shall be laid out\\nat least four rods wide and the arch or bed at least eighteen\\nfeet wide, and shall be so constructed as to permit carri\u00c2\u00ac\\nages and other vehicles conveniently to pass each other,\\nand to pass on and off such road where intersected with\\nother roads. Any corporation which shall have once laid\\nits road with plank may relay the same, or any part\\nthereof, with broken stone, gravel, shells or other hard\\nmaterials, forming a good and substantial road. Any\\nplank-road or turnpike corporation may lay iron rails on\\nits road suitable for the use of wagons and vehicles drawn\\nby horses or animals over its road, but no other motive\\npower shall be used thereon.\\n128. Construction of bridges; obstruction of rafts\\nprohibited.\u00e2\u0080\u0094 Every bridge constructed by any such cor\u00c2\u00ac\\nporation shall be built with a good and substantial railing\\nor sliding at least four and one-half feet high, and over\\nany stream navigable by rafts the corporation shall keep\\nthe channel of the stream above and below the bridge free\\nand clear from all deposits, formed or occasioned by the\\nerection of the bridge, which shall in any wise obstruct\\nthe navigation thereof, and shall be liable to all persons\\nunreasonably or unnecessarily delayed or hindered in\\npassing the same for all damages sustained thereby.\\nSo in the original.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0285.jp2"}, "286": {"fulltext": "244\\nThe Highway Law of New York.\\nCertificate of completion of road or bridge.\\nNothing in this act shall be construed to authorize the\\nbridging of any river or water-course where the tide ebbs\\nand flows, or any waters over which the federal authorities\\nhave any control, unless the consent of such federal au\u00c2\u00ac\\nthorities be first obtained; nor the construction of any\\nbridge within the limits prescribed by any existing law\\nfor the erection or maintenance of any other bridge.\\nAmended by L. 1892, ch. 6S6, by L. 1895, ch. 722, and by L. 1896, ch.\\n778.\\n129. Certificate of completion of road or bridge\\n\u00e2\u0080\u0094When any such corporation ;shall .have completed its\\nbridge or road or any five consecutive miles thereof, it may\\napply to the commissioners of highways of each town in\\nwhich the completed road or bridge is situated to inspect\\nthe same, and if a majority of the commissioners are sat\u00c2\u00ac\\nisfied that the road or bridge is made and completed as\\nrequired by law and in a manner safe and convenient for the\\npublic use, they shall make a certificate to that effect,\\nwhich shall be filed in the office of the county clerk. Each\\ncommissioner shall be paid by the corporation two dollars\\nper day for his services and necessary expenses.\\n130. Gates, rates of toll; and exemption .\u00e2\u0080\u0094Upon\\nfiling such certificate such corporation may erect a toll-\\ngate at such bridge or one or more toll-gates upon the road\\nso inspected, and may demand and receive the following\\nrates of toll, a printed list of which shall be conspicuously\\nposted at or over each gate: If a bridge corporation, such\\nsum as shall be from time to time prescribed by the board\\nof supervisors of the county or counties in which the bridge\\nis located. If a turnpike or plank-road, for every vehicle\\ndrawn by one animal, one cent per mile, and one cent per\\nmile for each additional animal; for every vehicle used", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0286.jp2"}, "287": {"fulltext": "The Highway Law of New York.\\n245\\nGates; rates of toll; and exemption.\\nchiefly for carrying passengers, three cents per mile, and\\none cent per mile for each additional animal; for every\\nhorse rode, led or driven, three-quarters of a cent per mile;\\nfor every score of sheep or swine, one and one-half cents\\nper mile, and for every score of neat cattle, two cents per\\nmile. When diverging roads strike any plank-road or turn*\\npike at or near any toll-gate, the board of supervisors of\\nthe county may direct that the toll charge shall commence\\nfrom the point of such divergence, and only for the dis\u00c2\u00ac\\ntance traveled on such turnpike or plank-road, but fractions\\nof cents may be made units of cents in favor of the plank-\\nroad or turnpike corporation. The corporation may from\\ntime to time commute, but not for a longer period than\\none year at any one time, with any person whose place of\\nabode shall adjoin or be near to the road for the toll pay\u00c2\u00ac\\nable at the nearest gate on each side thereof, and the com\u00c2\u00ac\\nmutation may be renewed from year to year. No tolls\\nshall be charged or collected at any gate, from any person\\ngoing to or from public worship, a funeral, school, town\\nmeeting or election at which he is a voter to cast his vote,\\na military parade which he is required by law to attend,\\nany court which he shall be required to attend as a juror\\nor witness, nor when going to or from his required work\\nupon any public highway, nor when transporting troops in\\nthe actual service of the United States; and no toll from\\npersons living within one-half mile of the gate by the\\nmost usual traveled road when not engaged in the trans\u00c2\u00ac\\nportation of other persons or property except that persons\\nliving within one mile of the gate, by the most usually\\ntraveled road, in an incorporated village of over six thous\u00c2\u00ac\\nand inhabitants, when not engaged in the transporation\\nof the persons or property shall be exempt from the pay\u00c2\u00ac\\nment of toll.\\nAmended by L. 1893, ch. 538.\\nSee County Law, 62, 73, Appendix.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0287.jp2"}, "288": {"fulltext": "246\\nThe Highway Law of New York.\\nToll gatherers.\\n131. Toll gatherers. \u00e2\u0080\u0094Every such corporation may\\nappoint toll gatherers to collect toll at each gate, who may\\ndetain and prevent from passing through the gate, any\\nperson riding, leading or driving animals or vehicles, sub\u00c2\u00ac\\nject to the payment of toll, until the toll is paid, but if he\\nshall unreasonably hinder or delay any traveler or pas\u00c2\u00ac\\nsenger liable to the payment of toll, or shall demand or\\nreceive from any person more toll than he is authorized by\\nlaw to collect, be shall forfeit to such person the sum of\\nfive dollars for every offense, and the corporation employ\u00c2\u00ac\\ning him shall be liable for the payment thereof, and for\\nany damages sustained by any person for acts done or\\nomitted to be done by him in his capacity of toll gatherer,\\nif, on recovery of judgment against the toll gatherer there\u00c2\u00ac\\nfor, execution thereon shall be returned nulla bona.\\n132. JPenalty for running a gate. Any person\\nwho, with intent to avoid the payment of toll, shall pass\\nany gate, without paying the toll required by law, or shall,\\nwith his team, carriage or horse, turn out of a turnpike or\\nplank-road and pass any gate thereon on ground adjacent\\nthereto, shall forfeit for each offense the sum of ten dollars\\nto the corporation injured.\\n133. Location of gates and change thereof. \u00e2\u0080\u0094No\\nsuch corporation shall erect any toll-gate, house, or other\\nbuilding within ten rods of the front of any dwelling house,\\nbarn or other out house, without the written consent of\\nthe owner, and the county judge of the county in which\\nthe same is located shall, on application, order any build\u00c2\u00ac\\ning so erected to be removed, and if a majority of the com\u00c2\u00ac\\nmissioners of highways of any town, in which a toll-\\ngate shall be located, or in an adjoining town, shall deem\\nthe location of any gate unjust to the public interests by", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0288.jp2"}, "289": {"fulltext": "The Highway Law of New York.\\n247\\nLocation of gates and change thereof.\\nreason of the proximity of diverging roads or otherwise,\\nthey may, on fifteen days\u00e2\u0080\u0099 written notice to the president\\nor secretary of the corporation, apply to the county court\\nof the county in which the gate is located, for an order to\\nalter or change its location. On hearing such application,\\nand viewing the premises, if deemed necessary, the court\\nmay make such order in the matter as may be just and\\nproper. Either party may, within fifteen days thereafter,\\nappeal to the general term of the supreme court from such\\norder, on giving such security as the county judge, mak\u00c2\u00ac\\ning the order, may prescribe. Upon such appeal the su\u00c2\u00ac\\npreme court, on motion of either party and on due notice,\\nshall appoint three disinterested persons who are not resi\u00c2\u00ac\\ndents of any town through or into which such road shall\\nrun, or to or from which it is the principal thoroughfare, or\\nany adjoining town, as referees to hear, try and deter\u00c2\u00ac\\nmine the appeal. Such referees shall view the premises\\nand the location of the gate, and hear the parties in the\\nsame manner as on the trial of an issue of fact by a referee\\nin a civil action in the supreme court, and report their\\ndecison thereon and the reasons therefor, and the\\nevidence taken thereon to the supreme court, and such\\ncourt shall review the report and render judgment thereon\\nas justice and equity shall require, which shall be final\\nand conclusive. The referees shall be entitled to the same\\nfees as referees in civil actions in the supreme court, to\\nbe paid in the first instance by the party in whose favor\\ntheir report or decision shall be, and the supreme court\\nshall award judgment therefor, with such costs and ex\u00c2\u00ac\\npenses as it may deem reasonable, to the successful party\\non the appeal, which judgment shall be entered with the\\norder affirming or reversing the order appealed from, and\\nmay be enforced by execution as a judgment of a court of\\nrecord. If the order of the county court is not appealed\\nfrom, it may be enforced, as the court may direct, and", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0289.jp2"}, "290": {"fulltext": "248\\nThe Highway Law of New York.\\nInspectors; their powers and duties.\\nthe court may allow such costs as maybe deemed just and\\nequitable.\\n134. Inspectors; their powers and duties .\u00e2\u0080\u0094The\\ncommissioners of highways of the several towns and the\\ntrustees or other officers in the incorporated cities and vil\u00c2\u00ac\\nlages of the state, who perform the duties of commission\u00c2\u00ac\\ners of highways in such cities and villages, shall be\\ninspectors of plank-roads and turnpikes, in their respec\u00c2\u00ac\\ntive towns, cities and villages. They shall inspect or cause\\nto be inspected by one or more of them the whole of such\\nturnpike or plank-roads as lies in their respective towns,\\nvillages or cities, at least once in each month, and when\u00c2\u00ac\\never written complaint shall be made to any inspector,\\nthat any part of such road lying in the town, city or vil\u00c2\u00ac\\nlage of such inspector is out of repair he shall, without\\ndelay, view and examine the part complained of. If such\\nturnpike or plank-road shall be found to be out of repair\\nor in condition not to be conveniently used by the public,\\nsuch inspectors or either of them, or the one to whom\\nsuch complaint shall have been made, shall give written\\nnotice to the toll-gatherer, or person attending the gate\\nnearest the place out of repair or in bad condition to cause\\nthe same to be put in good condition before a time therein\\ndesignated not less than forty-eight hours after the service\\nof such notice, or to appear before the county court of\\nthe county in which that part of the road is situated, at a\\ntime in said notice designated, and show cause why such\\nturnpike or plank-road should not be repaired or put in\\ngood condition as in said notice directed. If such road\\nshall not have been theretofore repaired or put in good\\ncondition as in said notice directed then the county court\\nshall, upon the return of such notice hear the allegations\\nand proofs of the parties, and it shall always be open for\\nthat purpose; and if the court shall find such road to be", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0290.jp2"}, "291": {"fulltext": "The Highway Law of New York.\\n249\\nInspectors their powers and duties.\\nout of repair or in bad condition it may give additional\\ntime for the repair thereof, or it may order the gate near\u00c2\u00ac\\nest the place out of repair or in bad condition to be imme\u00c2\u00ac\\ndiately upon the service of the order, or at a time therein\\nspecified, thrown open and to remain open until the road\\nshall be fully repaired at the place directed to be repaired\\nas aforesaid. Such order shall be served in the manner\\ntherein specified upon the keeper of the gate so ordered\\nto be thrown open. Any inspector within the town, city\\nor village where such road has been repaired pursuant to\\nnotice or order as aforesaid, may certify that such road\\nhas been duly repaired. The fees of the inspector for the\\nservices above mentioned shall be two dollars for each\\nday actually employed, together with necessary witnesses\\nfees, to be paid by the corporation or person whose road is\\nso inspected, if the gates are ordered to be thrown open,\\nbut otherwise to be charged, audited and paid in the same\\nmanner as other fees of commissioners of highways. Any\\ninspector w r ho neglects to perform his duties shall forfeit\\nto the party aggrieved the sum of twenty-five dollars for\\neach offense. Every keeper of a gate ordered to be thrown\\nopen, not immediately obeying such order or not keeping\\nsuch gate open until such road shall be fully repaired or\\nuntil a certificate that such road has been duly repaired\\nis granted, or hindering or delaying any person in pass\u00c2\u00ac\\ning, or taking any tolls from any person passing such gate\\nduring the time it ought to be open, shall forfeit to the\\nparty aggrieved the sum of ten dollars for each offense, and\\nthe corporation or person owning the road, who shall\\nrefuse or neglect to obey the requirements of any such\\norder shall forfeit to the people of the state the sum of two\\nhundred dollars for each offense.\\nAmended by L. 1896, ch. 343.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0291.jp2"}, "292": {"fulltext": "250\\nThe Highway Law of New York.\\nChange of route extension and branches.\\n135. Change of route; extension and branches.\\n\u00e2\u0080\u0094Any such corporation may, with the written consent of\\nthe owners of two-thirds of its capital stock and of a ma\u00c2\u00ac\\njority of the commissioners of highways of the town or\\ntowns, in which any change or extension is proposed to\\nbe made, construct branches to its main line or extend the\\nsame, or change the route of its road or any part thereof,\\nand acquire the right of way for the same in the same\\nmanner as for the original or main line, and may, by any\\nof its officers, agents or servants, enter upon lands for the\\npurpose of making any examination, survey or map, doing\\nno necessary damage; but before entering upon, taking or\\nusing such lands,the corporation shall make a survey and\\nmap thereof, designating thereon the lands of each owner\\nor occupant intended to be taken or used, which shall be\\nsigned and acknowledged by the engineer making the\\nsame and the president of the corporation and filed in\\nthe office of the clerk of the county in which the land is\\nsituated.\\n136. Milestones, guide-posts and hoist-gates .\u00e2\u0080\u0094A\\nmile-stone or post shall be erected and maintained by\\nevery such corporation on each mile of its road, on which\\nshall be fairly and legibly marked or inscribed the distance\\nof such stone or post from the place of commencement of\\nthe road, and when the road shall commence at the end\\nof any other road having mile-stones or posts on which\\nthe distance from any city or town is marked, a continua\u00c2\u00ac\\ntion of that distance shall in like manner be inscribed. A\\nguide-post shall also be erected at the intersection of\\nevery public road leading into or from every turnpike or\\nplank-road, on which shall be inscribed the name of the\\nplace to which such intersecting road leads in the direc\u00c2\u00ac\\ntion to which the name on the guide-post shall point.\\nNo plank-road or turnpike corporation shall erect or put", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0292.jp2"}, "293": {"fulltext": "The Highway Law of New York.\\n251\\nLocation of office of corporation.\\nup any hoist-gate on its road. Any person who shall\\nwilfully break, cut down, deface or injure any mile-stone,\\npost or gate on such road, or dig up, or injure any part\\nof the road, or anything belonging thereto, shall forfeit to\\nthe corporation twenty-five dollars for every offense, in\\naddition to the damages resulting from the act.\\n137. Location of office of corporation .\u00e2\u0080\u0094Within\\ntwo weeks after the formation of any such corporation its\\ndirectors shall designate some place within a county in\\nwhich its road or bridge, or some part thereof shall be\\ncontructed as its office, and shall give public notice thereof\\nby publishing the same once in each week for three suc\u00c2\u00ac\\ncessive weeks in a public newspaper in the county, and\\nshall file a copy of the notice in the office of the county\\nclerk of every county in which any part of the road or\\nbridge is, or is to be contructed, and if the location of such\\noffice shall be changed, like notice of the change shall be\\npublished and filed, in which shall be specified the time\\nof making the change, before it shall take effect. Every\\nnotice, summons or other paper required by law to be\\nserved on the corporation may be served by leaving the\\nsame at such office with any person having charge thereof,\\nat any time between nine o\u00e2\u0080\u0099clock in the forenoon, and\\nfive o\u00e2\u0080\u0099clock in the afternoon of any day except Sunday or\\na legal holiday.\\n138. Consolidation of corporations and sale of\\nfranchise .\u00e2\u0080\u0094Any two or more of such corporations may\\nconsolidate into one corporation on such terms as the per\u00c2\u00ac\\nsons owning two-thirds of the stock of each corporation\\nmay agree upon, and may change the name of the road\\non filing in the office where the original certificates of\\nincorporation were filed, a certificate containing the names", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0293.jp2"}, "294": {"fulltext": "252\\nThe Highway Law of New York.\\nSurrender of road.\\nof the roads so consolidated, and the name by which such\\nroad shall thereafter be known. Any plank-road or turn\u00c2\u00ac\\npike corporation may, with the consent of the owners of\\nsixty per cent, of its stock, sell, and convey the whole or\\nany part of its rights, property and franchises to any other\\ndomestic plank-road or turnpike corporation, and such\\nsale and conveyance shall vest the rights, property and\\nfranchises thereby transferred in the corporation to which\\nthey are conveyed for the term of its corporate existence.\\n139. Surrender of road The directors of any\\nplank-road or turnpike corporation *way abandon the\\nwhole or any part of its road at either or both ends thereof,\\nupon obtaining the written consent of the stockholders*\\nowning two-thirds of the stock of the corporation, which\\nsurrender shall be by a declaration in writing to that\\neffect, attested by the seal of the corporation and acknowl\u00c2\u00ac\\nedged by the president and secretary. Such declaration\\nand consent shall be filed and recorded in the clerk s office\\nof the county in which any part of the road abandoned\\nshall be situated, and the road so abandoned shall cease to\\nbe the road or the property of the corporation, and shall\\nrevert and belong to the several towns, cities and villages\\nthrough which it was constructed, and the corporation\\nshall no longer be liable to maintain it or to be assessed\\nthereon, or permitted to collect tolls for traveling over the\\nsame, but without impairing its right to take toll on the\\nremaining part of its road at the rate prescribed by law.\\nAnd whenever any turnpike or plank-road company, now\\nexisting or hereafter created, shall abandon all or any\\npart of its road within this state, in the manner above pro\u00c2\u00ac\\nvided, or whenever its charter or franchise of such com\u00c2\u00ac\\npany shall be annulled or revoked, the road of such turn-\\nSo in the original.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0294.jp2"}, "295": {"fulltext": "The Highway Law of New York.\\n253\\nTaxation and exemption.\\npike or plank-road company shall revert to and belong to\\nthe several towns, cities and villages through which such\\nroad shall pass. And it shall be the duty of the several\\ntowns, cities and villages acquiring any road under this\\nact to immediately lay out and declare the same a free\\npublic highway. And it shall be the duty of the several\\ntowns, cities and villages, to maintain and work every road\\nacquired under the provisions of this act in the same man\u00c2\u00ac\\nner as the other roads of such towns, cities and villages\\nare maintained and worked. And any town, city or village\\nmay borrow money in the manner provided by law for the\\npurpose of improving or repairing the same.\\nAmended by L. 1896, ch. 964.\\n140. Taxation and exemption .\u00e2\u0080\u0094So much of any\\nbridge or toll-house of any bridge corporation as may be\\nwithin any town, city or village, shall be liable to tax\u00c2\u00ac\\nation therein as real estate. Toll-houses and other fix\u00c2\u00ac\\ntures and all property belonging to any plank-road or\\nturnpike corporation shall be exempt from assessment and\\ntaxation for any purpose until the surplus annual receipts\\nof tolls on its road over necessay repairs and a suitable\\nreserve fund for repairs or relaying of plank, shall exceed\\nseven per cent per annum on the first cost of the road.\\nIf the assessors of any town, village or city and the cor\u00c2\u00ac\\nporation disagree concerning any exemption claim, the\\ncorporation may appeal to the county judge of the county\\nin which such assessment is proposed to be made, who\\nshall, after due notice to both parties, examine the books\\nand vouchers of the corporation, and take such further\\nproof as he shall deem proper, and decide whether such\\ncorporation is liable to taxation under this section, and\\nhis decision shall be final.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0295.jp2"}, "296": {"fulltext": "254\\nThe Highway Law of New York.\\nHauling logs and timber.\\n141. Hauling logs and timber .\u00e2\u0080\u0094Any person who\\nshall draw or haul or cause to be drawn or hauled, any\\nlogs, timber or other material upon the bed of any plank\\nor turnpike road, unless the same shall be entirely elevated\\nabove the surface of the road on wheels or runners, and\\nthe road-bed shall be injured thereby, or who shall do or\\ncause to be done an act by which the road-bed, or any\\nditch, sluice, culvert or drain appertaining to any turn\u00c2\u00ac\\npike or plank-road shall be injured or obstructed, or shall\\ndivert or cause to be diverted, any stream of water so as\\nto injure or endanger any part of such road, shall forfeit\\nto the corporation the sum of five dollars for every offense\\nin addition to the damages resulting from the wrongful\\nact.\\n142. Encroachment of fences Whenever the\\npresident or secretary of any turnpike or plank-road cor\u00c2\u00ac\\nporation shall notify any inspector of such roads in the\\ncounty where situated that any person is erecting or has\\nerected any fence or other structure upon any part of the\\npremises lawfully set apart for any such turnpike or plank-\\nroad, the inspector shall examine into the facts and order\\nthe fence or other structure to be removed if it shall appear\\nto be upon any part of any such road, and any person\\nneglecting or refusing to remove the same within twenty\\ndays or such further time not exceeding three months, as\\nmay be fixed by the inspector, shall forfeit to the corpora\u00c2\u00ac\\ntion the sum of five dollars for every day, during which\\nthe fence or other structure shall remain upon such road,\\nbut no such order shall require the removal of any fence,\\npreviously erected, between the first day of December and\\nthe first day of April.\\n143. Penalty for fast driving over bridges. \u00e2\u0080\u0094Any\\nplank-road, turnpike or bridge corporation may put up and", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0296.jp2"}, "297": {"fulltext": "The Highway Law of New York.\\n255\\nActs of directors prohibited.\\nmaintain at conspicuous places at each end of any bridge,\\nowned or maintained by it, the length of whose span is\\nnot less than twenty-five feet, a notice with the following\\nwords in large characters: \u00e2\u0080\u009cOne dollar fine for riding or\\ndriving over this bridge faster than a walk.\u00e2\u0080\u009d Whoever\\nshall ride or drive faster than a walk, over any bridge,\\nupon which such notice shall have been placed, and shall\\nthen be, shall forfeit to the corporation the sum of one\\ndollar for everv such offense.\\n144. Acts of directors prohibited .\u00e2\u0080\u0094No director of\\nany such corporation shall be concerned, directly or indi\u00c2\u00ac\\nrectly, in any contract for making or working \u00e2\u0080\u0099any road\\nbelonging to it during the tim3 he shall be a director. No\\ncontractor for the making of such road, or any part thereof,\\nshall make a new contract for the performance of his work,\\nor any part of it, other than by hiring hands, teams, car\u00c2\u00ac\\nriages or utensils to be superintended and paid by himself,\\nunless such new contract and its terms be laid before the\\nboard of directors and be approved by them.\\n145. Actions for penalties .\u00e2\u0080\u0094No action to recover\\nany penalty against any turnpike or plank-road corpora\u00c2\u00ac\\ntion, shall be commenced or maintained against it, or any\\nof its officers or agents, unless commenced within thirty\\ndays after the penalty was incurred.\\n146. JProof of incorporation In any action\\nbrought by or against any domestic turnpike or plank-\\nroad corporation, which shall have been in actual opera\u00c2\u00ac\\ntion, and in possession of a road upon which it has taken\\ntoll for five consecutive years, next preceding the com\u00c2\u00ac\\nmencement of the action, parol proof of such corporate\\nexistence and use shall be sufficient to establish the incor-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0297.jp2"}, "298": {"fulltext": "256\\nThe Highway Law of New York.\\nWhen stockholders to be directors.\\nporation of the corporation, for all the puposes of the\\naction, unless the opposing party shall set up a claim in\\nhis complaint or answer duly verified of title in himself to\\nthe road, or some part thereof stating the nature of his title\\nand right to the immediate possession and use thereof.\\n147. When stockholders to be directors .\u00e2\u0080\u0094When\\nthe whole number of stockholders in any turnpike or plank-\\nroad corporation shall not exceed the number of directors\\nspecified in the certificate of incorporation, each stock\u00c2\u00ac\\nholder shall be a director of such corporation, and the\\nstockholders shall constitute the board of directors, what\u00c2\u00ac\\never may be their number, and a majority thereof shall\\nbe a quorum for the transaction of business.\\n148. j Dissolution of corporation .\u00e2\u0080\u0094Every turnpike,\\nplank-road or bridge corporation may be dissolved by the\\nlegislature when, by the income arising from tolls, it shall\\nhave been compensated for all moneys expended in pur\u00c2\u00ac\\nchasing, making, repairing and taking care of its road,\\nand have received in addition thereto an average annual\\ninterest at the rate of ten per cent., and on such dissolu\u00c2\u00ac\\ntion all the rights and property of the corporation shall\\nvest in the people of the state. Any such corporation,\\nwhich shall not within two years from the filing of its cer\u00c2\u00ac\\ntificate of incorporation, have commenced the construction\\nof its road or bridge and actually expended thereon ten\\nper cent of its capital, or which shall not within five\\nyears from such filing have completed its road or bridge,\\nor, in case such bridge is destroyed, shall not rebuild the\\nsame within five years, or which, for a period of five con\u00c2\u00ac\\nsecutive years shall have neglected or omitted to exercise\\nits corporate functions shall be deemed dissolved. Where\\nthe corporation has neglected or omitted for five years to", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0298.jp2"}, "299": {"fulltext": "The Highway Law of New York.\\n257\\nTowns must pay for lands not originally a highway.\\nexercise its corporate functions, and its road-bed or right\\nof way shall have been used as a public highway for that\\nperiod, or where any such corporation shall have become\\ndissolved, or where the road or any part of it of a turn\u00c2\u00ac\\npike or plank-road corporation, or the bridge of any bridge\\ncorporation, shall have been discontinued, such road-bed\\nor right of way, and such discontinued road or bridge, and\\nthe road or bridge of any such dissolved corporation, shall\\nthereafter be a public highway, with the same effect as if\\nlaid out by the commissioners of highways of the town,\\nand be subject to the laws relating to highways and the\\nerection, repairing and preservation of bridges thereon.\\nSee County Law, 80, Appendix.\\n149. Towns must pay for lands not originally a\\nhighway .\u00e2\u0080\u0094When the corporate existence of any plank-\\nroad or turnpike corporation shall have ceased by limita\u00c2\u00ac\\ntion of time, or where any judgment of ouster or dissolu\u00c2\u00ac\\ntion, or restraining the exercise of its franchise has been\\nrendered in any action against it, such portion of the line\\nof its road as was built over lands which were originally\\npurchased by it and not previously a public highway shall\\nnot be used as a public highway, nor be taken possession\\nor control of by the town in which the same may be, or by\\nany of the authorities thereof or be claimed or worked or\\nused as a public highway until the town shall pay over\\nto the treasurer, receiver or other legal representatives of\\nthe corporation, or its assigns, the principal sum of the\\namounts paid by it for such lands, as shown by the deeds\\nof conveyance thereof to it, and every such judgment shall\\nprovide accordingly. Such payments shall be made within\\nthree months after the expiration of the corporate exis\u00c2\u00ac\\ntence of the corporation, or if any such judgment has been\\nor shall be rendered within three months after service of\\n17", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0299.jp2"}, "300": {"fulltext": "258\\nThe Highway Law of New York.\\nHighway labor upon line of plank-road or turnpike.\\nwritten notice of the entry thereof on the supervisor of the\\ntown, and the person receiving such payment shall exe\u00c2\u00ac\\ncute a proper discharge therefor and a conveyance to the\\ntown of all the title and interest which the corporation had\\nin such lands at the expiration of its corporate existence.\\n150. Highway labor upon line of planlz-road or\\nturnpike* \u00e2\u0080\u0094Every person liable for highway labor living\\nor owning property on the line of any plank-road or turn\u00c2\u00ac\\npike may, on written application to the commissioners of\\nhighways of the town, on any day previous to making out\\nthe highway warrant by the commissioners, be assessed\\nfor the highway labor upon his property upon the line of\\nsuch road, in the discretion of the commissioners to be\\nworked out upon the line of such road as a separate road\\ndistrict, and the commissioners shall make a separate list\\nof the persons and property so assessed, as for a separate\\nroad district, and deliver the same to one of the directors\\nof the corporation owning such road, who shall cause such\\nhighway labor to be worked out on such road in the same\\nmanner that oversees* of highways are required to do,\\nand such directors shall possess the powers and have the\\nauthority to compel the performance of such highway\\nlabor for the payment of the tax therefor as such over\u00c2\u00ac\\nsees now have bylaw, and shall make like returns to\\nthe commissioners of highways, and any person so assessed\\nmay commute for the highway labor assessed upon him or\\nhis property by paying the sum now fixed by law as the\\ncommutation for such highway labor.\\n151. Extension of corporate existence .\u00e2\u0080\u0094No turn\u00c2\u00ac\\npike, plank-road or bridge corporation shall extend its\\ncorporate existence, pursuant to the provisions of the\\nSo in the original.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0300.jp2"}, "301": {"fulltext": "The Highway Law of New York.\\n259\\nExtension of corporate existence.\\ngeneral corporation law, without the written consent of\\nthe persons owning at least two-thirds of its capital stock,\\nnor without the consent of the board of supervisors of each\\ncounty in which any part of its road or bridge is situated,\\nwhich consent shall be given by a resolution of the board\\nadopted at any regular or special meeting, and a copy of\\nsuch resolution, certified by the clerk of the board, or\\nverified by the affidavit of some member thereof, together\\nwith such consent of the stockholders, and a statement\\nverified by the affidavit of the president and treasurer of\\nthe corporation, showing the actual capital expended upon\\nthe construction of the road, exclusive of repairs, the\\nname of each town or ward through or into which the road\\npasses, and, if any part of the road shall have been aban\u00c2\u00ac\\ndoned, the actual cost of the remaining part, exclusive of\\nrepairs, shall be filed with the certificate of the contin\u00c2\u00ac\\nuance of the corporate existence. No further abandon\u00c2\u00ac\\nment of any road belonging to a corporation whose cor\u00c2\u00ac\\nporate existence has been so extended shall be made,\\nexcept with the consent of a majority of the board of\\nsupervisors of the county in which the abandoned portion\\nof the road may lie, which consent shall be filqd in the\\noffice of the clerk of the county.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0301.jp2"}, "302": {"fulltext": "260\\nThe Highway Law of New York.\\nNavigation law.\\nNAVIGATION LAW.\\nARTICLE V.\\nRivers and Streams as Public Highways.\\nSection 70. Dams and bridges.\\n71. Booms, etc., to be opened on notice, penalty for failure.\\n72. Shutes and aprons in connection with dams, etc., damages\\nto be paid.\\n73. Marks on logs and timber to be recorded.\\n74. Persons prohibited from landing logs, etc.\\n75. Undertakings of persons floating lumber and logs.\\n76. Application of article.\\nSection 70. Dams and bridges .\u00e2\u0080\u0094No dam shall be\\nerected oil any river or stream in this state, recognized by\\nlaw or use as a public highway for the purpose of floating\\nand running lumber, logs or other timber, over or upon\\nthe same, unless there be built in such dam an apron, at\\nleast fifteen feet in width, in the middle of the current of\\nsuch river or stream, of a proper slope for the safe pass\u00c2\u00ac\\nage of lumber, logs and other timber. No bridge shall be\\nbuilt over any such river or stream in such a manner as\\nto obstruct or prevent the free and uninterrupted passage\\nof lumber, logs and other timber down and along such\\nriver or stream.\\n71. Booms, etc., to be opened on notice; penalty\\nfor failure .\u00e2\u0080\u0094Every person who shall build any boom or\\nother obstruction in the waters of any river or stream, for", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0302.jp2"}, "303": {"fulltext": "The Highway Law of New York.\\n261\\nShutes and aprons in connection with dams, c., damages to be paid.\\nthe purpose of stopping or securing lumber, logs or other\\ntimber, shall within ten days after the receipt of a written\\nnotice from any person who shall have lumber, logs or\\nother timber to transport on such river or stream, open\\nsuch boom or remove such obstruction or part thereof so\\nas to permit the assorting and passage of such lumber,\\nlogs and other timber through and down such river or\\nstream. Every person who wilfully obstructs, by booms\\nor otherwise, the channel of any river or stream so as to\\nhinder or delay the free passage of lumber, logs or timber\\nover or through the same, shall be liable to a penalty of\\nfifty dollars for each day of the continuance of such ob\u00c2\u00ac\\nstruction, to be recovered by the person aggrieved thereby,\\nand in addition to such penalty, shall be liable for all\\ndamages caused by such obstruction.\\n72. Shiites and aprons in connection with dams,\\netc., damages to be paid .\u00e2\u0080\u0094Any person desiring to float\\nor run lumber, logs or timber down a river or stream,\\nrecognized by law or use as a public highway, may con\u00c2\u00ac\\nstruct a shute or apron in connection with any dam across\\nsuch river or stream, and may reconstruct any booms or\\nother works already constructed in, over or across such\\nriver or stream, in such manner as to allow lumber, logs\\nor other timber to pass the same, and may remove obstruc\u00c2\u00ac\\ntions in such river or stream and construct such other\\npiers, booms or other works as may be necessary for the\\npassage of lumber, logs or other timber over and through\\nthe channels of such river or stream. In such construc\u00c2\u00ac\\ntions no injury or damage shall be done to the owner or\\noccupant of any such booms, dams or other works, or to\\nthe owner or occupant of any land on which such piers,\\nbooms or other works are constructed, or lands flooded\\nthereby. Every such person shall pay to the owner or\\noccupant of such lands all damages he may sustain by", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0303.jp2"}, "304": {"fulltext": "The Highway Law of New York.\\n262\\nMarks on logs and timber to be recorded.\\nreason of the construction of such piers, booms, or other\\nworks, or the flooding of lands thereby. In case the\\namount of such damages can not be agreed upon by the\\nparties interested, the same shall be appraised by three\\ncommissioners to be appointed by the county judge of the\\ncounty in which the owner or occupant claiming damages\\nshall reside, on the application of any person interested in\\nthe appraisal of such damages, on three days\u00e2\u0080\u0099 notice in\\nwriting to the opposite parties of the time and place of\\nmaking such application. Any person making claim for\\ndamages under this article, shall apply within one year\\nafter the occurrence of the same, or be debarred from re\u00c2\u00ac\\ncovering the same. This article shall apply to all booms\\nor other works heretofore or hereafter constructed, but\\nshall not be constructed so as to impair or abridge any\\nprivate or individual rights, except so far as may be nec\u00c2\u00ac\\nessary for the improvement of rivers and streams, for\\nfloating or running lumber, logs or other timber down the\\nsame.\\n73. Marks on logs and timber to be recorded\\nEvery person who shall run any logs or timber down any\\nriver or stream recognized by law or use as a public high\u00c2\u00ac\\nway, shall select some mark different from any mark\\npreviously recorded, and shall put the same on each log\\nor stick of timber in some conspicuous place, and shall\\ncause such mark to be recorded in the county clerk\u00e2\u0080\u0099s office\\nof each county in or through which such river or stream\\nruns. The county clerk shall be entitled to the sum of\\nfifty cents for recording such mark, to be paid by the per\u00c2\u00ac\\nson having the same recorded, and a copy of said entry,\\ncertified by the clerk, shall be presumptive evidence that\\nthe logs or timber so marked are the property of the per\u00c2\u00ac\\nson by whom such mark was selected and recorded.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0304.jp2"}, "305": {"fulltext": "The Highway Law of New York.\\n263\\nPersons prohibited from landing logs, etc.\\n74. Persons prohibited f rom landing logs, etc\\nNo person shall stop, take up or draw to, or lodge on the\\nshore of any river or stream used for floating logs, timber\\nor lumber, or on any island therein, any lumber, logs,\\ntimber, boards or planks floating in such river or stream,\\nwithout the consent of the owner thereof. Any person\\nviolating the provisions of this section shall for each vio\u00c2\u00ac\\nlation forfeit to the person aggrieved thereby the sum of\\nten dollars, and in addition thereto shall be liable to the\\nowner of such logs, timber or lumber for all damages sus\u00c2\u00ac\\ntained thereby.\\n75. Undertakings of persons floating lumber\\nand logs .\u00e2\u0080\u0094Every person intending to float or run lumber,\\nlogs or other timber upon any river or stream recognized\\nby law or use as a public highway, shall execute a bond to\\nthe people of the state with sufficient sureties in the sum\\nof five thousand dollars as an indemnity against all loss\\nand damage that may be caused to any property, by reason\\nof the use of such river or stream as provided in this\\narticle, and such bond may be sued upon by any person\\nsuffering such loss or damage. Such bond shall be\\napproved by the county judges of the counties through\\nwhich such river or stream flows and shall be filed in one\\nof the offices of the clerks of such counties, and certified\\ncopies thereof in the other of such offices. No person shall\\nfloat or run any lumber, logs or timber upon such streams\\nuntil such bond shall have been executed, approved and\\nfiled.\\n76. Application of article .\u00e2\u0080\u0094This article shall not\\napply to the Hudson river, the Alleghany river and its\\ntributaries; nor the Delaware river and its tributaries,\\nnor the waters located in Franklin county, nor the Beaver", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0305.jp2"}, "306": {"fulltext": "264\\nThe Highway Law of New York.\\nApplication of article.\\nriver and its tributaries, nor the Oswegatchie and its trib\u00c2\u00ac\\nutaries, nor the Grass river and its tributaries, nor the\\nRaequette river and its tributaries, nor the West Canada\\ncreek and its tributaries, nor the Black river and its tribu\u00c2\u00ac\\ntaries above its junction with the Moose river, nor the\\nwaters located in Lewis county used for floating or driving\\nlogs or lumber; nor be construed to repeal any existing\\nlaw now applicable to any creek or river in this state.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0306.jp2"}, "307": {"fulltext": "The Highway Law of New York.\\n265\\nCanal law.\\nCANAL LAW.\\n110. Alteration of roads ,\u00e2\u0080\u0094If the superintendent of\\npublic works, or assistant superintendent having charge of\\nthe work, deems it necessary to discontinue or alter any\\npart of a public road, because of its interference with the\\nproper location or construction of any work on the canals,\\neither of construction, repairs or improvement, he shall\\ndirect such discontinuance or alteration to be made, and\\nfile an accurate description of the part of such road so dis\u00c2\u00ac\\ncontinued and laid out anew in the office of the town clerk\\nof the town in which the same is situated; and from the\\ntime of filing such description, such road shall be so\\naltered.\\nThe passage of the part of such road so discontinued or\\naltered shall not be obstructed until such superintendent or\\nhis assistant opens and works the part of such road so laid\\nout anew, as to render the same passable. The written\\ncertificate of a justice of the peace of the county in which\\nsuch road is situated that the part so laid out anew has\\nbeen so opened and worked, shall be sufficient evidence\\nthereof. Every alteration made by any engineer on any\\npublic road upon either of the canals before the first day\\nof January, 1828, shall be deemed valid in law from the\\ntime of such alteration.\\n111. Farm md road hridyes .\u00e2\u0080\u0094The superintendent\\nof public works is authorized and required to construct\\nand hereafter maintain, at the public expense, road and\\nstreet bridges over the canals, in all places where such\\nbridges were constructed prior to the 20th day of April.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0307.jp2"}, "308": {"fulltext": "266\\nThe Highway Law of New York.\\nCommutation for bridges.\\n1839, if, in his opinion, the public convenience requires\\nthat they should be continued, whether theretofore main\u00c2\u00ac\\ntained at the expense of the state or of the towns, villages\\nand cities where they are situate.\\nThe superintendent is authorized to construct farm\\nbridges over such canals when the same, in his opinion,\\nare reasonably required, having reference to the accom\u00c2\u00ac\\nmodation of the owners of the land and a due regard to\\neconomy to the state and the convenience of navigation.\\nBut this provision does not abridge the power of the super\u00c2\u00ac\\nintendent in relation to streets, roads and bridges as pre\u00c2\u00ac\\nscribed by law on the date above specified.\\nWhen a farm bridge is constructed in lieu of one there\u00c2\u00ac\\ntofore maintained by the owner of the land and damages\\nare claimed by such owner for the appropriation of lands\\nor other injury done in the enlargement of the canals, the\\nbenefit derived by the owner by being relieved from the\\nexpense of maintaining the farm bridge over the canal\\nshall be set off against any damages so claimed.\\n112. Commutation for bridges .\u00e2\u0080\u0094The superintend\u00c2\u00ac\\nent of public works may commute with owners and claim\u00c2\u00ac\\nants of bridges over any canal, by paying such owner or\\nclaimant such sum in lieu of a bridge as may be agreed on\\nbetween the claimant and the superintendent. If, in the\\nopinion of the superintendent, a bridge should not be re\u00c2\u00ac\\nbuilt, and the amount to be so paid be not agreed upon,\\nthe bridge shall not be built, but the damages sustained\\nby such owner by being deprived of such bridge, and\\nwhich the state under all the circumstances ought of right\\nto pay, shall be ascertained in the same manner as dam\u00c2\u00ac\\nages for the appropriation of real property for the use of\\nthe canals, and paid by the superintendent. If the dam\u00c2\u00ac\\nages be claimed for the deprivation of a bridge which the\\nclaimant had before constructed or maintained, the cir-", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0308.jp2"}, "309": {"fulltext": "The Highway Law of New York.\\n267\\nPrivate road in lieu of bridge.\\ncumstance of his being equitably bound to contribute pro\u00c2\u00ac\\nportionately towards the construction and maintenance of\\nan enlarged bridge shall be taken into consideration and\\na proper amount on that account shall be set off against\\nany damage to which the claimant might otherwise be\\nentitled.\\n113. Private road in lien* of bridge .\u00e2\u0080\u0094If the super\u00c2\u00ac\\nintendent of public works can not agree with the owner of\\na farm bridge over a canal, as to the amount of commuta\u00c2\u00ac\\ntion, in any case where such superintendent is of opinion\\nthat the state should erect such bridge, and such superin\u00c2\u00ac\\ntendent determines that a private road through adjoining\\nlands will sufficiently accommodate such owner and that\\nthe same can be laid out 4 with economy to the state, he\\nmay apply to the commissioners of highways of the town\\nto lay out a private road for the accommodation of the\\nowner, in the manner prescribed by law for laying out\\nprivate roads, and pay to the owner of the lands through\\nwhich the same is laid out the damages assessed.\\n114. Iron bridges .\u00e2\u0080\u0094When the construction of an\\niron bridge over a canal is ordered by the legislature, or\\nrequired by the superintendent of public works, the state\\nengineer shall prepare a plan and general specifications\\nfor the construction of such bridge and submit the plan to\\nthe canal board. On obtaining the certificate of adoption\\nby the canal board he shall file the plan so approved in his\\noffice and a copy thereof in the office of the superintendent\\nof public works, who shall then advertise for proposals\\nfor the work, and award the contract to the lowest respon\u00c2\u00ac\\nsible bidder.\\nSo in the original.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0309.jp2"}, "310": {"fulltext": "268\\nThe Highway Law of New York.\\nModels and location of bridges.\\n115. Models and location of bridges .\u00e2\u0080\u0094No bridge\\nshall be constructed across any canal without first obtain\u00c2\u00ac\\ning for the model and location thereof the written consent\\nof the superintendent of public works or of a superinten\u00c2\u00ac\\ndent of repairs upon that line of the canal which is inter\u00c2\u00ac\\nsected by the road or highway of which the bridge is to be\\na part.\\nEvery person undertaking to construct or locate any\\nsuch bridge without such consent and placing any\\nmaterials for that purpose upon either bank of the canal or\\nupon the bottom thereof, shall forfeit to the state the sum\\nof fifty dollars, and the superintendent of public works or\\nany assistant superintendent, superintendent of repairs or\\nengineer may remove all such materials as soon as they\\nare discovered, wholly without the banks of the canal.\\n116. j Restriction on the construction of farm and\\nroadbridged .\u00e2\u0080\u0094A person shall not be entitled to demand\\na farm bridge across a canal or feeder where the necessity\\nor convenience of such bridge shall have arisen from the\\ndivision or acquisition of property subsequent to the loca\u00c2\u00ac\\ntion of such canal or feeder. A street or road bridge\\nshall not be constructed by the superintendent of public\\nworks over a canal or feeder, except upon such streets or\\nroads as were laid out, worked or used previously to the\\nconstruction of the canal or feeder by which such street or\\nroad was or is obstructed; and when bridges are con\u00c2\u00ac\\nstructed or reconstructed upon any such streets or roads,\\nthe cost to the state shall in no case be more than is\\nrequired to preserve in a safe and susbtantial manner the\\ncontinuity of such streets or roads so as not to unneces\u00c2\u00ac\\nsarily impair their usefulness.\\nWhen a bridge of a more costly nature is desired by the\\nlocal authorities of a city, town, or village within whose\\ncorporate limits a bridge is to be built or rebuilt, the super\u00c2\u00ac\\nintendent of public works,on presentation to him by such", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0310.jp2"}, "311": {"fulltext": "The Highway Law of New York.\\n269\\nConstruction of bridges by municipal corporations.\\nlocal authorities of plans and specifications for such\\nbridge, approved by the state engineer, shall estimate and\\ndetermine the proportion of the cost, which, in order to\\npreserve the continuity of such streets and roads, the state\\nought equitably to pay, and file such estimate and deter\u00c2\u00ac\\nmination in his office and a duplicate thereof in the office\\nof the clerk of such city, town or village, and no more\\nthan such proportion of the cost shall be appropriated by\\nthe legislature for such purpose, and then only on con\u00c2\u00ac\\ndition that such city, town or village shall pay the remain\u00c2\u00ac\\nder of such cost. If a priavte road or public highway is\\nlaid out by legal authority in such direction as to require\\nthe erection of a new bridge over a canal for the accommo\u00c2\u00ac\\ndation of the road, such bridge shall be so constructed and\\nforever maintained at the expense of the town or city in\\nwhich it shall be situated.\\n117. Construction of bridges by municipal cor\u00c2\u00ac\\nporations .\u00e2\u0080\u0094A town, village or city upon the line of any\\ncanal, at its own cost and expense, with the consent and\\nunder the direction of the superintendent of public works,\\nmay erect and maintain at any point within its limits,\\nwhere a bridge is not maintained by the state, such bridge\\nacross such canal, of such kind, dimensions and materials,\\nand with such approaches as such superintendent approves,\\nat the proper cost and expense of such town,village or\\ncity, at any point where there is not now a bridge built\\nand maintained by the state. If such bridge shall be a\\nhoist, lift or swing-bridge, and requires the constant atten\u00c2\u00ac\\ndance of bridge tenders to manage and work it, the super\u00c2\u00ac\\nintendent may appoint and remove such bridge tenders as\\nhe deems necessary, and the expenses and wages thereof\\nshall be paid to the superintendent by such town or village\\nwhen he may require it, to be paid by him to such bridge\\ntenders, and all the cost of material, power or tools neces-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0311.jp2"}, "312": {"fulltext": "270\\nThe Highway Law of New York.\\nConstruction of lift, hoist or swing-bridge by city.\\nsary for the tending of such bridge shall be paid for by\\nsuch town or village on demand therefor by the superin\u00c2\u00ac\\ntendent.\\n118. Construction of lift, hoist or swing-bridge\\nby city .\u00e2\u0080\u0094The common council of any city may provide by\\nordinance for the erection of a lift, hoist or swing-bridge\\nover a canal at any street in such city, and, if the superin\u00c2\u00ac\\ntendent of public works consents to such erection, in\\nwriting, filed with the clerk of such common council, may\\nlevy and assess the cost of the construction of such bridge\\non the property benefited thereby. Such bridge shall be\\nbuilt, operated and maintained under the supervision and\\ncontrol of such superintendent, but at the expense of such\\ncity or of the property adjudged by the common council\\nthereof to be so benefited.\\n17 6\\nA person who leads, rides or drives any horse or mule\\nfaster than a walk over any bridge belonging to or under\\nthe control of the state, over any canal, canal feeder,\\nstream or river thereof, or drives any cattle across any\\nsuch bridge at a faster rate than a walk, or permits more\\nthan twenty-five cattle to be upon such bridge at any one\\ntime, shall forfeit to the state the sum of fifteen dollars,\\nto be sued for by the superintendent of canal repairs, and\\nwhen recovered to be accounted for by him to the commis\u00c2\u00ac\\nsioners of the canal fund.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0312.jp2"}, "313": {"fulltext": "The Highway Law of New York.\\n271\\nRailroad law.\\nRAILROAD LAW.\\n4. Additional powers conferred. \u00e2\u0080\u0094Subject to the\\nlimitations and requirements of this chapter, every rail\u00c2\u00ac\\nroad corporation, in addition to the powers given by the\\ngeneral and stock corporation laws, shall have power.\\n4. Intersection of streams, highways plank-roads\\nturnpikes and canals.\u00e2\u0080\u0094 To construct its road across,\\nalong or upon any stream, water-course, highway, plank-\\nroad, turnpike, or across any of the canals of the state,\\nwhich the route of its road shall intersect or touch.\\n11. Intersection of highways, additional lands\\nfor. \u00e2\u0080\u0094No railroad corporation shall erect any bridge or\\nother obstruction across, in or over any stream or lake?\\nnavigated by steam or sail boats at the place where it may\\nbe proposed to be erected, nor shall it construct its road in,\\nupon or across any street of any city without the assent of\\nthe corporation of such city, nor across, upon or along any\\nhighway in any town or street in any incorporated village,\\nwithout the order of the supreme court of the district in\\nwhich such highway or street is situated, made at a special\\nterm thereof, after at least ten days\u00e2\u0080\u0099 written notice of\\nthe intention to make application for such order shall have\\nbeen given to the commissioners of highways of such\\ntown, or board of trustees of the village in which such\\nhighway or street is situated. Every railroad corporation\\nwhich shall build its road along, across or upon am?\\nstream, water-course, street, highway, plank-road or", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0313.jp2"}, "314": {"fulltext": "272\\nThe Highway Law ok New York.\\nCorporation may lay down railroad tracks.\\nturnpike, which the route of its road shall intersect or\\ntouch, shall restore the stream or water-course, street,\\nhighway, plank-road and turnpike, thus intersected or\\ntouched, to its former state, or to such state as not to\\nhave unnecessarily impaired its usefulness, and any such\\nhighway, turnpike or plank-road may be carried by it,\\nunder or over its track, as may be found most expedient.\\nWhere an embankment or cutting shall make a change in\\nthe line of such highway, turnpike or plank-road desir\u00c2\u00ac\\nable, with a view to a more easy ascent or descent, it may\\nconstruct such highway, turnpike or plank-road, on such\\nnew line as its directors may select, and may take addi\u00c2\u00ac\\ntional lands therefor by condemnation if necessary. Such\\nlands so taken shall become part of such intersecting high\u00c2\u00ac\\nway, turnpike or plank-road, and shall be held in the\\nsame manner and by the same tenure as the adjacent\\nparts of the highway, turnpike or plank-road are held for\\nhighway purposes. Every railroad corporation shall\\npay all damages sustained by any turnpike or plank-road\\ncorporation in consequence of its crossing or occupation\\nof any turnpike or plank-road, and in case of inability to\\nagree upon the amount of such damages it may acquire\\nthe right to such crossing or occupation by condemnation.\\n20. Individual, joint stock association, or other\\ncorporation may lay down and maintain railroad\\ntracks in certain cases .\u00e2\u0080\u0094Any individual, joint stock\\nassociation or corporation, engaged in any lawful business\\nin this state, may, except in any city of the state, lay\\ndown and maintain such railroad tracks on or across any\\nstreet or highway, not exceeding three miles in length, as\\nshall be necessary for the transaction of its business, and\\nto connect any place of business owned by them with the\\ntrack of any railroad corporation, and render such place\\nof business more accessible to the public, upon obtaining", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0314.jp2"}, "315": {"fulltext": "The Highway Law of Hew Yoek.\\n273\\nSign boards and flagmen at crossings.\\nthe written consent of the owners of all the lands bounded\\non and of the local authorities having control of that por\u00c2\u00ac\\ntion of the street or highway, upon which it is proposed\\nto construct or operate such railroad. If the consent of\\nsuch property owners can not be obtained, the general\\nterm of the supreme court of the department in which\\nsuch railroad is to be constructed, may upon application,\\nappoint three commissioners, who shall determine, after\\na hearing of all parties interested, whether such railroad\\nought to be constructed or operated, and the amount of\\ndamages, if any, to be paid to such property owners,\\nand their determination confirmed by the court may be\\ntaken in lieu of the consent of the property owners. But\\nno such railroad shall be so located, graded, built or ope\u00c2\u00ac\\nrated as to interfere with or obstruct the traveled part of\\nany highway, or its use as a highway, or the use of any\\nstreet or highway intersecting the same.\\n33. Sign boards and flagmen at crossings\\nEvery railroad corporation shall cause boards to be placed,\\nwell supported and constantly maintained across each\\ntraveled public road or street, where the same is crossed\\nby its road at grade. They shall be elevated so as not to\\nobstruct travel, and to be easily seen by travelers; and\\non each side shall be painted in capital letters, each at\\nleast nine inches in length and of suitable width, the\\nwords: \u00e2\u0080\u009cRailroad crossing; look out for the cars;\u00e2\u0080\u009d but\\nsuch boards need not be put up in cities and villages,\\nunless required by the officers having charge of the streets.\\nAt any point where a railroad crosses a street, highway,\\nturnpike, plank-road, or traveled way at grade, or where\\na steam railroad crosses a horse railroad at grade, and the\\ncorporation owning or operating such railroad, refuses,\\nupon request of the local authorities to station a flagman\\nor erect gates, to be opened and closed when an engine\\n18", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0315.jp2"}, "316": {"fulltext": "274\\nThe Highway Law of New York.\\nSign boards and flagmen at crossings.\\nor train passes, the supreme court or the county court\\nmay, upon the application of the local authorities and\\nupon ten days\u00e2\u0080\u0099 notice to the corporation, order that a\\nflagman be stationed at such point, or that gates shall be\\nerected thereat, and that a person be stationed to open\\nand close them when an engine or train passes, or may\\nmake such other order respecting the same as it deems\\nproper. Whenever the crossings by a railroad at grade of\\nthe streets, highways, turnpikes, plank-roads, or trav\u00c2\u00ac\\neled ways of any village or city, having a population by\\nthe last state or federal enumeration of less than fifty\\nthousand, shall be protected by gates with persons to\\nopen and close the same, when an engine or train passes,\\nthe local authorities of the city or village shall not impose\\nany limitation, less than forty miles an hour, on the rate\\nof speed at which such engine or train shall be run, or\\nenforce any existing limitation upon such rate of speed,\\nless than forty miles an hour.\\nAmended by L. 1892, ch. 676.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0316.jp2"}, "317": {"fulltext": "The Highway Law of New York.\\n275\\nIndian law.\\nINDIAN LAW.\\n12. Highways on tribal lands .\u00e2\u0080\u0094Commissioners of\\nhighways of towns in which an Indian reservation is\\nwholly or partly situated shall have the same power and\\njurisdiction over the portion of the reservation in their\\nrespective towns, to improve highways already laid out\\ntherein, as is conferred upon such commissioners by the\\nhighway law, except that the written decision of the\\ncommissioners shall be served upon the agent, attorney or\\nsome other officer of the nation, tribe or band occupying\\nsuch reservation; from which decision, such Indians may\\nwithin sixty days after the service thereof, appeal to the\\ncounty judge of the county in which such lands are situ\u00c2\u00ac\\nated, whose decision shall be final. Such commissioners\\nof highways may, with the consent of the tribal or na\u00c2\u00ac\\ntional authorities of the nation, tribe or band occupying\\nsuch reservation, lay out and establish as provided by law,\\nhighways on or across such reservation, and the highway\\ncommissioners of the town shall thereafter be charged\\nwith the maintenance of such road and the bridges thereon.\\nThis section shall not authorize the taxation of an Indian\\nwho is not a citizen.\\n73. General powers and duties of the council\\nThe council of the Seneca nation shall meet annually on\\nthe first Tuesday in June, and in extra session whenever\\ncalled by the president. Ten of the councilors shall be\\nnecessary to constitute a quorum for the transaction of\\nbusiness. The council shall have power,\\n3. To determine on^the laying out and working of roads", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0317.jp2"}, "318": {"fulltext": "276\\nThe Highway Law of New York.\\nGeneral powers and duties of council.\\nand highways, and to make by-laws for the regulation of\\nsuch work.\\nAmended by L. 1893, ch. 229.\\n80. General powers and duties of council .\u00e2\u0080\u0094The\\ncouncil of the Tonawanda nation may determine upon the\\nlaying out and working of roads and highways, and may\\nmake by-laws for the regulation of such work; may pass\\nby-laws and ordinances, not inconsistent with law, for the\\nprotection and improvement of the common land of the\\nnation for the regulation of fences, and for the prevention of\\ntrespasses by cattle and other domestic animals; and may\\nprovide a penalty of not exceeding five dollars, for the\\nviolation or disobedience of any such by-law or ordinance,\\nrecoverable for the benefit of such nation by any chief or\\nofficer thereof, in any justice\u00e2\u0080\u0099s court of the county of\\nGenesee.\\n94. Highway labor .\u00e2\u0080\u0094Such chiefs, in council, may\\nannually, before the first day of July, assess such amount\\nof highway labor as they shall deem just and reasonable,\\nnot exceeding fifteen days in any one year, upon each male\\nIndian of full age. The number of days work and the\\nname of the individual assessed shall be entered upon the\\nroll made and signed by such chiefs or by the president of\\nthe council, under their direction. Such chiefs may also\\ndesignate suitable persons to superintend the highway\\nlabor, and the plan and manner of its application. The\\npersons so designated shall give notice to those assessed to\\nperform such labor, and at least twenty-four hours\u00e2\u0080\u0099 notice\\nof the time of performance. If any person so assessed,\\nafter being notified, shall neglect or refuse to perform such\\nlabor, he shall be liable to a penalty of seventy-five cents\\nfor each day\u00e2\u0080\u0099s labor assessed, to be recovered by an action", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0318.jp2"}, "319": {"fulltext": "The Highway Law of New York.\\n277\\nHighway labor.\\nin the name of the nation, in which action the assessment-\\nroll shall be conclusive evidence of the regularity of the\\nassessment. For the purpose of such action, such Indian\\nshall be regarded as an inhabitant of the town of Lewiston,\\nNiagara county, and the proceedings shall be the same as\\nbetween citizens. Any paper may be served upon such\\nnation as a party by delivering it to any two chiefs per\u00c2\u00ac\\nsonally.\\nThis section applies to the Tuscarora Nation.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0319.jp2"}, "320": {"fulltext": "278\\nThe Highway Law of New York.\\nLaws 1817, chapter 83.\\nMISCELLANEOUS LAWS RELATING\\nTO HIGHWAYS.\\nLAWS 1817, CHAPTER 83.\\nAN ACT relative to state roads.\\nWhereas great inconvenience has arisen from the want\\nof authority in the commissioners of highways, of the sev\u00c2\u00ac\\neral towns in this state, to alter and amend such highways\\nas are laid out by special acts of the legislature, commonly\\ncalled state roads; and in order to prevent application\\nbeing made to the legislature for every alteration in said\\nroads, as are supposed to be necessary,\u00e2\u0080\u0094Therefore,\\nBe it enacted by the people of the State of New York rep\u00c2\u00ac\\nresented in Senate and Assembly That it shall be lawful\\nfor the commissioners of highways of any town in this\\nstate, through which a state road passes, on being\\napplied to by twelve freeholders of such town, and with\\nthe consent of the commissioners of highways of the ad\u00c2\u00ac\\njoining towns through which said road passes, to regulate\\nand alter such road, in the said town, if in their opinion\\nthe public good and convenience shall require the same:\\nProvided however That no such alteration shall alter the\\ngeneral route of the road: And also That the provisions\\nof the act, entitled \u00e2\u0080\u009cAn act to regulate highways,\u00e2\u0080\u009d rela\u00c2\u00ac\\ntive to the alteration and amendment of public roads, shall\\nbe held to extend to such alteration, as aforesaid, of any\\nstate road.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0320.jp2"}, "321": {"fulltext": "The Highway Law of New York.\\n279\\nLaws 1835, chapter 300.\\nLAWS 1835, CHAPTER 300.\\nAN ACT to enlarge the powers of commissioners of high\u00c2\u00ac\\nways.\\nSection 1.\u00e2\u0080\u0094Whenever any association or individual\\nshall construct a railroad upon land purchased for that\\npurpose, on a route which shall cross any road or other\\npublic highway, it shall be lawful for the commissioners\\nof highways, having the supervision thereof, to give a\\nwritten consent that such railroad may be constructed\\nacross, or on such road or other public highway; and\\nthereafter such association or individual shall be author\u00c2\u00ac\\nized to construct and use such railroad across, or on such\\nroads or other highways as the commissioners aforesaid\\nshall have permitted; but any public highway thus inter\u00c2\u00ac\\nsected or crossed by a railroad, shall be so restored to its\\nformer state as not to have impaired its usefulness.\\nLAWS 1853, CHAPTER 62.\\nAN ACT to regulate the construction of roads and streets\\nacross railroad tracks.\\n1. It shall be lawful for the authorities of any city,\\nvillage or town in this state, who are by law empowered\\nto lay out streets and highways, to lay out any street or\\nhighway across the track of any railroad now laid or\\nwhich may hereafter be laid, without compensation to tlie\\ncorporation owning such railroad; but no such street or\\nhighway shall be actually opened for use until thirty days\\nafter notice of such laying out has been served personally\\nupon the president, vice-president, treasurer or a director\\nof such corporation.\\n2. It shall be the duty of any railroad corporation,", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0321.jp2"}, "322": {"fulltext": "280\\nThe Highway Law of New York.\\nLaws 1853. chapter 62.\\nacross whose track a street or highway shall be laid out as\\naforesaid, immediately after the service of said notice, to\\ncause the said street or highway to be taken across their\\ntrack, as shall be most convenient and useful for public\\ntravel, and to cause all necessary embankments, excavation\\nand other work to be done on their road for that purpose;\\nand all the provisions of the act, passed April second,\\neighteen hundred and fifty, in relation to crossing streets\\nand highways, already laid out, by railroads, and in rela\u00c2\u00ac\\ntion to cattle,* guards and other securities and facilities\\nfor crossing such roads, shall apply to streets and high\u00c2\u00ac\\nways hereafter laid out.\\n(The reference in this section to L. 1850, ch. 140, which is repealed, must\\nnow be deemed a reference to the Railroad Law.)\\n3. If any railroad corporation shall neglect or refuse,\\nfor thirty days after the service of the notice aforesaid, to\\ncause the necessary work to be done and completed, and\\nimprovements made on such streets or highways across\\ntheir road, they shall forfeit and pay the sum of twenty\\ndollars for every subsequent day\u00e2\u0080\u0099s neglect or refusal, to be\\nrecovered by the officers laying out such street or high\u00c2\u00ac\\nway, to be expended on the same; but the time for doing\\nsaid work may be extended, not to exceed thirty days, by\\nthe county judge of the county in which such street or\\nhighway, or any part thereof, may be situated, if, in his\\nopinion the said work cannot be performed within the\\ntime limited by this act.\\nSo in the original.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0322.jp2"}, "323": {"fulltext": "The Highway Law of New York.\\n281\\nLaws 18G2, chapter 220.\\nLAWS 1862, CHAPTER 220.\\nRelating to State Asylum for Idiots.\\n10. Exemption of officers ,\u00e2\u0080\u0094The resident officers of\\nthe asylum and all the teachers, attendants and assistants\\nactually employed therein, during the time for such\\nemployment shall be exempt from all assess\u00c2\u00ac\\nments for labor on the highways and the cer\u00c2\u00ac\\ntificate of the superintendent shall be conclusive evidence\\nof such employment.\\nLAWS 1869, CHAPTER 131.\\nAN ACT for the erection and maintenance of watering\\ntroughs in the public highways.\\n2. Abatement of toil on plank-roads for watering\\ntroughs ,\u00e2\u0080\u0094The directors of the several plank-road and\\nturnpike road companies in this state shall annually abate\\nthree dollars from the toll of any inhabitant, not an inn\u00c2\u00ac\\nkeeper, or all of it if in the aggregate not exceeding that\\nsum, who shall construct on his own land, and keep in\\nrepair, a watering trough beside the plank-road or turn\u00c2\u00ac\\npike road as the case may be, well supplied with fresh\\nwater, the surface of which shall be two or more feet above\\nthe level of the ground, and easily accessible for horses\\nwith vehicles; but the commissioners of highways of the\\ntowns respectively shall, and they are hereby invested with\\nfull power and authority to designate those necessary for\\nthe public convenience along said plank-road or turnpike\\nroad, as the case may be, and no others than those desig\u00c2\u00ac\\nnated shall be allowed both such abatement of toll and\\nhighway labor.\\nAdded by L. 1872, ch. 274.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0323.jp2"}, "324": {"fulltext": "282\\nThe Highway Law of New York.\\nLaws 1869, chapter 131.\\n3. Duty of commissioners in case of refusal of\\ndirectors to abate toll; penalty .\u00e2\u0080\u0094In case the directors\\nof any plank-road or turnpike road company in this state,\\nshall refuse or neglect to abate the toll as aforesaid, in\\ncompliance with the provisions of the preceding section,\\nany inhabitant having constructed a watering trough in\\ncompliance therewith, may notify the commissioner or\\ncommissioners of highways, as the case may be, of the\\ntown in which the same had been erected, of such neglect\\nor refusal on the part of the directors aforesaid, whose\\nduty it shall be, and who are hereby invested with full\\npower and authority to proceed, without delay, to an\\nexamination of said watering trough; and if, upon a full\\nexamination of the same, the said commissioner or com\u00c2\u00ac\\nmissioners, as the case may be, or a majority of them,\\nshall deem it necessary for the convenience of the public\\nthat such watering trough ought to be maintained, he or\\nthey, as the case may be, shall forthwith notify the said\\ndirectors accordingly, by serving a written notice on the\\npresident of the company, to that effect, in which the\\nnecessity of its maintenance shall be clearly expressed;\\nand if the said directors shall still refuse or neglect to\\nabate the toll as aforesaid, and shall demand and take toll,\\non application for such abatement, in violation of the\\nprovisions of the preceding section, for the space of thirty\\ndays after the service of such notice, they shall be liable\\nto a penalty of twenty dollars, to be recovered in an action\\nat law at the suit of the person having constructed said\\nwatering trough.\\nAdded by L. 1872, ch. 274.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0324.jp2"}, "325": {"fulltext": "The Highway Law of New York.\\n283\\nLaws 1870, chapter 311.\\nLAWS 1870, CHAPTER 311.\\nAN ACT to provide for repairing and keeping in order\\nhighways streets and roads between cities, towns and vil\u00c2\u00ac\\nlages.\\nSection 1 Whenever a highway, street or road shall\\nbe on the line between a city, town or village, or between\\neither of them, the officers authorized and required to\\nrepair and keep in order the highways, streets and roads\\nin such city, town, and village, shall meet together at\\nthe mayor\u00e2\u0080\u0099s office in such city, if said highway, street or\\nroad be on the line between a city and town or a city and\\nvillage, or at the office of the town clerk of such town, if\\nthe same be on the line between a town and village, on\\nthe first Monday of May in each year, at 12 o\u00e2\u0080\u0099clock M.\\nand divide such highway, street or road, and allot one\\npart thereof to such city and the other to such town or\\nvillage, or one part thereof to such town and the other to\\nsuch village, as the case may be, in such manner that the\\nlabor and expense of working and keeping in repair such\\nhighway, street or road may be equal as near as may be.\\n2. Upon the neglect or failure to attend on the part\\nof the officers of any city, town or village, at the time or\\nplaces designated in the first section of this act for the\\npurposes therein mentioned, the officers of the city, town\\nor village present may perform the said duty, and when\\ndone, the divisions thus made shall be of the same force\\nand effect as if made by the joint action of such city and\\ntown, or such city and village, or such town and village.\\n3. The statement of the division made pursuant to\\nthe provisions of the first or second section of this act\\nshall be reduced to writing and properly authenticated by\\nthe officers making the same, and shall be filed within", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0325.jp2"}, "326": {"fulltext": "284\\nThe Highway Law of New Yoke.\\nLaws 1871, chapter 171.\\nten days after such division is made in the offices of the\\ncity clerk of the city, of the town clerk of the town, and\\nof the clerk of the village, between whom such division\\nhas been made.\\n4. This act shall take effect immediately.\\nLAWS 1871, CHAPTER 171.\\nAN ACT in relation to assessment of highway labor in\\ncertain cases\\nSection 1. In all cases where there is an incorporated\\nvillage or city within the limits of any town, which is by\\nlaw a separate road district, and there shall be any real\\nestate, owned by any person or corporation, situated\\npartly within the limits of such village or city and partly\\nwithout said village or city, it shall be the duty of the\\nassessors of such town, after fixing the valuation of the\\nwhole of such real estate as now b}? law required, to deter\u00c2\u00ac\\nmine what proportion of such valuation is on account of\\nthat part of said real estate lying without the limits of\\nsaid city or village, and designate the same upon their\\nassessment list.\\n2. The valuation of the real estate lying without the\\nlimits of any city or village, so fixed and determined\\nby the assessor, shall be the valuation on which the com\u00c2\u00ac\\nmissioners of highways of towns shall assess highway\\nlabor against the owner or owners of such real estate; and\\nin no case shall the commissioners of highways assess any\\nhighway labor on property situated within the limits of\\nany incorporated city or village which is by law a separate\\nroad district.\\n3. This act shall take effect immediately.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0326.jp2"}, "327": {"fulltext": "The Highway Law of New York.\\n285\\nLaws 1879, chapter 317.\\nLAWS 1879, CHAPTER 317.\\nAN ACT to authorize the laying of pipes in the streets\\navenues and public places in the various cities towns and\\nvillages of the state for heating and other purposes.\\nSection 1 The municipal authorities of the cities,\\ntowns, and villages of the State of New York are hereby\\nauthorized and empowered to carry out the provisions of\\nthis act.\\n2. Any corporation or association formed or organized\\nunder the act entitled \u00e2\u0080\u009cAn act to authorize the formation\\nof corporations for manufacturing, mining, mechanical,\\nor other chemical purposes,\u00e2\u0080\u009d passed February seventeenth,\\neighteen hundred and forty-eight, or under any of the\\namendments to said act, or under the \u00e2\u0080\u009cAct to provide\\nfor the organization and regulation of certain business\\ncorporations,\u00e2\u0080\u009d passed June twenty-first, eighteen hundred\\nand seventy-live, shall have full power to manufacture,\\nfurnish, and sell such quantities of hot water, hot air, or\\nsteam as may be required in the city, town, or village\\nwhere the same shall be located; and such corporation\\nshall have power to lay pipes or conductors for conducting\\nhot water, hot air, or steam through the streets, avenues,\\nlanes, alleys, squares, and highways in such city, village,\\nor town, with the consent of the municipal authorities\\nof said city, town, or village, and under such reasonable\\nregulations aud conditions as they may prescribe; and\\nwhenever any such permission shall be granted, it shall\\nonly be upon the condition that reasonable compensation\\nshall be paid therefor, and upon a further condition that\\na satisfactory bond shall be given to secure the city, town,\\nor village against all damages in the use of said pipes.\\nThe amount of the compensation, and the manner of its\\npayment, and the amount of the bond shall be first fixed", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0327.jp2"}, "328": {"fulltext": "286\\nThe Highway Law of New York.\\nLaws 1881, chapter 344.\\nand determined by said municipal authorities, before any\\npipes, as provided for by this act, shall be laid in any city,\\ntown, or village of this state, and that all such permissions\\nheretofore given by any of said municipal authorities,\\nwhere the above terms have been complied with, are\\nhereby confirmed.\\nLAWS 1881, CHAPTER 344.\\nAN ACT to amend chapter two hundred and fifteen of\\nthe laws of eighteen hundred and seventy-five, entitled\\n\u00e2\u0080\u009cAn act to prevent the mutilation of shade or ornamental\\ntrees.\u00e2\u0080\u009d\\nSection 1 Section one of chapter two hundred and fif\u00c2\u00ac\\nteen of the laws of eighteen hundred and seventy-five,\\nentitled \u00e2\u0080\u009cAn act to prevent the mutilation of shade or\\nornamental trees,\u00e2\u0080\u009d is hereby amended so as to read as\\nfollows:\\n1. It shall be unlawful for any person or persons\\nwhatsoever, in this state, to hitch any horse or other animal\\nto, or leave the same standing near enough to, to injure\\nany fruit or forest tree that has been transplanted or used\\nas a shade or ornamental tree around any school house,\\nchurch or public building, or along any public highway,\\nor to cut down or mutilate, in any way, any such orna\u00c2\u00ac\\nmental or shade trees; but the right of property owners\\nalong highways to cultivate, train and use such shade trees\\nshall not be impaired or abridged hereby.\\n2. Section two of said act is hereby amended so as to\\nread as follows:\\n2. Any/person or persons guilty of violating the pro-", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0328.jp2"}, "329": {"fulltext": "The Highway Law of New York.\\n287\\nLaws 1883, chapter 113.\\nvisions of section one of this act shall be liable to prosecu\u00c2\u00ac\\ntion by any person, before any justice of the peace in the\\ntown where the offense is committed, and punishable by a\\nfine not exceeding ten dollars, nor less than one dollar,\\nbesides the costs of action for each offense or for each tree\\ncut down or mutilated in violation of the provisions of\\nthis act; and every such penalty, when collected, shall be\\npaid by the justice, one-half to the overseer of the poor of\\nthe town in which recovery was had, and the remainder\\nto complainant, and the same process and means for the\\ncollection of the penalties imposed by this act may be\\nissued and had as are now allowed by law for the collec\u00c2\u00ac\\ntion of damages in actions of tort, but no provision of this\\nact shall operate to interfere with any ordinance of the\\nincorporation of villages and cities of this state, intended\\nto secure the protection of shade trees therein.\\n3. This act shall take effect immediately.\\nLAWS 1883, CHAPTER 113.\\nAN ACT in relation to alterations of highways streets or\\nbridges in incorporated villages.\\nSection 1. iPi Ovision to ascertain damage .\u00e2\u0080\u0094When\u00c2\u00ac\\never the grade of any street, highway or bridge in any\\nincorporated village in this state shall be changed or\\naltered so as to interfere in any manner with any building\\nor buildings situated thereon, or adjacent thereto, or the\\nuse thereof, or shall injure or damage the real property\\nadjoining such highway so changed or altered, the owner\\nor owners of such building or real estate may apply to the\\nsupreme court in the judicial district in which such prop\u00c2\u00ac\\nerty is situated for the appointment of three commissioners", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0329.jp2"}, "330": {"fulltext": "23S\\nThe Highway Law of New York.\\nLaws 1883, chapter 113.\\nto ascertain and determine the amount of damage sus\u00c2\u00ac\\ntained thereby; due notice of such application shall be\\ngiven to the person or persons having competent authority\\nto make such change or alteration.\\n2. Condemnation law to apply .\u00e2\u0080\u0094All the provi\u00c2\u00ac\\nsions of the condemnation law relative to the appointment\\nof commissioners, their powers, duties, fees and expenses,\\nshall be applicable to the appointment of, and the powers,\\nduties, fees and expenses of the commissioners appointed\\nin pursuance of the provisions hereof; but it shall be the\\nduty of said commissioners in assessing and ascertaining\\nthe damages sustained by property owners adjoining such\\nstreet or highway to take into consideration and to ascer\u00c2\u00ac\\ntain the value of any benefits or advantages to the property\\nin consequence of the alteration of the grade; and in all\\ncases the value of such benefits or improvements shall be\\noffset against and deducted from the damages; and no\\nperson or property owner shall be entitled to recover any\\ndamages who shall, in writing, request or assent that the\\nsaid grade of any such street shall be changed or altered.\\nAmended by L. 1884, ch. 281, and by L. 1894, ch. 172.\\n3. Damages a public charge .\u00e2\u0080\u0094All damages ascer\u00c2\u00ac\\ntained and determined under the provisions of this act,\\ntogether with the costs of such proceedings, shall be a\\ncharge, when allowable, upon the village, town or other\\nmunicipality chargeable with the maintenance of the\\nstreet, highway or bridge so altered or changed; but no\\nproperty owner or person instituting proceedings to recover\\ndamages under the provisions of this act shall be entitled\\nto costs, unless the claim for such damages shall have first\\nbeen presented to and rejected by, or neglected to have\\nbeen adjusted Tor thirty days after presentation by the\\ntrustees or other proper officers of said village, town or", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0330.jp2"}, "331": {"fulltext": "The Highway Law of New York.\\n289\\nLaws 1890, chapter 291.\\nmunicipality, nor in case such trustees or other proper\\nofficers shall have made an offer to settle or compromise\\nsuch claim, which offer is declined by said property owner,\\nunless he shall recover more than is so offered; and in\\ncase he fails to recover any damages, or less than offered,\\nhe shall be liable for the costs of such proceeding. When\\neither party is entitled to costs under this section, they\\nshall be the same costs, and at the same rates as prescribed\\nin the condemnation law, and the court may grant an\\nadditional allowance of costs to the prevailing party at the\\nsame rates as provided by the condemnation law.\\nAmended by L. 1884, ch. 281,and by L. 1894, ch. 172.\\nLAWS 1890, CHAPTER 291.\\nAN ACT to authorize towns to raise additional money\\nfor highway purposes and to prevent snow blockade of high\\nivays by the substitution of wire for other fences along the\\nsame.\\nSection 1. It shall be lawful for the commissioner of\\nhighways of any town in this state to apply in open town\\nmeeting for a vote authorizing such sum, not to exceed\\nthree hundred dollars in any one year, to be raised, in\\naddition to the sums now allowed by law, as they may\\ndeem necessary for the purpose specified in the third sec\u00c2\u00ac\\ntion of this act. The same notice shall be given by the\\ncommissioners of their intention to apply for the raising of\\nsuch additional sum as is now required by law for the\\nraising of money for roads and bridges, above the amount\\nof two hundred and fifty dollars.\\n2. If the town meeting shall, by their votes, deter-\\n19", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0331.jp2"}, "332": {"fulltext": "290\\nThe Highway Law of New York.\\nLaws 1890, chapter 291.\\nmine that a sum shall be raised for the purpose specified\\nin this act, the proceedings for certifying and levying, col\u00c2\u00ac\\nlecting and paying the same shall be in all respects the\\nsame as now provided by law for the raising and paying\\nover of money for roads and bridges, above the amount of\\ntwo hundred and fifty dollars.\\n3. The commissioners of highways shall expend the\\nmoney raised under the provisions of this act in the pur\u00c2\u00ac\\nchase of fence wire, in the same manner as other supplies\\nfor highway purposes are bylaw required to be purchased,\\nand no part of such money shall be expended, except for\\nthe purchase of fence wire as aforesaid; and the said com\u00c2\u00ac\\nmissioners are hereby authorized to contract with the\\nowners of the lands lying along the highways of their\\nrespective towns, at such points as are liable to snow\\nblockade, for the removal of the fences now standing along\\nthe boundaries of such highways, and the replacing of such\\nfences with wire fences. And they may contract to deliver\\nto said land owners, fence wire to be used in the construc\u00c2\u00ac\\ntion of such fences, without charge to said land owners,\\nat the place of purchase, but they shall not agree to pay\\nany part of the cost of the removal or construction called\\nfor by said contracts, or to make any payment to said land\\nowners as a compensation for the construction of fences.\\n4. The fences to be built under the provisions of this\\nact, shall be of four strands of wire with a substantial bar\\nof wood at the top; and the construction of said fences,\\nand the size of said top bars and of the posts and supports\\nof said fences, and their distance apart shall be such as\\nsaid commissioners shall prescribe. Whenever such fence\\nor fences shall become so out of repair as to be dangerous\\nto animals passing along the highways, it shall be the", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0332.jp2"}, "333": {"fulltext": "The Highway Law of New Yoek.\\n291\\nLaws 1890, chapter 332.\\nduty of the owner or owners of said fence or fences to\\nimmediately repair or remove the same.\\n5. Whenever the commissioner of highways of any\\ntown shall contract for the removal of any fence, under the\\nprovisions of this act, they shall file in the office of the\\ntown clerk of said town, a description of that portion of\\nthe highway to which said contract shall apply, and there\u00c2\u00ac\\nafter, it shall not be lawful for any person to replace the\\nfence so contracted to be removed, with any fence liable\\nto cause the drifting of snow.\\n8 6. This act shall take effect immediately.\\nLAWS 1890, CHAPTER 332.\\nAN ACT to authorize the supervisor, justices of the peace\\nand town clerk of any town having a population of more\\nthan three thousand, to license and regulate all public hacks,\\nvehicles, venders, shoivs, concerts and public amusements in\\nsuch town.\\nSection 1. The supervisor, justices of the peace and\\ntown clerk of any town having a population as shown by\\nthe last federal or state enumeration, of more than three\\nthousand inhabitants residing outside of an incorporated\\ncity or village, are hereby authorized and empowered to\\nlicense and regulate all public hacks, vehicles, venders,\\nshows, concerts and public amusements in such town,\\noutsid of an incorporated city or village, and to fix the\\nfee to be paid for the persons so licensed to said officers,\\nwhich moneys so collected shall be paid over to the super-\\nSo in the original.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0333.jp2"}, "334": {"fulltext": "292\\nThe Highway Law of New York.\\nLaws 1890, chapter 555.\\nvisor of such town within thirty clays after the receipt of\\nthe same, and the said supervisor shall pay the same over\\nto the commissioners of highways of such towm, to be\\napplied to the necessary repairs of the roads and high\u00c2\u00ac\\nways of such town, after deducting the necessary expenses\\nfor carrying out the provisions of this act.\\nThe remaining sections have no application to highways.\\nLAWS 1890, CHAPTER 555 (APPLICABLE TO\\nRICHMOND COUNTY ONLY.)\\nAN ACT to provide for the improvement and mainte\u00c2\u00ac\\nnance of the public roads in certasn counties as county\\nroads.\\nSection 1.\u00e2\u0080\u0094In every county not exceeding tw\u00e2\u0080\u0099O hundred\\nsquare miles in area, it shall be lawful for the board of\\nsupervisors thereof to acquire and assume, for the purpose\\nof improving aud maintaining the same, the full and ex\u00c2\u00ac\\nclusive control of any public road or roads, or part thereof,\\nin such county, so far as may be necessary only for the\\nsaid purpose of improving and maintaining the roadbed\\nthereof as a road or roads for carriages or other vehicles,\\nbut for no other purpose. In order to acquire and assume\\nsuch control in any county, with power to improve and\\nmaintain the same, the said board shall cause a map to\\nbe made, or adopt a map already made, on which the prin\u00c2\u00ac\\ncipal public roads or highways of the county shall be, or\\nare, laid down, and shall cause the roads or parts of roads\\nof which the said board intends to acquire and assume\\nsuch control to be plainly indicated thereon and shall file\\nthe said map, when so marked and certified by it, in the\\noffice of the clerk of the county; whereupon the roads or\\nparts of roads so marked or indicated on said map shall be-", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0334.jp2"}, "335": {"fulltext": "The Highway Law of New York.\\n293\\nLaws 1890, chapter 555.\\ncome and be known as \u00e2\u0080\u009ccounty roads/\u00e2\u0080\u0099 and shall thereafter\\nbe improved, maintained and kept in repair by the board\\nof supervisors of such county in the manner hereafter pro\u00c2\u00ac\\nvided, and it shall be lawful for such board of supervisors,\\nfrom time to time, to assume control of and establish other\\nroads or parts of roads as county roads, and improve and\\nkeep the same in repair, as aforesaid, or to relinquish con\u00c2\u00ac\\ntrol of any road or part of any road so acquired, in either\\nof which cases the said map shall be changed accordingly,\\nand the assuming or relinquishing the control of any pub\u00c2\u00ac\\nlic road shall be by resolution, in writing, entered upon\\nthe minutes of the board, and a copy thereof, certified by\\nthe clerk of the board, shall be filed forthwith in the office\\nof the county clerk. If any road, or part thereof, so to be\\nimproved or repaired, shall pass through any village, it\\nshall be necessary to obtain the consent of the board of\\ntrustees of such village before the board of supervisors\\nshall assume the control, improvement or repair of that\\nportion thereof lying within such village, and such board\\nof trustees are hereby authorized and empowered to grant\\nor give such consent. The term \u00e2\u0080\u009croad,\u00e2\u0080\u009d as used in this\\nact, shall be construed to include street, avenue or other\\npublic highways.\\n2. Upon the establishment, in the manner above pro\u00c2\u00ac\\nvided, of any county road or roads, the board of super\u00c2\u00ac\\nvisors of such county shall forthwith cause the said county\\nroads to be improved and put in repair, and shall there\u00c2\u00ac\\nafter maintain and keep the same in repair and in good\\ncondition, in the manner hereinafter provided.\\n3. The said board of supervisors shall by resolutions\\nduly entered upon their minutes from time to time, esti\u00c2\u00ac\\nmate and determine what sums of money will be required\\nto improve said county roads. They are hereby authorized", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0335.jp2"}, "336": {"fulltext": "294\\nThe Highway Law of New York.\\nLaws 1890, chapter 555.\\nand directed to borrow such sums of money thus determined\\nupon as needed for such improvement, on the credit of the\\ncounty, which sums so borrowed, however, shall not exceed,\\nin any year, an amount, which, with then outstanding\\nbonded indebtedness of said county, shall be in excess of\\nten per centum of the assessed valuation of such county\\nas shown in the assessment-rolls of the preceding year,\\nand the board of supervisors shall prescribe by resolution,\\nthe form of obligation to be issued on such loan or loans\\nand the times and the place of payment, the time not to\\nexceed twenty-five years from the date of the obligations,\\nso to be issued and the rate of interest not to exceed the\\nlegal rate. The chairman and clerk of the board of super\u00c2\u00ac\\nvisors shall indorse on each of such bonds or obligations\\nthat it is issued by and in accordance with the directions\\nof the board of supervisors and shall sign such certificate\\nin their official capacity. The said board of supervisors\\nshall raise, in their annual tax levy, a sum deemed suffi\u00c2\u00ac\\ncient to keep and maintain the said county roads in good\\norder and repair, or in default thereof, it shall, in like\\nmanner, raise, by the issue and sale of bonds as aforesaid,\\nfrom time to time such moneys as they shall by resolution\\ndetermine, and as shall be required for the necessary\\nrepairs of such road and to keep them constantly in good\\norder and condition, not however, exceeding in amount the\\nlimit above provided. The board of supervisors shall keep\\na record showing the dates and amounts of such bonds,\\nthe times and place when and where the same are made\\npayable and the rate of interest thereon; and such board\\nshall have power and it shall be its duty from time to time,\\nas the said obligations are about to become due and pay\u00c2\u00ac\\nable, to impose upon the taxable property of the county\\nsufficient tax to enable payment to be made, upon the due\\ndate thereof, of such obligations, according to the terms and\\nconditions thereof. Said board shall promptly dispose of", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0336.jp2"}, "337": {"fulltext": "The Highway Law of New York.\\n295\\nLaws 1890, chapter 555.\\nthe bonds issued as aforesaid in public competition, upon\\ndue notice to be published in two newspapers published in\\nsuch county, and in two daily newspapers published in the\\ncity of New York, for at least three weeks prior to the sale\\nthereof, for not less than the par value thereof, and shall\\npay the proceeds thereof to the county treasurer of such\\ncounty, and the said treasurer shall immediately deposit\\nthe same in some trust company in the state of New York,\\ndesignated by the supreme court as a legal depository,\\nwhich deposit shall be entered and designated \u00e2\u0080\u009cthe county\\nroad fund\u00e2\u0080\u009d of such county, and the same shall not be\\ndrawn out or used for any other purpose than the improve\u00c2\u00ac\\nment and repair of such county roads so designated by the\\nsaid board of supervisors, and only on the presentation of\\nan account duly verified, audited by the board of super\u00c2\u00ac\\nvisors and accompanied by the certificate of the supervis\u00c2\u00ac\\ning engineer that the work, materials or services have been\\ndone, delivered and rendered in accordance with the con\u00c2\u00ac\\ntract therefor.\\n4. The said board of supervisors shall, immediately\\nupon receipt of said county road funds, proceed to improve\\nand repair the said county roads designated as aforesaid\\nin the manner and with the material required by the pro\u00c2\u00ac\\nvisions and regulations of this act, and shall, thereafter, in\\nlike manner, keep the said roads constantly in good repair\\nand condition. All such improvements and repairs, ex\u00c2\u00ac\\ncept in so far as relates to the services of an engineer,\\nshall be made under and in pursuance of written contracts\\nwith the lowest bidder, upon bids called for by notice and\\nadvertisement similar to that to be given in the case of\\nthe sale of the county bonds hereinafter referred to and\\nupon terms and specifications, which, with the provisions\\nof the contracts and the security offered by the contract-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0337.jp2"}, "338": {"fulltext": "296\\nThe Highway Law of New York.\\nLaws 1890, chapter 555.\\nors, shall be approved by the board of supervisors before\\nsuch contracts shall be finally awarded or executed.\\n5. All the improvements and repairs made under and\\nin pursuance of this act shall be done under the supervision\\nof a competent civil engineer, holding a diploma as such,\\nto be appointed by the board of supervisors and to be re\u00c2\u00ac\\nmoved by vote of four-fifths of all the members of the\\nboard of supervisors. Such engineer shall be consulted in\\nthe preparation of the specifications and contracts for such\\nwork, shall require such improvements and repairs to be\\nmade in conformity with the provisions of this act and of\\nthe contracts therefor, shall certify from time to time, to\\nthe board of supervisors as to the character and progress\\nof the work being actually done, and do such other pro\u00c2\u00ac\\nfessional work as shall be imposed upon him by such board\\nof supervisors, or by the contracts for such improvements\\nor repairs, and shall be paid for his services such reason\u00c2\u00ac\\nable compensation as shall have been previously agreed\\nupon between him and them. The board of supervisors\\nshall cause all county roads to be divided into sections of\\nnot more than one mile each to be designated by suitable\\nmonuments which shall be numbered, and it shall be the\\nduty of the supervising engineer to make regular quarterly\\nreports to the board of supervisors in writing (and oftener\\nif required by such board), which shall state the then con\u00c2\u00ac\\ndition of each section of the road, the amount expended\\nthereon for the last quarter, and the repairs necessary for\\nthe ensuing quarter, and the estimated cost thereof, and\\nhe shall file a duplicate of such quarterly report in the\\ncounty clerk\u00e2\u0080\u0099s office.\\n6. The following regulations shall govern all improve\u00c2\u00ac\\nments and repairs of such county roads, when the same are\\nmade under or in pursuance of the provisions of this act:", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0338.jp2"}, "339": {"fulltext": "The Highway Law of New York.\\n297\\nLaws 1890, chapter 555.\\n1. All such improvements and repairs shall embrace or\\ncover the road-bed or wagon-way to the width of at least\\none rod and to the depth of at least eight inches, unless the\\nboard of supervisors, by a four-fifth vote of the entire\\nboard, shall decide to reduce its width to fourteen feet or\\nits depth to six inches in specific cases, though material\\nsimilar to that about to be employed, if already upon such\\nroad-bed, may be utilized as a part of the material to be\\nemployed in forming such improved or repaired road-bed.\\n2. No material other than stone, wood, shells or asphalt\\ncompound shall be used in making such improvement or\\nrepairs, for at least one rod or fourteen feet in width as\\nthe case may be and the above required depth of such im\u00c2\u00ac\\nproved or repaired surface.\\n3. In case any road to be improved or repaired shall\\nalready have a sufficient compact and substantial founda\u00c2\u00ac\\ntion of stone already laid, such foundation may, in the\\ndiscretion of sucli engineer and with the approval of said\\nboard of supervisors, be allowed to remain and be utitized*\\nas of its actual depth, but no new or fresh material shall\\nbe placed thereon until all material previously and in any\\nway superimposed upon such foundation, but of a different\\ncharacter from that about to be newly employed in such\\nimprovement or repairs, shall have been thoroughly\\nremoved.\\n4. Whenever any road-bed or wagon-way shall be thus\\nimproved or repaired with broken stone, there shall be\\nplaced in such said road-bed or wagon-way, if a sufficient\\nsubstantial and compact foundation of stone does not\\nalready exist, a foundation course or layer of trap rock,\\ngranite or other equally hard stone, not less than four\\ninches thick, of stone not less than two and one-half inches\\nin diameter, or of the size commonly known as two and\\nSo in the original.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0339.jp2"}, "340": {"fulltext": "298\\nThe Highway Law of New York.\\nLaws 1890, chapter 555.\\none-lialf inch stone, ancl in all cases of improvement with\\nstone other than block pavement, the uppermost layer or\\ncovering shall not be less than two inches thick, and\\nshall consist of granite or trap rock dust known as screen\u00c2\u00ac\\nings, and, in case of repair, not less than one inch in\\nthickness, and the same shall be applied under the pres\u00c2\u00ac\\nsure of a roller of not less than two tons weight.\\n5. All road-beds or wagon-ways thus repaired shall be\\nshaped or crowned with a sufficient and continuous rise of\\nat least one-half inch to the foot from the sides to the cen\u00c2\u00ac\\nter thereof, and shall be so constantly kept and main\u00c2\u00ac\\ntained.\\n7. No horse railway or electric or other railway shall\\nbe laid, constructed or operated on said county roads,\\nunless, in addition to the requirements of existing laws,\\nthe same shall be authorized by a two-third vote of the\\nboard of supervisors and unless the same shall be con\u00c2\u00ac\\nstructed with a flat or grooved rail, and in case of horse\\nrailways, paved between the tracks in the manner pre\u00c2\u00ac\\nscribed by the board of supervisors in the resolution au\u00c2\u00ac\\nthorizing the same and the same constantly maintained in\\ngood order and condition by said railroad company, and\\nthe railroad or corporation constructing the same shall\\nagree thereto, and it shall be the duty of the said board\\nof supervisors to require from said railroad or corporation,\\nor other person, a bond with sufficient sureties as a guar\u00c2\u00ac\\nantee, and conditioned for the performance of their agree\u00c2\u00ac\\nment, and the board of supervisors may, from time 5 to\\ntime, require such bond to be renewed in case the sure\u00c2\u00ac\\nties, or any of them, in its judgment, shall become insuf\u00c2\u00ac\\nficient.\\n8. Whenever it shall be necessary to lay water or\\ngas mains, or contruct sewers or other public improve-", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0340.jp2"}, "341": {"fulltext": "The Highway Law of New York.\\n299\\nLaws 1890, chapter 555.\\nments, or to make connections therewith through or upon\\nsaid county roads, or any part thereof, which shall require\\nthe digging up or interference with the same or the road\u00c2\u00ac\\nbeds thereof, in addition to the consent and authority\\nrequired under existing laws for the same, it shall be\\nnecessary to obtain the consent of said supervising engi\u00c2\u00ac\\nneer thereto. The said road and road-bed shall, in each\\ncase, be promptly restored to its former condition, and\\nthe same shall be done subject to the approval of the\\nsupervising engineer, at the expense of the person, cor\u00c2\u00ac\\nporation or municipal authority, at whose request such\\nwork shall be done, and the amount thereof may be\\nrecovered in default of payment, by the board of super\u00c2\u00ac\\nvisors; and, before granting his consent, the said super\u00c2\u00ac\\nvising engineer shall require a sufficient deposit to be\\nmade by the person or corporation applying for such con\u00c2\u00ac\\nsent, conditioned that the said road or road-bed shall be\\nso restored.\\n9. Wherever an expenditure exceeding the rate of ten\\nthousand dollars per mile shall be deemed necessary on\\nsuch county roads, or any part thereof, all such expendi\u00c2\u00ac\\nture in excess of ten thousand dollars per mile shall be\\nborne by the town or towns, village or villages, or sepa\\nrate road districts within whose jurisdiction such roads\\nor parts of roads so improved or repaired shall be, and\\nin case of such excess, the board of supervisors shall cause\\nsuch excess to be levied and collected in the next ensuing\\ntax levy authorized by such supervisors upon such towns,\\nor upon the portions thereof embraced in such villages or\\nseparate road districts liable therefor.\\n10. Said board of supervisors shall have the control\\nand jurisdiction over said county boards only for the pur\u00c2\u00ac\\npose of improving and keeping the same in repair, except", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0341.jp2"}, "342": {"fulltext": "300\\nThe Highway Law of New York.\\nLaws 1880, chapter 555.\\nas hereinbefore mentioned, and for all other purposes the\\nsaid roads shall remain and be subject to the authority,\\ncontrol and jurisdiction of the town, village, separate road\\ndistrict, or local authorities to which they shall respec\u00c2\u00ac\\ntively belong; provided, however, that all roads or parts\\nof roads designated as county roads shall remain under\\nthe control of the local authorities liable for the repair\\nthereof until such improvement shall have been actually\\nbegun thereon under this act, and if the said board of\\nsupervisors shall at any time relinquish the control of any\\ncounty road or part thereof the local authorities within\\nwhose jurisdiction the same shall be, shall forthwith\\nresume the control and charge thereof in like manner as\\nif the same had not been designated as a county road.\\n11. All action taken in violation or disregard of the\\nprovisions hereof, or any failure to observe the provisions\\nhereof, shall be deemed unlawful, and any officer or per\u00c2\u00ac\\nson who shall participate in such action shall be guilty of\\na misdemeanor, and shall, upon conviction, in addition\\nto the punishment provided by law for a misdemeanor,\\nbe adjudged to pay to the treasurer of such county a fine\\nof five hundred dollars.\\n12. The provisions of this act shall not become com\u00c2\u00ac\\npulsory in any county containing a city of over one hun\u00c2\u00ac\\ndred thousand inhabitants, unless the board of super\u00c2\u00ac\\nvisors thereof shall, by a vote of four-fifths of all the\\nmembers of such board, determine that it will be beneficial\\nto such county that this act shall be compulsory therein.\\n8 Nothing in any general act, or general or special\\nact for the organization of any village or separate road\\ndistrict in any county, or relating thereto, shall be con-", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0342.jp2"}, "343": {"fulltext": "The Highway Law of New York.\\n301\\nLaws 1891, chapter 309.\\nstrued to prevent the carrying out of the provisions of\\nthis act.\\n14. This act shall take effect immediately.\\nLAWS 1891, CHAPTER 309.\\nAN ACT to authorize overseers of highways to acquire\\ngravel for highway purposes.\\nSection 1. The overseers of highways of any road dis\u00c2\u00ac\\ntrict of the state, with the consent of the commissioners of\\nhighways of the town, and the approval of the town board,\\nshall have power to purchase of the owner of any gravel\\nbed or pit within the town, gravel for the purpose of grad\u00c2\u00ac\\ning, repairing or otherwise improving the highways of the\\ntown at a price per cubic yard approved by said commis\u00c2\u00ac\\nsioners and town board. If such overseer can not agree\\nwith any such owner for the purpose of such gravel, the\\noverseer, with the consent of such commissioners and the\\napproval of such town board, shall have power to acquire\\nby condemnation the right to take and use such gravel,\\nprovided, no gravel shall be so condemned within one\\nthousand feet of any house or barn, or taken from any\\nlawn, orchard or vineyard, and to remove the same from\\nsuch bed or pit for the purpose of grading, repairing or\\notherwise improving such highways, together with the\\nright of way to and from such bed or pit to be used for the\\npurpose of such removal. The right to use such gravel or\\nto take the same from any such bed or pit may be acquired\\nunder this section for two or more or all of the road dis\u00c2\u00ac\\ntricts of the town, in common; and if acquired for two or\\nmore or all of the districts, the commissioners of highways,\\nwith the approval of the town board, must make the pur-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0343.jp2"}, "344": {"fulltext": "302\\nThe Highway Law of New Yokk.\\nLaws 1893, chapter 239.\\nchase or acquire such right by condemnation. The\\namount agreed to be paid upon any such purchase, and the\\namount adjudged to be paid upon any such condemnation\\nshall be paid by the districts in which such gravel shall be\\nused, but the costs and expenses of the proceedings for the\\ncondemnation incurred by the overseer, shall be a charge\\nupon the town, and shall be audited by the town board,\\nand paid the same as other town charges.\\n2. If the town shall abandon for the period of three\\nyears any right so acquired to use any gravel bed or pit or\\nto take gravel therefrom, or if the overseer of highways of\\nany such district wherein any such right shall have been\\nso acquired, or the commissioners of highways of the town\\nshall cease to use the same for the purposes for which it\\nwas acquired, the right of the town and of such overseer\\nand commissioners thereto shall cease, and the ownership\\nthereof shall revert to and become vested in the owner of\\nsuch bed or pit at the time such right was acquired, or his\\nheirs or assigns.\\n3. This act shall take effect immediately.\\nLAWS 1893, CHAPTER 239.\\nAN ACT in relation to the intersections and crossings of\\nthe tracks and roadbeds of certain railroads laid in across\\nor upon the highways streets avenues or roads of the cities\\ntowns and villages of the state.\\nSection 1 Whenever the railroad or route of any street\\nsurface railroad corporation shall intersect and cross, or\\nshall cross the tracks and roadbed of any railroad, operated\\nby locomotive, steam or other power, which are laid in,", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0344.jp2"}, "345": {"fulltext": "The Highway Law of New York.\\n303\\nLaws 1893, chapter 239.\\nacross or upon the surface of any street, avenue, road or\\nhighway in any city, town or village of the state, having\\nless than five hundred thousand inhabitants, and such\\nstreet railroad corporation having been unable to agree\\nwith the corporation owning the tracks and roadbed so\\nintersected or to be intersected and crossed, as to the line\\nor lines, grade or grades, points or manner of such inter\u00c2\u00ac\\nsection and crossing, or upon the compensation to be made\\ntherefor, shall have applied to the court by petition to\\nappoint commissioners to determine the same, the court\\nshall upon application made by such street surface rail\u00c2\u00ac\\nroad corporation, at, or after, the time of the appoint\u00c2\u00ac\\nment of such commissioners, or if an answer to the petition\\nof such street surface railroad corporation has been inter\u00c2\u00ac\\nposed, at any time thereafter, direct that such street\\nsurface railroad corporation, be permitted to lay its tracks\\nacross and to intersect, upon the surface of the street,\\navenue, road or highway, the tracks and roadbed of such\\nrailroad operated by locomotive, steam, or other power,\\nprovided, such street surface railroad corporation shall at\\nthe time of obtaining such order make and file with the\\nclerk of said court, its bond or undertaking in writing, in\\nan amount and with surety or sureties to be approved by\\nthe court, conditioned for the full and faithful performance\\nby such street surface railroad corporation of any and all\\nconditions and requirements which may be imposed by\\nsaid commissioners and be affirmed by the court, in deter\u00c2\u00ac\\nmining the line or lines, grade or grades, points or manner\\nof such intersection and crossing and as to the amount of\\ncompensation to be paid therefor, and also conditioned to\\nconform such crossing and intersection made by virtue of\\nsuch order of the court to the requirements made by said\\ncommissioners as affirmed by the court.\\n2. No street surface railroad shall be allowed to lay its", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0345.jp2"}, "346": {"fulltext": "304\\nThe Highway Law of New York.\\nLaws 1893, chapter 419.\\ntracks at grade across the tracks or road bed of any rail\u00c2\u00ac\\nroad operated by locomotive steam power at any point\\nwhere there are three or more tracks of the steam road\\nproposed to be crossed, which tracks have been constructed\\nand in operation at least two years, unless the written con\u00c2\u00ac\\nsent of the state railroad commissioners be first obtained\\nfor such crossing at grade. But this section shall not\\naffect the operation of section one of this act in any suit\\nor proceeding now pending nor any renewals of said pend\u00c2\u00ac\\ning suit or proceeding brought for any cause.\\nLAWS 1893, CHAPTER 419.\\nAN ACT to repeal chapter four hundred and ninety-\\nthree of the laws of eighteen hundred and ninety-two,\\nentitled An act to provide for the construction of high\u00c2\u00ac\\nways and bridges upon highways running through two or\\n\u00e2\u0096\u00a0more toivns in the same countyand continuing certain\\nproceedings heretofore commenced under said act and author\u00c2\u00ac\\nizing the issue of bonds to pay certain portion of the costs of\\nsaid proceedings.\\nSection 1. Chapter four hundred and ninety-three of\\nthe laws of eighteen hundred and ninety-two, entitled\\n\u00e2\u0080\u009cAn act to provide for the construction of highways and\\nbridges upon highways running through two or more\\ntowns in the same county,\u00e2\u0080\u009d is hereby repealed, but noth\u00c2\u00ac\\ning herein shall affect any proceedings heretofore com\u00c2\u00ac\\nmenced under said act where, prior to the first day of\\nMarch, eighteen hundred and ninety-three, and the state\u00c2\u00ac\\nment required by section four of said act of the cost of the\\nconstruction of the bridges was presented to the board of\\nsupervisors of any county wherein said proceedings were", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0346.jp2"}, "347": {"fulltext": "The Highway Law of New York.\\n305\\nLaws 1893, chapter 582.\\ninstituted, and such proceedings shall continue until the\\ncompletion thereof as in this act provided.\\n2. The cost of the construction of any bridges pro\u00c2\u00ac\\nvided in said act may be paid by levy upon the taxable\\nproperty of said county in the taxes levied for any one\\nyear, or by the issuing of bonds for the cost and expense\\nthereof as the board of supervisors of any county may\\ndetermine. Such bonds shall be of such denomination,\\nbear such interest and be payable at such time or times\\nas the board of supervisors may determine.\\n3. This act shall take effect immediately.\\nLAWS 1893, CHAPTER 582.\\nAN ACT to provide for improvements in streets and high\u00c2\u00ac\\nways in towns within counties containing upivards of six\\nhundred thousand inhabitants.\\nSection 1. In each of the towns of this state within\\ncounties containing upwards of six hundred thousand\\ninhabitants, the supervisor of such town is hereby author\u00c2\u00ac\\nized to appoint one citizen and freeholder residing in each\\nschool district of the town, who, together with the said\\nsupervisor, ex-officio, shall constitute a board to be known\\nas the street improvement commissioners of such town,\\nwith authority to take charge of the system of improve\u00c2\u00ac\\nments hereinafter provided for.\\n\u00c2\u00a72. If a portion of the territory of any such town shall\\nhave been detached, to form a school district in connection\\nwith any territory of an adjoining town, such portion of\\n20", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0347.jp2"}, "348": {"fulltext": "306\\nThe Highway Law of New York.\\nLaws 18S3, chapter 582.\\nterritory so detached shall, for all the purposes of this act,\\nbe considered as forming a part of the school district\\nwithin such first mentioned town immediately adjoining\\nthe same, and from which it shall have been detached as\\naforesaid.\\n3. The moneys to be expended under this act shall be\\ndivided and apportioned so that the amounts thereof\\nexpended in each of the several school districts, as now\\nconstituted, shall be as nearly equal as practicable.\\n4. Each of the commissioners appointed by the super\u00c2\u00ac\\nvisor under the provision of the first section shall take\\nthe constitutional oath of office and file the same in the\\noffice of the town clerk, together with an undertaking to\\nthe town in the sum of five thousand dollars, with security\\nto be approved by the board of town auditors, for the\\nfaithful performance of his duties.\\n5. All vacancies in said office resulting from any cause\\nor from any of said commissioners refusing to qualify\\nshall be filed by the supervisor as in the first instance.\\n6. For the purpose of effecting the improvements\\naforesaid the said commissioners shall have power:\\nFirst. When any streets and avenues shall have been\\nduly opened and graded according to law, to determine\\nthose of them to be improved, the order in which said im\u00c2\u00ac\\nprovements shall be made, the manner in which the work\\nshall be done and the materials to be used.\\nSecond. To enter upon any lands in such towns for the\\npurpose of surveys or for examination, or for such other\\npurpose as is required under this act.\\nThird. To grade, pave, gutter and curb any such street\\nor avenue opened and graded as aforesaid, or any part", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0348.jp2"}, "349": {"fulltext": "The Highway Law of New York.\\n307\\nLaws 1893, chapter 582.\\nthereof, and to make such other improvements in and\\nabout the same, and with such materials as they may\\ndeem proper.\\nFourth. To make all necessary drains and as far as\\npracticable to connect the same with existing drains,\\nwater-courses and sewers.\\nFifth. To make temporary tramways on or over any\\nstreet or unoccupied lands in said town, for the carriage\\nof earth or materials, and use thereon such vehicles or\\nmotive power as they may deem best adapted to the work,\\nand when private lands are so used, to grant such compen\u00c2\u00ac\\nsation for such use as to said commissioners may seem\\njust.\\nSixth. To make contracts for any part of the work\\nunder their charge at such prices and under such terms\\nand conditions as they may deem proper. All contracts\\nfor work exceeding five hundred dollars in amount shall\\nbe awarded to the lowest responsible bidder, after due\\nadvertisement in a Brooklyn daily newspaper for ten con\u00c2\u00ac\\nsecutive days for proposals for such work, but said com\u00c2\u00ac\\nmissioners may reject any or all bids if they shall deem it\\nfor the public interest so to do. Contractors shall be\\nrequired to enter into bonds to the town with security\\nsatisfactory to said commissioners for the faithful perform\u00c2\u00ac\\nance of their contracts.\\nSeventh. To make and enforce such rules, regulations\\nand restrictions as they may deem proper for the guidance\\nor direction of the contractors engaged in the work herein\\nprovided for.\\nEighth. To do all such other things not herein specified\\nas may be incident to the exercise of the powers and duties\\nof said commissioners contemplated in this act.\\n7. The commissioners aforesaid are authorized, imme\u00c2\u00ac\\ndiately after their appointment and qualification, to make", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0349.jp2"}, "350": {"fulltext": "308\\nThe Highway Law of New York.\\nLaws 1893, chapter 582.\\nall necessary surveys, and establish plans for the improve\u00c2\u00ac\\nment of the streets and avenues as aforesaid, subject to\\nthe system of grades, if any, which shall have been estab\u00c2\u00ac\\nlished by law, and to prepare and furnish suitable maps,\\nprofiles and specifications, and the details thereof of all the\\nwork to be done as may be necessary.\\n8. For the purpose of paying the expenses incurred in\\nmaking such improvements the supervisor of such town\\nshall in the year eighteen hundred and ninety-four, and\\nin the two next ensuing years, prepare and issue bonds of\\nthe town to be known as street improvement bonds and\\nbearing interest at a rate not to exceed five per centum per\\nannum, but not more than five hundred thousand dollars\\nof said bonds shall be issued; said bonds shall be issued\\nin separate series of one hundred thousand dollars respect\u00c2\u00ac\\nively; each of said series of one hundred thousand dollars,\\nshall be made due and payable in fifty successive annual\\ninstallments the first of which shall become due not less\\nthan ten nor more than eleven years from the date of\\nissue, and the supervisor before issuing said bonds or\\neither of them, shall advertise in a Brooklyn daily news\u00c2\u00ac\\npaper five consecutive days for proposals for the same.\\nNone of said bonds shall be sold for less than the par value\\nthereof. The moneys arising from the sale of said bonds\\nshall be deposited as realized with the county treasurer,\\nwho shall keep a separate account of all moneys received\\nfor the purpose of said improvements, to be paid there\u00c2\u00ac\\nfrom on the requisition of the aforesaid commissioners\\nfrom time to time as may be required for the purpose of\\nsaid improvements.\\n9. To meet the interest on said bonds, the amounts\\nthereof becoming due in each year shall be levied in and\\nwith and as a part of the annual taxes on all the real and", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0350.jp2"}, "351": {"fulltext": "The Highway Law of New York.\\n309\\nLaws 1893, chapter 582.\\npersonal estate taxable for ordinary town expenses of such\\ntown, and shall, in the warrant to the collector, be di\u00c2\u00ac\\nrected to be paid to the county treasurer for such purpose.\\n10. To meet the principal of said bonds the assessors,\\non or before the fifteenth day of July in each year preced\u00c2\u00ac\\ning that in which they shall become due, shall divide and\\napportion the amount of such principal among the several\\ndistricts of assessment established and determined by the\\ncommissioners under the twelfth section, and assess the\\nsame in proportion to the cost of the improvements as\\ntherein certified. The said assessments shall be placed in\\nan additional column in the assessment-roll, to be headed\\nimprovement tax,\u00e2\u0080\u009d and the assessors shall apportion the\\namount necessary to be raised in each district among the\\nseveral lots or pieces of land contained therein which in\\ntheir judgment shall have been benefited, in proportion to\\nthe benefit accruing to them by reason thereof. Such\\namounts so apportioned by the assessors shall be levied on\\nsaid several lots, pieces or parcels of land respectively, by\\nthe board of supervisors, as part of the general tax, and\\nshall be a lien upon and collectible against the same in the\\nlike manner and with like effect as the general tax of said\\ntown, and shall, in the warrant to the collector, be directed\\nto be paid to the county treasurer for the purpose herein\\nspecified. Each of the several annual installments assessed\\nas aforesaid each year, shall be a lien upon the lots or\\nparcels of land affected thereby only from the time the\\nsame shall be respectively levied.\\n11. In case any commissioners shall be appointed by\\nlaw for the grading of any of the streets and avenues in\\nsuch town they shall be authorized to proceed with such\\ngrading only according to such plan and to such extent as", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0351.jp2"}, "352": {"fulltext": "310\\nThe Highway Law of New York.\\nLaws 1893, chapter 582.\\nshall first be approved by the said street improvement\\ncommissioners in writing.\\n12. The powers and duties of said commissioners\\nappointed under the first section shall not continue for\\nmore than three years and six months after the passage of\\nthis act; and upon the final completion of said improve\u00c2\u00ac\\nments as determined by them shall adjust all matters con\u00c2\u00ac\\nnected herewith, and shall cause all payments thereof to\\nbe made by requisition upon the county treasurer as afore\u00c2\u00ac\\nsaid, and shall thereupon render to the board of town\\nauditors an account under oath of all moneys received and\\nexpended by them under this act, with all vouchers and\\nreceipts taken by them, and shall file in the office of the\\ntown clerk a statement of the cost of the improvement of\\nthe said streets severally and respectively, including all\\ntheir expenses under this act to be apportioned by them\\namong said several streets as a part of such cost, and shall\\nestablish and determine districts for the assessment of the\\nexpenses of said several improvements, and file a certifi\u00c2\u00ac\\ncate thereof, together with all the records, maps and other\\npapers connected with or used in reference to said improve\u00c2\u00ac\\nments.\\n13. Nothing in this act contained shall be construed\\nas affecting the provisions of any act now in force for the\\nlaying out, construction and maintenance of any driveway\\nor parkway in this state, nor as interfering with the pow\u00c2\u00ac\\ners and duties of any board of health, board of sewer or\\nflagging commissioners, nor, except so far as hereinbefore\\notherwise provided, with the duties of the commissioners\\nwho may from time to time be appointed by law for the\\ngrading of streets or avenues in any such town, nor shall\\nany of the powers conferred by this act upon said street\\nimprovement commissioners be exercised except by the", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0352.jp2"}, "353": {"fulltext": "The Highway Law of New York.\\n311\\nLaws 1893, chapter 607.\\nvotes of a majority of them, and with the concurrence of\\nthe supervisor of the town.\\n14. This act shall not apply to the towns of Flatbush,\\nFlatlands and Gravesend in Kings county.\\n15. All acts or parts of acts inconsistent with the pro\u00c2\u00ac\\nvisions of this act are hereby repealed.\\n16. This act shall take effect immediately.\\nLAWS 1893, CHAPTEK 607.\\nAN ACT to provide for the widening of highways.\\nSection 1. When any part of a highway in any town\\nof this state, not in an incorporated village or city, run\u00c2\u00ac\\nning between two or more villages or cities, has, because\\nof the wearing away by a river or stream or any other na\u00c2\u00ac\\ntural cause, become narrower than the width required by\\nstatute, and is dangerous to the users of such highway,\\ntwelve or more resident taxpayers of such town may pre\u00c2\u00ac\\nsent a petition to the county court of the county within\\nwhich such town is situated. The petition shall describe\\nthe part of the highway proposed to be widened and state\\nthat such highway has become lessened in width by the\\naction of a river or stream or other cause, that it is dan\u00c2\u00ac\\ngerous to the traveling public, that the widening and\\nimprovement of such highway is necessary for the public\\nconvenience and welfare, that the highway is an impor\u00c2\u00ac\\ntant leading road between two or more cities or villages,\\nthat the cost of such widening and improvement would\\nexceed the sum of two thousand five hundred dollars and", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0353.jp2"}, "354": {"fulltext": "312\\nThe Highway Law of New Yoke.\\nLaws 1898, chapter 607.\\nwould be too burdensome on the town or towns otherwise\\nliable therefor. Such petition shall be verified by at least\\nthree of the petitioners. On receipt of the petition the\\ncounty court shall forthwith appoint three commisssioners\\nwho shall not be named by any person interested in the\\nproceedings and who shall be taxpayers of such county,\\nbut who shall not reside in the town or towns in which\\nthe highway, proposed to be widened and improved, is\\nsituated.\\n2. The commissioners shall take the constitutional\\noath of office and appoint a time and place for a meeting\\nto hear all persons interested in the proposed widening of\\nthe highway. They shall personally examine the part of\\nthe highway proposed to be widened, hear any reasons for\\nor against such widening and ascertain the probable cost\\nof the work. They shall have power to issue subpoenas,\\nadminister oaths and examine witnesses; they shall keep\\nthe minutes of their proceedings and reduce to writing all\\noral evidence given before them. They shall make dupli\u00c2\u00ac\\ncate certificates of their decision, filing one in the town\\nclerk\u00e2\u0080\u0099s office of the town in which the said highway is\\nlocated, and the other, with such minutes and evidence, in\\nthe county clerk\u00e2\u0080\u0099s office of the county where the highway\\nis located. Such commissioners shall have the same\\npower as to the assessment of damages caused by the\\nwidening of such highway as commissioners appointed\\nunder article four of the highway law for the discontin\u00c2\u00ac\\nuance, altering or laying out of a highway, and as to such\\nassessment the same proceedings may be had for the con\u00c2\u00ac\\nfirmation, vacating or modifying of such decision, as pro\u00c2\u00ac\\nvided in and by said article four of said highway law.\\nThe commissioners shall receive a compensation of five\\ndollars for each day necessarily spent in the performance\\nof their duties under this act, and the amount so paid to", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0354.jp2"}, "355": {"fulltext": "The Highway Law of New York.\\n313\\nLaws 1893, chapter 607.\\nthe said commissioners shall be a charge upon the town or\\ntowns in which the highway, proposed to be widened as\\naforesaid is located.\\n3. If a majority of the commissioners shall determine\\nthat the proposed widening of the highway is necessary\\nand that the cost thereof would be too burdensome for the\\ntown, exceeding in probable cost two thousand five hun\u00c2\u00ac\\ndred dollars, they shall notify the board of supervisors of\\nthe county of such decision. The board of supervisors\\nshall thereupon cause one-half of the amount of the esti\u00c2\u00ac\\nmated cost to be raised by the county and paid to the com\u00c2\u00ac\\nmissioners of highways of the town or towns in which that\\npart of the highway proposed to be widened as aforesaid is\\nlocated, and said commissioners of highways shall apply\\nthe sum so received by them towards the payment of the\\ncost of such widening. The balance of the expense shall\\nbe raised in the manner provided by law, by the town or\\ntowns in which that part of the highway proposed to be\\n\u00e2\u0096\u00a0widened as aforesaid is located.\\n4. The said commissioners of highways shall con\u00c2\u00ac\\nstruct such widening of the highway according to plans\\nand specifications adopted by them and approved by the\\ntown board of their town. The bills and expenses incurred\\nin such work shall be audited by the town board and paid\\nby the commissioners of highways out of moneys raised\\nfor such purpose as provided in the preceding section.\\n5. In case an action might lie in any court of this\\nstate against the commissioners of highways of any town\\nto compel such commissioners to widen a part of a high\u00c2\u00ac\\nway, the width of which has become less than that\\nrequired by statute, or in case an action has been brought\\nagainst such commissioners to compel them to widen a\\npart of a highway, the width of which has become less", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0355.jp2"}, "356": {"fulltext": "314\\nThe Highway Law of New York.\\nLaws 1893, chapter 655.\\nthan that required by statute, the presentation of a veri\u00c2\u00ac\\nfied petition to the county court as provided for in section\\none of this act shall prevent the commencing of any such\\naction as aforesaid and cause such an action already com\u00c2\u00ac\\nmenced to cease, and shall be a bar to a recovery on the\\npart of the plaintiff of a judgment against such commis\u00c2\u00ac\\nsioners of highways in any such action instituted or prose\u00c2\u00ac\\ncuted to judgment after the passage of this act.\\n6. This act shall take effect immediately.\\nLAWS 1893, CHAPTER 655.\\nAN ACT in relation to the publication and distribution of\\nthe Highivay Law.\\nSection 1. The governor shall designate some proper\\nperson to prepare and publish on or before July one,\\neighteen hundred and ninety-three, a compilation of the\\nhighway laws of this state, defining the powers and duties\\nof highway officers and resident taxpayers. Such manual\\nshall also contain diagrams and practical suggestions and\\ndirections for grading and building roads, maintaining\\nand improving the same, and removing obstructions there-\\nfrom; and also practical suggestions in regard to tree cul\u00c2\u00ac\\nture, and the laying out of lawns along highways. The\\nstate engineer and surveyor shall cause to be prepared and\\nfurnished such maps, diagrams and other drawings as the\\ngovernor shall require for such compilation. Such com\u00c2\u00ac\\npilation shall not be published until approved by the\\ngovernor.\\n2. The person so designated to prepare and publish\\nsuch compilation shall forward to each town clerk as", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0356.jp2"}, "357": {"fulltext": "The Highway Law of New York.\\n315\\nLaws 1894, chapter 266.\\nmany copies thereof as are required for distribution by this\\nsection. Each town clerk, immediately upon the receipt\\nof such manuals, shall retain one for his office and distri\u00c2\u00ac\\nbute free of charge one copy to each commissioner of high\u00c2\u00ac\\nways and overseer of highways in his town, and the cost\\nthereof, which shall not exceed fifty cents per copy, shall\\nbe a town charge, and shall be audited and allowed as\\nother town charges at the next meeting of the town board.\\nSuch manuals shall remain the property of the town, and\\nupon the expiration of the term of office of each commis\u00c2\u00ac\\nsioner and overseer of highways shall be turned over by\\nhim to the town clerk, who shall deliver the same to the\\nsuccessors in office of such commissioners and overseers.\\nThe cost of such manuals to all other persons shall not\\nexceed seventy-five cents a copy.\\n3. Each supervisor shall, on or before March fifteen,\\neigheen hundred and ninety-four, pay to the person desig\u00c2\u00ac\\nnated by the governor to compile such manual the amount\\ndue for the books forwarded to him. From the moneys so\\nreceived, the compiler shall pay the cost of preparing and\\npublishing such compilation.\\n4. This act shall take effect immediately.\\nLAWS 1894, CHAPTER 266.\\nAN ACT to provide for the employment of state prison\\nconvicts upon the public highway and repealing chapter\\nthree hundred and twelve of the laws of eighteen hundred\\nand ninety-three.\\nSection 1. The superintendent of state prisons may\\nemploy or cause to be employed, not to exceed three hun-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0357.jp2"}, "358": {"fulltext": "316\\nThe Highway Law of New York.\\nLaws 1894, chapter 266.\\ndred of the convicts confined in each state prison in the\\nimprovement of the public highways, within a radius of\\nthirty miles from such prison and outside of an incorpor\u00c2\u00ac\\nated city or village.\\n2. The agent and warden of each prison may make\\nsuch rules as he may deem necessary for the proper care\\nof such prisoners while so employed, subject to the appro\u00c2\u00ac\\nval of the superintendent of state prisons.\\n3. The agent and warden of each prison may desig\u00e2\u0080\u0099\\nnate, subject to the approval of the superintendent of\\nstate prisons, the highways and portions thereof upon\\nwhich such labor shall be employed; and such portions so\\ndesignated and approved shall be under his control during\\nthe time such improvements are in progress, and the state\\nengineer and surveyor shall fix the grade and width of the\\nroadway of such highways and direct the manner in which\\nthe work shall be done.\\n4. The superintendent of state prisons is hereby\\nauthorized to purchase any machinery, tools and materials\\nnecessary in such employment.\\n5. Any person interfering with or in any way inter\u00c2\u00ac\\nrupting the work of any convict employed pursuant to\\nthis act, upon the public highways, or any person giving\\nor attempting to give any intoxicating liquors, beer, ale\\nor other spirituous beverage to any state prison convict so\\nemployed, shall be guilty of a misdemeanor. Any officer\\nor keeper of any state prison having in charge the convicts\\nemployed upon such highways, may arrest without a war\u00c2\u00ac\\nrant any person violating any provision of this section.\\n(Added by chapter 66^, Laws 189\u00c2\u00a3-)\\n6. Chapter three hundred and twelve of the laws of", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0358.jp2"}, "359": {"fulltext": "The Highway Law of New York.\\n317\\nLaws 1895, chapter 499.\\neighteen hundred and ninety-three is hereby repealed.\\n(Chapter 664-, Laics 1894.)\\n7. This act shall take effect immediately. Chapter\\n664, Laws 1894-)\\nLAWS 1895, CHAPTER 499.\\nAN ACT to authorize certain town boards and commis\u00c2\u00ac\\nsioners of highways to expend a sum of money in addition\\nto that authorized by the highway law and to incur an\\nindebtedness for the grading macadamizing and improving\\nof highways in said town.\\nSection 1. The commissioners of highways, and the\\ntown board of any town of one thousand or less inhabi\u00c2\u00ac\\ntants adjoining a city having not less than thirty-five\\nthousand inhabitants, which shall have been authorized\\nby a majority vote of electors in said town by ballot at the\\nlast annual election in said town to expend a sum not\\nexceeding twenty thousand dollars, in addition to the\\nsum authorized to be expended by section seven, article\\none, chapter nineteen of the general laws, known as the\\nhighway law, for the purpose of purchasing stone, and\\nquarrying, breaking, crushing and spreading the same\\nupon the highways in said town, and defraying the ex\u00c2\u00ac\\npenses incidental thereto, are hereby authorized, jointly,\\nto proceed with the said work so authorized by said vote.\\n2. And the town board of any such town is hereby\\nauthorized to pledge the faith and credit of said town to\\nthe extent and amount of such bond or bonds, and the\\nsum to bear interest at a rate not to exceed five per cent", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0359.jp2"}, "360": {"fulltext": "318\\nThe Highway Law of New York.\\nLaws 1895, chapter 499.\\nper annum, to be for such amounts and upon such terms\\nand conditions as may be determined by the said board.\\nSaid bonds, when issued, shall be binding on the town,\\nand shall contain a recital that they are issued under the\\nprovisions of this act, and said recital shall be conclusive\\nevidence in any court of the validity thereof, and of the\\nregularity of their issue. But the said bonds shall be\\npayable within twenty years from the date of their issu\u00c2\u00ac\\nance. Each bond shall be signed by the supervisor of the\\nsaid town and countersigned by the town clerk, and de\u00c2\u00ac\\nlivered to the supervisor of the said town, who shall\\nadvertise the same for sale at public auction to the highest\\nbidder, after one publication at least in one of the news\u00c2\u00ac\\npapers published in the county seat of the county in\\nwhich such town is situated, at least two weeks before\\nthe date of sale. No such bond shall be sold for less than\\nthe par value thereof. All such bonds shall be numbered\\nconsecutively, and a record thereof kept of each by the\\ntown clerk and supervisor, showing the date, amount and\\ndate of maturity of each. All moneys to be derived from\\nthe sale of bonds shall be kept in a separate fund by the\\nsupervisor, and all orders for the payment of such moneys\\nshall be drawn only by the authority of the town board,\\nsigned by the supervisor of the town, and countersigned\\nby the town clerk. Before the supervisor shall advertise\\nany such bond, he shall execute to such town, and file\\nwith the town clerk a special bond, with sufficient sure\u00c2\u00ac\\nties, to be approved as to its form and sufficiency, by a\\nmajority of the town board, exclusive of the said super\u00c2\u00ac\\nvisor, conditioned for the faithful execution of his duties\\nin reference to the sale of said bonds, and applications of\\nthe proceeds under the direction of the said town board.\\nAt any time, when in the opinion of a majority of the\\nmembers of such town board the moneys entrusted to\\nsuch person as supervisor shall be deemed unsafe, or the", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0360.jp2"}, "361": {"fulltext": "The Highway Law of New York.\\n319\\nLaws 1895, chapter 499.\\nsurety insufficient, they may require a new and further\\nbond, with like conditions as the first, and in such pen\u00c2\u00ac\\nalty and with such sureties as they may deem requisite\\nand proper. Should default be made in the giving and\\nfiling of the bond as herein provided for, within the time\\nlimited herein, or if the supervisor neglect to renew his\\nbond, as last hereinbefore provided for, the town clerk,\\nat the request of the said board, shall cause a written\\nnotice to be served upon the person so in default requiring\\nhim to furnish such bond, or such renewal, as the case\\nmay be, within ten days from the day of service of such\\nnotice.\\n3. The work done on the roads and highways under\\nand by virtue of the provisions of this act shall be awarded\\nto the lowest responsible bidder, who shall furnish security\\nsatisfactory to the majority of the town board and high\u00c2\u00ac\\nway commissioners of the town. The said highway com\u00c2\u00ac\\nmissioners and town board of such town are authorized\\nand directed to advertise for any and all work done under\\nthe provisions of this act at least once a week for two\\nweeks in a paper published in the county seat of the\\ncounty in which such town is situated. Said advertise\u00c2\u00ac\\nment for such work to be done shall contain a sufficient\\nspecification of the character and extent of the work to be\\ndone, and the places designated by a special town meeting\\nin said town where the work is to be done.\\n4. This act shall take effect immediately.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0361.jp2"}, "362": {"fulltext": "320\\nThe Highway Law of New Yoek.\\nLaws 1895, chapter 611.\\nLAWS 1895, CHAPTER 611.\\nAN ACT in relation to certain highways in towns which\\nhave expended three hundred thousand dollars or more for\\nmacadamizing purposes.\\nSection 1 Whenever the commissioners of highways\\nof any town, in which during the past five years there has\\nbeen expended the sum of three hundred thousand dollars,\\nor more, for the purpose of macadamizing the highways\\nof such town, shall by a majority vote of such commis\u00c2\u00ac\\nsioners, determine that any portion of any highway or\\nstreet, not within the limits of an incorporated village,\\nwhich is the terminus of such street or highway, is unnec\u00c2\u00ac\\nessary for highway purposes, the said commissioners may,\\nby an order to be duly entered upon their minutes, order\\nsuch highway to be discontinued and abandoned for public\\npurposes. Provided, however, that no greater portion of\\nsuch highway to be discontinued shall be more than five\\nhundred feet of the terminus thereof, nor unless the con\u00c2\u00ac\\nsent of the owners of the land on both sides of such high-\\nway or street for the distance it is proposed to discontinue\\nthe same, shall, by written petition to such highway\\ncommissioners, request the discontinuance thereof.\\n2. Immediately upon making and entering the order\\nmentioned in the first section of this act, the said commis\u00c2\u00ac\\nsioners shall cause a written description of that portion\\nof the street or highway ordered to be discontinued, to be\\nfiled and recorded in the office of the town clerk of the\\ntown in which the same said street or highway is located,\\nand when the same is duly recorded, the said portion of\\nthe said street or highway shall thereupon be and become\\nduly abandoned and discontinued for highway purposes.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0362.jp2"}, "363": {"fulltext": "The Highway Law of New York.\\n321\\nLaws 1895, chapter 717.\\n3. All acts and parts of acts inconsistent with this act,\\nin so far as they are inconsistent, are hereby repealed.\\n4. This act shall take effect immediately.\\nLAWS 1895, CHAPTER 717.\\nAN ACT to compel highway commissioners to file their\\ncontracts in certain cases.\\nSection 1. Within twenty days after the passage of this\\nact, it shall be the duty of the highway commissioners in\\neach of the several towns of this state which has adopted\\nthe money system of taxation for highway purposes to file\\nwith the town clerk of the town in which said commis\u00c2\u00ac\\nsioners reside all contracts made by such commissioners\\nby and on behalf of such towns for the construction, care\\nand maintenance of the public highways located therein.\\n2. All commissioners of highways in towns wherein\\nthe money system of taxation has been adopted for high\u00c2\u00ac\\nway purposes shall, within ten days after any such contracts\\nhave been made as specified in section one of this act, file\\nthe said contracts with the town clerk of the town in which\\nsuch highways are located.\\n3. Any person offending againt the provisions of this\\nact is hereby declared to be guilty of a misdemeanor.\\n4. This act shall take effect immediately.\\n21", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0363.jp2"}, "364": {"fulltext": "322\\nThe Highway Law of New York.\\nLaws 1896, chapter 309.\\nLAWS 1896, CHAPTER 309.\\nAN ACT to amend chapter two hundred and fifty-five\\nof the laws of eighteen hundred and ninety-two, as\\namended by chapter seventy-nine of the laws of eighteen\\nhundred and ninety-three, entitled An act to authorize\\nthe several towns of this state to establish lamp or lighting\\ndistricts outside the limits of any incorporated village or\\nvillages therein and to provide for the lighting of public\\nbuildings, streets, avenues highways and public places in said\\ndistrict,\u00e2\u0080\u009d relating to districts in more than one town.\\nSection 1 Section one of chapter two hundred and\\nfifty-five of the laws of eighteen hundred and ninety-two,\\nas amended by chapter seventy-nine of the laws of eighteen\\nhundred and ninety-three, is hereby amended to read as\\nfollows:\\n1. It shall be lawful for the town board of any town\\nin this state to contract for the lighting of the streets,\\navenues, highways, public places and public buildings\\ntherein, outside of the corporate limits of any incorpor\u00c2\u00ac\\nated village in said town, upon such terms and for such\\ntime or period not exceeding ten years, as the town board\\nmay deem proper or expedient, and for the payment of\\nthe expenses thereof may establish one or more lamps or\\nlighting districts therein. It shall be lawful for the town\\nboards of two or more adjoining towns in this state when\u00c2\u00ac\\never a petition for the establishment of a lamp or lighting\\ndistrict shall cover territory lying in two or more adjoin\u00c2\u00ac\\ning towns in this state, to contract for the lighting of the\\nstreets, avenues, highways, public places and public\\nbuildings therein, outside of the corporate limits of any\\nincorporated village in said town upon such terms and\\nfor such time, or period not exceeding ten years, as the", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0364.jp2"}, "365": {"fulltext": "The Highway Law of New York.\\n323\\nLaws 1896, chapter 309.\\ntown boards of two or more adjoining towns in joint ses\u00c2\u00ac\\nsion assembled may deem proper or expedient and for the\\npayment of the expenses thereof.\\n2. Section two of said act as amended is hereby\\namended to read as follows:\\n2. No such contract shall be made unless a petition\\nfor such lighting signed by not less than twenty-five of the\\ntaxable inhabitants of said town, shall be filed with the\\ntown clerk of said town. If such district shall lie in two\\nor more adjoining towns, then the petition for such light\u00c2\u00ac\\ning shall be signed by not less than twenty-five of the tax\u00c2\u00ac\\nable inhabitants of said towns residing in said district and\\nshall be filed with the town clerk of each of said towns.\\n3. Section three of said act as amended is hereby\\namended to read as follows:\\n3. The town board, or if such district shall lie in two\\nor more adjoining towns, then the town boards of each\\nsuch town shall cause notice of the same to be published\\nfor one week in one or more of the newspapers published\\nin such town or towns, or if no newspaper be published\\nin such town or towns, then by posting said notice in at\\nleast six public and conspicuous places in said district of\\nthe filing of said petition, and the time and place when\\nthe same will be acted upon by said town board, or if such\\nlighting district lies in two or more adjoining towns, then\\nwhen the same will be acted upon at a joint meeting of\\nthe town boards of such towns, to be held in the territory\\nwhere such district is to be created.\\n4. Section four of said act as amended is hereby\\namended to read as follows:\\n4. The amount of any contract that may be entered\\ninto pursuant to the provisions of this act, shall be", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0365.jp2"}, "366": {"fulltext": "324\\nTiie Highway Law of New Yoke.\\nLaws 1896, chapter 423.\\nassessed, levied and collected upon the taxable property\\nin said town or district in the same manner, at the same\\ntime, and by the same officers as the town taxes, charges\\nor expenses of said town are now assessed, levied and col\u00c2\u00ac\\nlected, and the same shall be paid over by the supervisor\\nto the corporation, company, person or persons furnishing\\nor supplying said light. If the town boards of two or more\\nadjoining towns shall, in joint session, establish a lamp or\\nlighting district in two or more adjoining towns, they shall\\ndetermine the relative proportion of the expense of such\\nlighting which shall bo borne by each of said towns, and\\nthe amount of such expense shall be assessed and levied\\non the taxable property in such lighting district in each\\nof said towns, and collected in the same manner and at\\nthe same time, and by the same officers as the town taxes\\nor charges or expenses of the town in which said district\\nis located, are now assessed, levied and collected, and\\nsuch relative expense shall be paid over by the supervisor\\nof each of said towns to the corporation, company, person\\nor persons furnishing or supplying said light.\\n5. This act shall take effect immediately.\\nLAWS 1896, CHAPTER 423.\\nAN ACT to preserve forever the Neiv York and Albany post\\nroad as a state public highway.\\nSection 1. The old established road along the valley of\\nthe Hudson river from the city of New York to the city of\\nAlbany, known as the Albany post road, shall be a public\\nhighway for the use of the traveling public forever.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0366.jp2"}, "367": {"fulltext": "The Highway Law op New York.\\n325\\nLaws 1896, chapter 464.\\n2. The said highway shall be kept open and free to all\\ntravelers, and shall not be obstructed in any way by any\\nobstacle to free travel.\\n3. No trustees of any village or corporation of any\\ncity upon its route, or board of commissioners of high\u00c2\u00ac\\nways of towns, or any other person or board whatever,\\nshall have any power or authority to authorize or license\\nthe laying of any railroad track upon said highway, except\\nto cross the same, and any such action shall be void and of\\nno effect.\\n4. This act shall not apply to any portion of said road\\nwithin the city of New York, nor shall it apply to the road\\nof the president, directors and company of the Rensselaer\\nand Columbia turnpike, nor to the villages, of Sing Sing\\nor Peekskill, in Westchester county.\\n5. This act shall take effect immediately.\\nLAWS 1896, CHAPTER 464.\\nAN ACT to provide for payment of damages sustained by\\nreason of discontinuance and closing of highways under\\nchapter six hundred and eleven of the laws of eighteen hun\u00c2\u00ac\\ndred and ninety-five.\\nSection 1. Any person or corporation interested as\\nowner or otherwise in any lands and claiming any loss or\\ndamage, legal or equitable by reason of the discontinuance,\\nabandonment or closing of any street or highway, not\\nwithin the limits of an incorporated village, under or pur\u00c2\u00ac\\nsuant to the provisions of chapter six hundred and eleven", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0367.jp2"}, "368": {"fulltext": "326\\nThe Highway Law of New York.\\nLaws 1897, chapter 269.\\nof the laws of eighteen hundred and ninety-five or of any\\nact amendatory thereof or supplemental thereto, may, upon\\nten days\u00e2\u0080\u0099 written notice to the highway commissioners of\\nthe town in which such lands are situated apply to the\\nsupreme court or to the county court of the county within\\nwhich such lands are situated for the appointment of com\u00c2\u00ac\\nmissioners to estimate and determine such loss and dam\u00c2\u00ac\\nage, whereupon the court shall appoint three disinterested\\ncommissioners of appraisal to estimate and determine such\\ndamage, and the amount of compensation to be paid by\\nsaid town therefor, who shall make their report thereupon\\nto such court, and which report when finally confirmed\\nshall be final and conclusive in respect thereto and the\\nlegality and equity of any and all such claims shall be\\ndetermined by such commissioners and by the court upon\\nthe hearing of their report.\\n2. Any loss or damage so estimated and determined\\nshall be paid by said town as in case of judgment.\\n3. This act shall take effect immediately.\\nLAWS 1897, CHAPTER 269.\\nAN ACT to provide for the construction and maintenance\\nof bridges over the waters between cities and towns or incor\u00c2\u00ac\\nporated villages in said towns.\\nSection 1. Whenever the highway commissioners hav\u00c2\u00ac\\ning power in the premises under this act shall decide that\\nthe public convenience requires a bridge to be constructed\\nover the stream or waters dividing a city from a town or\\nany incorporated village in said town, the same shall be", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0368.jp2"}, "369": {"fulltext": "The Highway Law of New York.\\n327\\nLaws 1897, chapter 269.\\nconstructed under and according to the provisions of the\\nhighway law for the construction of bridges between towns,\\nbeing article five of chapter nineteen of the general laws,\\nthe common council of the city being the highway com\u00c2\u00ac\\nmissioners of said city, and the board of village trustees\\nof any incorporated village in the town being the highway\\ncommissioners of said village.\\n2. Any land required for the approaches to said bridges\\nfor a distance not exceeding three hundred feet from the\\nbridge, may be bought by the commissioners of high\u00c2\u00ac\\nway constructing the bridge, the approaches constructed\\nand the cost thereof included in the cost of the bridge.\\n3. When an agreement can not be made as to the price\\nto be paid for the land for such approaches, the said land\\nshall be condemned in the manner as provided by chapter\\nninety-five, laws of eighteen hundred and ninety, with the\\nacts amendatory thereof. The expenses of said condemn\u00c2\u00ac\\nation proceedings shall be included in and be a part of the\\ncost of the bridge.\\n4. In order to pay for the said bridges, the city, or\\ntown, shall have the power to issue bonds to be known as\\nbridge bonds of the said city or town as the case may be\\nby the officers thereof and in the manner provided by law\\nfor the issue of other bonds of said city or town to an\\namount necessary to pay its proportion of the cost of said\\nbridges which shall be borne equally by said city and town.\\nThe total amount of such bonds to be issued by the city\\nshall not exceed twenty thousand dollars, or by a town,\\ntwenty thousand dollars. Said bonds shall not be sold for\\nless than the par value thereof and accrued interest, if\\nany; shall mature and be payable at a time not over thirty\\nyears from date; be of such denominations and bear such\\ni", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0369.jp2"}, "370": {"fulltext": "328\\nThe Highway Law of New York.\\nLaws 1897, chapter 286.\\ninterest, not exceeding five per centum per annum, as the\\ncommon council of the city, in case of a city, or the town\\nboard, in case of the town, shall determine. The proceeds\\nof the said bonds shall be paid to the proper officer for\\nreceiving funds of each municipality, and credited to a\\nfund which shall be known as the bridge fund, and shall\\nonly be paid out by warrants, as other funds of said city\\nor town are paid out.\\nAmended by L. 1898, ch. 591.\\n5. This act shall apply only to towns from which at\\nleast one-quarter of the territory thereof has heretofore\\nbeen taken for park purposes, and which also adjoin a\\ncity containing at the time of the taking of the last fed\u00c2\u00ac\\neral census a population of one and one-half million.\\n6. This act shall take effect immediately.\\nNote.\u00e2\u0080\u0094 Probably only applies to some town adjoining New York City.\\nLAWS 1897, CHAPTER 286.\\nAN ACT to provide for the widening and improving of\\nhighways in towns having a total population of eight thousand\\nor more inhabitants and containing an incorporated village\\nhaving a total population of not less than eight thousand and\\nnot more than fifteen thousand inhabitants\\nSection 1 In any town, having a total population of\\neight thousand or more inhabitants and containing an\\nincorporated village having a total population of not less\\nthan eight thousand and not more than fifteen thousand\\ninhabitants, except in the county of Madison, any five", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0370.jp2"}, "371": {"fulltext": "The Highway Law of New York.\\n329\\nLaws 1897, chapter 286.\\nor more persons owning lands adjoining or abutting on\\nany highway, which extends within the limits of such\\ntown and without the limits of such incorporated village\\nfor a distance of at least two and one-half miles, may pre\u00c2\u00ac\\nsent to the supreme court, at a special term thereof to be\\nheld in the county containing said town, a petition for the\\nappointment of three commissioners for the purpose of\\nwidening and improving such highway or a certain specified\\nportion thereof not less than two miles and a half in length,\\nsuch portion being wholly without the limits of such incor\u00c2\u00ac\\nporated village. Such petition shall describe the part of\\nthe highway proposed to be widened and improved by\\nstating its location and the length and limits of the por\u00c2\u00ac\\ntion thereof proposed to be widened and improved, and\\nshall state the width of the proposed widening and the\\ncharacter of the proposed improvement, and shall also\\nstate and give the exterior lines of said portion of said\\nhighways as proposed to be made by such widening, and\\nshall have annexed thereto a diagram or map showing\\nsuch proposed exterior lines. Such petition shall be\\nsigned by all of the petitioners and verified by at least\\nthree of them. Notice of the presentation of such peti\u00c2\u00ac\\ntion to such court shall be given by the petitioners by pub\u00c2\u00ac\\nlishing such notice in two newspapers published in such\\ntown, if there be such newspapers published therein, and\\nif not in two newspapers published in such county, once\\nin each week for two weeks successively preceding the day\\nof such presentation. Such notice shall be signed by at\\nleast three of said petitioners and shall set forth the time\\nand place when such presentation will be made and that\\nthe same will be made pursuant to this act. Upon such\\npresentation such court shall, after hearing any person\\ninterested or claiming to be interested in any land within\\nsuch town, who may appear, appoint three disinterested\\npersons, who shall not reside or be freeholders within", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0371.jp2"}, "372": {"fulltext": "330\\nThe Highway Law of New York.\\nLaws 1897, chapter 286.\\nsuch town, as commissioners. And in case any of such\\ncommissioners shall at any time decline to serve or die or\\nfor any cause become disqulaified or disabled from serving\\nas such, the said court, at a similar special term, may\\nupon similar notice and application and hearing, appoint\\nanother or other persons similarly qualified to fill the\\nvacancy or vacancies and to act in their place and stead.\\n2. The said commissioners shall take the oath of office\\nprescribed by the constitution of this state, which oath\\nshall be filed in the office of the town clerk of said town,\\nand a copy thereof, certified by such clerk, in the office\\nof the county clerk of such county. The commissioners\\nshall then proceed with all reasonable diligence to exam\u00c2\u00ac\\nine such highway and the portion thereof proposed by said\\npetition to be widened and improved and the lands adjoin\u00c2\u00ac\\ning or abutting on such portion, and may enter upon said\\nlands for such purpose. After having made such examin\u00c2\u00ac\\nation they shall appoint a time and place within said town\\nfor a meeting to hear all persons interested in such widen\u00c2\u00ac\\ning and improving They shall cause notice of such meet\u00c2\u00ac\\ning to be given by publishing a notice, stating the time\\nand place of such meeting, in at least two newspapers\\npublished in said town, if such there be, and if not, in\\ntwo newspapers published in said county once injeach week\\nfor two weeks successively next preceding the day of such\\nmeeting. At such meeting they shall hear the proofs and\\nallegations of any party interested or claiming to be inter\u00c2\u00ac\\nested who may appear; and they shall have power to\\nadjourn such meeting from time to time for such purpose.\\nThe said commissioners shall thereafter and with all\\nreasonable diligence determine whether or not such pro\u00c2\u00ac\\nposed widening and improving shall be made. They shall\\nmake and sign duplicate certificates of their decision and\\nfile one of such certificates in the town clerk\u00e2\u0080\u0099s office of said", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0372.jp2"}, "373": {"fulltext": "The Highway Law of New York.\\n331\\nLaws 1897, chapter 286.\\ntown and the other in the county clerk\u00e2\u0080\u0099s office of such\\ncounty.\\n3. If the said decision of such commissioners shall be\\nagainst the making of such widening and improvement,\\ntheir duties under this act shall cease and they shall be\\nentitled to receive from and be paid by such town for their\\nservices at the rate of five dollars a day not to exceed one\\nhundred dollars; but if such decision shall be in favor of\\nthe making of said widening and improvement, then the\\nsaid commissioners shall continue in the discharge of their\\nduties as hereinafter provided.\\n4. The said commissioners shall prepare a map show\u00c2\u00ac\\ning the present lines and boundaries of said portion of\\nsuch highway before being widened and also the lines and\\nboundaries of such portion as to be widened, and also\\ndesignating the several lots, pieces or parcels of land neces\u00c2\u00ac\\nsary to be taken for such widening and for such purposes\\nmay enter upon such lands. They shall sign said map\\nand file the same in the office of the town clerk of such\\ntown.\\n5. Said commissioners shall then cause a notice to be\\npublished, in two such newspapers as aforesaid once in\\neach week or two weeks successively next preceding the\\nday of the meeting mentioned in such notice, that at a\\nstated time and place within said town they will meet for\\nthe purpose of hearing any and all parties interested or\\nclaiming to be interested in the amount of damages to be\\nawarded for the lands to be taken for such widening.\\nSaid notice shall also state the fact that said map has been\\nfiled as aforesaid. At the time and place of said meeting\\nand at any adjournment thereof, which said commis\u00c2\u00ac\\nsioners may publicly make, they shall hear the proofs and", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0373.jp2"}, "374": {"fulltext": "332\\nThe Highway Law of New York.\\nLaws 1897. chapter 286.\\nallegations of any and all parties interested or claiming to\\nbe interested in the amount of said damages. The said\\ncommissioners shall therefore make and sign a report in\\nwriting, in which they shall assess, allow and state the\\namount of damages to be sustained by the owners of the\\nseveral lots, pieces and parcels of land to be taken for said\\nwidening. Such report shall contain the names of such\\nowners; except that in case the commissioners are unable\\nafter due diligence to ascertain the name or names of the\\nowner or owners of any parcel of land to be taken for said\\nwidening as aforesaid, they may, in place of the name of\\nsuch undiscovered parties, insert the words \u00e2\u0080\u009cunknown\\nowner\u00e2\u0080\u009d in their said report. The said commissoners\\nshall then file their said report in the office of the town\\nclerk of said town. After said report shall have been\\ncompleted and filed as aforesaid, the commissioners shall\\ncause a notice to be published in two such newspapers as\\naforesaid once in each week for two weeks successively\\nthat their said report has been completed and filed and\\nthat they will meet at a time or place in said town therein\\nspecified, not less than ten days from the first publication\\nof said notice, to review their report, and that at said time\\nand place any person interested or claiming to be inter\u00c2\u00ac\\nested, may offer objections in writing to such report and\\naccompany the same with such affidavits as he may think\\nproper. The commissioners at such meeting shall hear\\nthe proofs and allegations of any party interested or claim\u00c2\u00ac\\ning to be interested, who may appear, and they shall have\\npower to adjourn such meeting from time to time for such\\npurpose. The commissioners shall thereupon review their\\nsaid report and correct the same, where they shall deem\\nproper, and shall thereafter refile the same with the said\\ntown clerk; and the commissioners shall thereupon, after\\npublishing a notice in like manner as that provided in the\\nfirst section hereof for the publication of the notice therein", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0374.jp2"}, "375": {"fulltext": "The Highway Law of New York.\\n333\\nLaws 1897, chapter 286.\\nprovided for, apply to the supreme court, at a special term\\nthereof to be held in such county, to have the said report\\nconfirmed. Upon the hearing of such application for con*\\nfirmation such court shall hear in opposition only the objec\u00c2\u00ac\\ntions in writing and the accompanying affidavits, which\\nhave been presented to the commissioners as above pro\u00c2\u00ac\\nvided. If no sufficient reason to the contrary shall\\nappear, the court shall affirm the said report. Otherwise\\nit may refer the same back to the said commissioners for\\nrevision or correction; and after such revision or correc\u00c2\u00ac\\ntion the same proceedings shall be taken as are hereinbe\u00c2\u00ac\\nfore provided for at and after the first meeting of the com\u00c2\u00ac\\nmissioners for the revision or correction of such report.\\nThe commissioners shall thereupon, in the same manner as\\nhereinbefore provided for, make renewed application for\\nthe confirmation of such report and the court shall there\u00c2\u00ac\\nupon affirm or refer back the said report and such pro\u00c2\u00ac\\nceedings shall be repeated until a report shall be presented,\\nwhich shall be confirmed by the said court.\\n6. Within six months after the report of said commis\u00c2\u00ac\\nsioners shall be refiled and confirmed as aforesaid, the\\nsupervisor of such town shall out of the proceeds of the\\nbonds hereinafter mentioned, pay to the several and\\nrespective persons named in such report respectively the\\namounts awarded to them for damages as aforesaid with\\nsix per centum interest thereon from the day of the con\u00c2\u00ac\\nfirmation of said report, which amounts with such interest\\nare hereby made and declared to be charges upon said\\ntown; except in cases where the persons named in such\\nreport shall be liable to bo assessed for the improvements\\nherein, in which cases the amount of the assessment here\u00c2\u00ac\\ninafter provided for shall be first deducted and the balance\\nonly (if any) paid to the owners. And in, case there are\\nany unknown owners named in said report, the said super-", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0375.jp2"}, "376": {"fulltext": "334\\nThe Highway Law of New York.\\nLaws 1897, chapter 286.\\nvisor shall deposit the amounts awarded to them with like\\ninterest in some trust company in such manner as the said\\ncourt shall in the order of confirmation direct, such\\namounts to be paid out upon the application of said\\nunknown owners when discovered. From the date of the\\nconfirmation of such report by the order of the said court\\nthe title of all the lands therein designated to be taken for\\nthe said widening shall vest in such town for the purposes\\nof a highway forever.\\n7. After the confirmation of the said report the super\u00c2\u00ac\\nvisor of the said town shall from time to time, upon the\\nwritten requisition of the said commissioners, for the pur\u00c2\u00ac\\npose of paying the said land damages and the expenses of\\nthe said improvement, make, execute and issue in due\\nform the bonds of the said town for not to exceed the\\naggregate sum of seventy-five thousand dollars principal,\\nin denominations of one thousand dollars each. The faith\\nand credit of the said town is hereby pledged for the pay\u00c2\u00ac\\nment of the said bonds, principal and interest. The said\\nbonds shall bear interest at not to exceed five per centum\\nper annum, such interest to be payable semi-annually.\\nThey shall become due and payable, the first two thousand\\ndollars thereof at the expiration of ten years from the day\\nof their issue and two thousand dollars thereof in each and\\nevery year after said ten years, until all of the same shall\\nhave become due and payable. Each of said bonds shall\\ncontain a recital that it is issued under the provisions of\\nthis act; and such recital shall be conclusive evidence in\\nany court of the validity of such bond and of the regularity of\\nits issue. Each such bond shall be signed by the supervisor\\nof such town and countersigned by the town clerk thereof.\\nAll of such bonds shall be numbered consecutively and a\\nrecord thereof shall be kept by such town clerk showing\\nthe number, date, amount and date of maturity of each.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0376.jp2"}, "377": {"fulltext": "The Highway Law of New York.\\n335\\nLaws 1S97, chapter 286.\\nThe said bonds shall be sold by the supervisor for not less\\nthan their par value and accrued interest, if any. All\\nmoneys derived from the sale of said bonds shall be kept\\nin a separate fund by the said supervisor and shall be paid\\nout by him only upon orders signed by the said commis\u00c2\u00ac\\nsioners and shall be applied only to meet and defray\\ndisbursements under this act, except that the said super\u00c2\u00ac\\nvisor shall, without any order signed by said commis\u00c2\u00ac\\nsioners, out of the said funds, pay to the parties entitled\\nthereto or to such trust company as above provided the\\namounts awarded in such report as confirmed for damages\\nfor lands taken or to be taken; and the said supervisor\\nshall be entitled to receive one per centum, and all neces\u00c2\u00ac\\nsary expenses or disbursements, on all moneys disbursed\\nby him thereunder.\\n8. In case the town board of said town shall deem it\\nnecessary or proper so to do, they may make an order to\\nbe entered on their minutes, designating one or more good\\nand solvent banks, bankers or banking associations in said\\ncounty for the deposit of all moneys received by the super\u00c2\u00ac\\nvisors upon the sale of said bonds; and said commissioners\\nshall have power and authority to agree with any such\\nbank, banker or banking association so designated, upon\\na rate of interest per annum to be paid on the money when\\ndeposited; and the accrued interest thereon as often as\\nonce in six months be credited by such depository or de\u00c2\u00ac\\npositories to the account of such funds; and it shall be the\\nduty of said supervisor, upon the making of such order of\\nsaid board, to forthwith deposit all sums of money received\\nby him from the sale of such bonds with such depository\\nor depositories so selected by said board; and thereupon\\nsaid supervisor shall be relieved and released from all\\nliabilities occasioned from any loss of said money while\\nupon deposit with such depository or depositories, but", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0377.jp2"}, "378": {"fulltext": "336\\nThe Highway Law of New York.\\nLaws 1897, chapter 286.\\nnothing herein contained shall be held to relieve said\\nsupervisor of responsibility for the loss of any such moneys,\\nwhile they are in his hands.\\n9. The said commissioners, after the completion of\\nsaid report, shall make and sign the necessary plans and\\nspecifications for the work and materials necessary for\\nmaking said widening and improvement, and shall file the\\nsame in the office of said town clerk. They shall then\\npublish, in the manner provided in section one hereof for\\nthe publication of the notice therein provided for, a notice,\\nthat they will receive at a time and place therein desig\u00c2\u00ac\\nnated, sealed proposals for such work and materials. All\\nbids or proposals received in response to said advertise\u00c2\u00ac\\nments shall be publicly opened at such meeting of said com\u00c2\u00ac\\nmissioners; and they shall award each contract for which\\nbids and proposals have been so advertised for, as afore\u00c2\u00ac\\nsaid, to the lowest bidder therefor; or they may reject any or\\nall bids, and readvertise as often as they may deem it to be\\nbest so to do, and shall continue to do so until bids acceptable\\nto said commissioners shall have been received. Said con\u00c2\u00ac\\ntract or contracts when awarded, shall be executed by the\\nsupervisor of such town under the direction of the afore\u00c2\u00ac\\nsaid commissioners in behalf of said town. All contracts\\nwhen awarded shall be executed in writing and in dupli\u00c2\u00ac\\ncate by the contractor or contractors on the one part, and\\nsaid supervisor and commissioners acting for such town on\\nthe other part. One of said original contracts shall be\\ndelivered to the said contractor or contractors and the\\nother shall be filed in the town clerk\u00e2\u0080\u0099s office of said town.\\nThe work and materials called for by said contractor or\\ncontractors shall be done and furnished under the direction\\nand supervision, and subject to the inspection of said\\ncommissioners; and in no event shall such town be\\nheld in any action brought or had under any contract", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0378.jp2"}, "379": {"fulltext": "The Highway Law of New York.\\n337\\nLaws 1897, chapter 286.\\nso made to any other or greater liability than that\\nexpressed therein, nor required to pay out or other\u00c2\u00ac\\nwise dispose of any sum of money for the doing of such\\nwork or the furnishing of such materials greater than\\nis stipulated in such contract, nor otherwise than in\\nstrict conformity with the stipulations thereof. In\\ncase any work shall be abandoned by any contractor,\\nor his contract terminated pursuant to the provisions\\nthereof, 1 it shall be readvertised and relet in the manner in\\nthis act provided for the original letting of said work. No\\nextra work or materials shall be done or furnished or\\nallowed for unless the same is allowed by said commis\u00c2\u00ac\\nsioners or a majority of them in writing before the same\\nis done. Each bidder to whom a contract or contracts is\\nawarded as hereinbefore provided, shall give a bond to\\nsaid town with two or more sureties for the faithful per\u00c2\u00ac\\nformance of his contract in such sum as shall be prescribed\\nby said commissioners; and the said town may bring and\\nmaintain action upon any such bond.\\n10. No surface railway shall be constructed on any\\nsaid highway so widened, except within eleven feet on\\neach side of the center line of said highway, and no such\\nrailway shall be operated by horse or horses. A distance\\nof not less than twenty feet on each side of such twenty-\\ntwo feet so reserved for railroad purposes shall be im\u00c2\u00ac\\nproved for highway purposes and not less than sixteen feet\\nof said twenty feet shall be of macadam. Sidewalks shall be\\ngraded on each side of said highway to a width of not less\\nthan fifteen feet each.\\n11. The said commissioners may employ counsel and\\nan engineer and other assistants to advise and assist them\\nin the discharge of their duties under this act. The com-\\n22", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0379.jp2"}, "380": {"fulltext": "338\\nThe Highway Law op New York.\\nLaws 1897, chapter 286.\\npensation of such counsel, engineer and assistants shall\\nbe audited and fixed by the commissioners and shall be a\\ncharge upon the said town and shall be paid by the super\u00c2\u00ac\\nvisor of such town out of the proceeds of said bonds, upon\\nthe order or orders of said commissioners, except that in\\ncase the decision of said commissioners, provided for in\\nsections two and three of this act, be against the widening\\nand improving of such highway, then the compensation\\nof such counsel, engineer and assistants shall be paid by\\nthe said town in the same manner in which ordinary\\ncharges against said town are paid, except that the audit\\nthereof by the said commissioners shall in all respects be\\nfinal and conclusive. In case such decision be in favor of\\nsaid widening and improving, then the fees of the said\\ncommissioners shall be the rate of five dollars a day to\\neach for his services, not exceeding however in the aggre\u00c2\u00ac\\ngate the sum of five hundred dollars to each, and shall be\\naudited by the supervisor of said town and paid by him\\nout of the proceeds of said bonds, without any order of\\nsaid commissioners.\\n12. When the said commissioners shall determine that\\nthe said work of widening and improving said highway has\\nbeen completed, they shall file in the office of the town\\nclerk of such town their certificate stating such conclusion\\nand the entire cost of the making of said widening and\\nimprovement. The assessors of such town shall thereafter\\nproceed to assess upon and against the several lots, pieces\\nand parcels of land situated within the district of assess\u00c2\u00ac\\nment hereinafter provided, one-half of said entire cost, as\\nstated in said certificate, in proportion to the benefits,\\nwhich such lots, pieces and parcels of laud in the judg\u00c2\u00ac\\nment of said assessors have received and will receive\\nrespectively from such widening and improving. The said\\ndistrict shall include all the several lots, pieces and par-", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0380.jp2"}, "381": {"fulltext": "The Highway Law of New York.\\n339\\nLaws 1897, chapter 286.\\ncels situated within the limit of the said town and outside\\nof the limits of said village. Of any lot, piece or parcel of\\nland being within said town and partly within and partly\\nwithout said village, the portion being without said til\u00c2\u00ac\\nlage shall be deemed a separate lot, piece or parcel and\\nshall be included in such district. The said assessors\\nof said town shall make a list of all the several lots,\\npieces or parcels of land included in said district of\\nassessment and file the same in the office of the town\\nclerk of such town. They shall thereupon give public\\nnotice of the time and place of a meeting to be held by\\nthem, by publishing such notice in the manner provided\\nin the first section hereof for the publication of the notice\\ntherein provided for. Such notice shall state that at the\\ntime and place therein designated the said assessors will\\nmeet and hear any person interested or claiming to be\\ninterested in any of said lands. At such meeting they\\nshall hear the proofs and allegations of all parties, having\\nor claiming to have any interest in said lands, who may\\nappear and desire to be heard. The said assessors shall\\nthereafter assess upon and against the said several lots,\\npieces and parcels of land included in said district of assess\u00c2\u00ac\\nment, one-half of said entire cost in proportion to the\\nbenefit which in the judgment of the said assessors has\\naccrued or will accrue to said lots, pieces or parcels of land\\nrespectively from the widening and improving the said\\nhighway. The said assessors shall prepare and sign a list\\nof such assessments which shall state each of said lots,\\npieces and parcels of land and the amount assessed by them\\nupon and against it separately and also the name of the\\nowner of each of said lots, pieces or parcels of land, where\\nby reasonable diligence they can ascertain it and where\\nthey can not ascertain such name then they shall state the\\nname as \u00e2\u0080\u009cunknown owner. The said assessors, after\\ncompleting such list, shall file the same in the office of", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0381.jp2"}, "382": {"fulltext": "340\\nThe Highway Law of New York.\\nLaws 1897, chapter 286.\\nthe town clerk of said town and shall give public notice\\nof a meeting to be held by them at a specified time and\\nplace within said town for the purpose of hearing any\\nobjections to such list and assessment. Such notice shall\\nbe published in the same manner as provided in section\\none hereof for the publication of the notice therein pro\u00c2\u00ac\\nvided for. At the time and place mentioned in said notice\\nthe said assessors shall meet and hear any and all objec\u00c2\u00ac\\ntions, which may be presented to them to the said list\\nand assessment or any part thereof and may publicly\\nadjourn their meeting for such purpose and they shall\\nconsider and\u00e2\u0080\u0099determine upon said objection; and they may\\nrevise said list or amend the same and shall correct\\nany error therein and after having made any corrections,\\nthat in their judgment may be proper, they shall con\u00c2\u00ac\\nfirm the said list and assessment as thus corrected and\\nrefile the same in the office of said town clerk; and\\nsuch clerk shall indorse upon said list the date and minute\\nof said refiling and from that moment the assessments\\nmade by said list shall become and be liens upon and\\nagainst the several lots, pieces and parcels of land respec\u00c2\u00ac\\ntively mentioned therein. The said assessments shall\\nbecome due and payable in ten equal annual installments;\\nthe first of such installments on the first day of March\\nnext following the refiling of said list, and one of the\\nothers on the first day of March in each and every year\\nthereafter until all the same shall become due. And each\\nof said installments shall bear interest at the rate of six\\nper centum from the date of the refiling of such list as\\naforesaid. The supervisor of said towu shall forthwith\\nafter each of said installments becomes due, provided same\\nis still unpaid, issue a warrant under his hand and seal as\\nsuch supervisor to the receiver or collector of taxes of said\\ntown for the collection of such installment with interest as\\naforesaid, which warrant shall be in the form as nearly as", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0382.jp2"}, "383": {"fulltext": "The Highway Law of New Yoke.\\n341\\nLaws 1897, chapter 286.\\nmay be of the warrant issued by the board of supervisors\\nto such tax collector or receiver for the collection of the\\nannual taxes in and of said town; and such proceedings\\nshall be taken upon such warrant and for the collection of\\nsuch installment with interest and for the sale of such\\nlands for the non-payment thereof as are taken under such\\nwarrants issued by the board of supervisors of such county\\nfor the collection of the annual taxes of such town and as\\nare taken for the sale of lands in said town for the non\u00c2\u00ac\\npayment of such taxes. But the owner of any such lands\\nmay at anytime pay the entire amount of such assessment\\nagainst them unpaid, with interest to the date of payment.\\nAll money received or collected upon or for said assess\u00c2\u00ac\\nments shall be paid to the supervisor of said town and\\nshall by the vote of the town board thereof of said town be\\napplicable to the payment of any charge against sudh\\ntown.\\n13. The amount of said bonds becoming due in any\\none year and of the interest accruing thereon in any one\\nyear shall be a charge upon and against said town and\\nshall be levied and assessed and collected upon and against\\nthe taxable property in said town in the same manner as\\nother town charges are by law to be levied, assessed and\\ncollected.\\n14. This act shall take effect immediately.\\n(This act held unconstitutional, as being in violation of 18, article 8,\\nof the Constitution. Matter of Henneberger, 35 App. Div. 184.)", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0383.jp2"}, "384": {"fulltext": "342\\nThe Highway Law of New York.\\nLaws 1897, chapter 481.\\nLAWS 1897, CHAPTER 481.\\nSection 21. There shall be elected at the town meeting\\nin each town, in the spring of eighteen hundred and\\nninety-eight, one supervisor, one town clerk, one highway\\ncommissioner, one assessor, one collector, one or two over\u00c2\u00ac\\nseers of the poor, not more than five constables and two\\ninspectors of election for each election district, all of whom\\nshall hold office for a term of one year. At the town\\nmeeting to be held in the spring of eighteen hundred and\\nninety-nine, all of such officers shall be elected in the\\nmanner and for the terms prescribed in this act. There\\nshall be elected at the town meeting to be held in the\\nspring of eighteen hundred and ninety-eight, one justice of\\nthe peace for a term of four years, beginning on the first\\nday of January, eighteen hundred and ninety-nine. At\\nthe town meeting to be held in the spring of eighteen\\nhundred and ninety-nine, there shall be elected two jus\u00c2\u00ac\\ntices of the peace for a term of four years, beginning on\\nthe first day of January, nineteen hundred; and at the\\nbiennial town meetings thereafter held there shall be\\nelected two justices of the peace for a like term, beginning\\non the succeeding first day of January. At the town\\nmeeting to be held in the spring of eighteen hundred and\\nninety-nine, there shall be elected three assessors, two for a\\nfull term of two years and one for a term of one year,\\nbeginning at the expiration of the term of office of the\\nassessor, whose term will expire in the spring of nineteen\\nhundred. At every biennial town meeting thereafter held,\\nthree assessors shall be elected for a term of two years.\\nIf in any town there are three commissioners of highways,\\nthere shall be elected at the town meeting to be held in\\nthe spring of eighteen hundred and ninetymine, three com.\\nmissioners of highways, two for a term of two years and\\none for a term of one year, beginning at the expiration of", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0384.jp2"}, "385": {"fulltext": "The Highway Law op New York.\\n343\\nLaws 1897, chapter 481.\\nthe term of office of the commissioner whose term will\\nexpire in the spring of nineteen hundred. At every bien\u00c2\u00ac\\nnial town meeting thereafter held in any such town, three\\ncommissioners of highways shall be elected for a term of\\ntwo years. The provisions of this act shall not affect or\\nabridge the term of office of any town officer elected prior\\nto the passage of this act.\\nIn those towns where boards of town auditors have been\\nestablished by law and are in existence at the time of\\nholding of the annual town meeting in the spring of\\neighteen hundred and ninety-eight, tire person elected to\\nthe office of town auditor, at the said annual town meet\u00c2\u00ac\\ning in the spring of eighteen hundred and ninety-eight,\\nwhether so elected before or after the passage of this act\\nshall hold office for the term of one year beginning at the\\nexpiration of the term of office of the auditor whose term\\nof office will expire in the spring of eighteen hundred and\\nninety-eight. At the biennial town meeting held in the\\nspring of eighteen hundred and ninety-nine, in those towns\\nwhere board of town auditors have been so established\\nthere shall be elected three town auditors, two for a full\\nterm of two years and one for a term of one year begin\u00c2\u00ac\\nning at the expiration of the term of office of the auditor\\nwhose term of office will expire in the spring of nineteen\\nhundred. At every biennial town meeting thereafter held\\nin those towns where boards of town auditors have been\\nestablished, as provided by law, three town auditors shall\\nbe elected, for a term two years. (Amended by L. 1898\\neh. \u00c2\u00a374..)\\nPart of an act to amend tbe Town Law*\\n.j.\\n1.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0385.jp2"}, "386": {"fulltext": "844\\nThe Highway Law op New York.\\nLaws 1897, chapter 483.\\nLAWS 1897, CHAPTER 483.\\nAN ACT entitled an act to amend chapter five hundred\\nand thirty-three of the laws of eighteen hundred and\\neighty, entitled \u00e2\u0080\u009cAn act to regulate the passage of lumber,\\nlogs and other timber, upon the rivers of this state, recognized\\nby law or common use as public highways, for the purpose\\nof floating or running lumber, logs and other timber over\\nor upon the same to market or places of manufacture as\\namended by chapters sixteen and seventy-four of the laws\\nof eighteen hundred and eighty-one, as amended by chap\u00c2\u00ac\\nter three hundred and eighty-five of the laws of eighteen\\nhundred and ninety-one, as amended by chapter six hun\u00c2\u00ac\\ndred and eighty-three of the laws of eighteen hundred and\\nninety-six.\\nSection 1. Section three of chapter five hundred and\\nthirty-three of the laws of eighteen hundred and eighty, is\\nhereby amended to read as follows:\\n3. Persons desirous of floating or running lumber,\\nlogs or other timber down the rivers mentioned in the first\\nsection of this act may construct a chute or apron in con\u00c2\u00ac\\nnection with any dam across said rivers, and may recon\u00c2\u00ac\\nstruct any booms or other works already contructed in,\\nover or across said rivers in such manner as to allow lum\u00c2\u00ac\\nber, logs or other timber to pass by the same, and may\\nremove obstructions in said rivers and construct such\\nother Ipiers, boom9 or other works as may be necessary\\nfor the passage of lumber, logs or other timber over and\\nthrough the channels of said rivers, doing no injury or\\ndamage to the owner or occupant of such boom, dam or\\nother works, or to the owner or occupant of any land on\\nwhich such piers, booms, dams or other works may be con\u00c2\u00ac\\nstructed, or lands flooded thereby, and pay to such owner", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0386.jp2"}, "387": {"fulltext": "The Highway Law of New York.\\n345\\nLaws 1897, chapter 596.\\nor occupant such damages as he or they may sustain by\\nreason of the construction of such piers, booms or other\\nworks, or the flooding of lands thereby, and paying also\\nall damages and loss that may be occasioned or done to\\nany and all property, public or private, in or upon said\\nriver or its banks, by reason of the floating of logs or lum\u00c2\u00ac\\nber, or by reason of the removal of obstructions in the\\nfloatable channel of said river, and in case the amount of\\nsuch damage cannot be amicably arranged by the parties\\ninterested, the same shall be appraised by three commis\u00c2\u00ac\\nsioners, to be appointed by the supreme court of the judi\u00c2\u00ac\\ncal district wherein the property is situated, on the appli\u00c2\u00ac\\ncation of any person interested in the appraisal of such\\ndamage, on three days notice, in writing, to the opposite\\nparties of the time and place of making such application.\\nSuch booms and other works which shall be so constructed\\nas aforesaid, and the owners and occupants thereof shall\\nhereafter be subject to the provisions of section two of this\\nact. This act shall apply to all statutes of this state\\ndeclaring streams and rivers public highways for the float\u00c2\u00ac\\ning of logs, unless otherwise provided, and shall be deemed\\nto be supplemental thereto, so far as there is or may be\\nany failure in any of such acts to provide for full and\\ncomplete compensation to the riparian owner or those\\nhaving vested rights upon such streams or river for any\\nand all damages occasioned by making such streams or\\nrivers public highways for the purpose of floating logs, the\\nintent of this statute being to provide compensation to\\nthe riparian owner in all cases where rivers and streams\\nhave been declared to be public highways for the purpose\\nof floating logs where no compensation has been provided\\ntherein to the riparian owners, and to those having vested\\nrights upon said streams and rivers.\\n2. This act shall take effect immediately.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0387.jp2"}, "388": {"fulltext": "846 The Highway Law of New York.\\nLaws 1897, chapter 596.\\nLAWS 1897, CHAPTER 596.\\nAN ACT to authorize the acquisition of turnpikes and\\nplank-roads by counties adjoining cities of more than eight\\nhundred thousand and less than fifteen hundred thousand\\ninhabitants and by villages in such counties.\\nSection 1. If in any county adjoining a city having at\\nany time by the last preceding state or federal enumeration\\na population of more than eight hundred thousand and\\nless than fifteen hundred thousand inhabitants, a turn\u00c2\u00ac\\npike or plank-road shall have been laid out, maintained\\nor operated by an incorporated turnpike or plank-road\\ncompany from any point in such county to or into an} 7\\nsuch city, and a street surface railroad corporation shall\\nhave acquired or succeeded to the rights or to any of the\\nrights of such turnpike or plank-road company, then and\\nin such case the board of supervisors of such county, in\\nthe name and in behalf of such county, is authorized to\\nacquire by purchase or condemnation so much of such\\nturnpike or plank-road as shall be situated in such county,\\nfor the purpose of laying out, maintaining, improving and\\nrepairing such portion of such turnpike or plank-road as\\na public highway and as a county road, subject to the reten\u00c2\u00ac\\ntion of the fee thereof by such turnpike, plank-road or\\nstreet surface railroad corporation, and subject also to all\\nthen existing rights, franchises and privileges of any such\\nturnpike, plank-road or street surface railroad corporation\\nto construct, maintain and operate a street surface rail\u00c2\u00ac\\nroad upon and along such portion of such turnpike or\\nplank-road substantially as then located, with such\\nswitches, crossovers, sidings and turnouts as may from\\ntime to time be necessary to the reasonable and convenient\\noperation of such railroad except as may be otherwise\\nagreed between such board of supervisors and any such", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0388.jp2"}, "389": {"fulltext": "The Highway Law of New York.\\n347\\nLaws 1*97, chapter 596.\\ncorporation. And such board of supervisors in the name\\nand in behalf of such county may make further agreements\\nas to the terms and conditions upon which such street\\nsurface railroad shall thereafter be operated by any such\\ncorporation; and the acquisition by any such county by\\ncondemnation of any right, title or interest in and to such\\nturnpike or plank-road shall be subject to such agree\u00c2\u00ac\\nments, if any be so made.\\n2. The board of supervisors or any such county may\\nthereafter adopt and incorporate into the county road sys\u00c2\u00ac\\ntem of the said county and improve the roadbed and side\u00c2\u00ac\\nwalks or any portion thereof of such turnpike or pank-roacl\\nathough the same or any part thereof be within the cor\u00c2\u00ac\\nporate limits of one or more incorporated villages, and for\\nthat purpose may issue the bonds of the said county for\\nthe payment of the expenses of the acquisition, repair and\\nimprovement of the said road in the same manner as now\\nprovided by the general law in relation to county roads,\\nand shall apportion the expense thereof among the several\\ntowns and city or cities of said county, or charge the same\\nwholly to one or more of said towns as to said board\\nmay seem equitable and just.\\n3. If the board of supervisors of any such county shall\\nby resolution determine not to acquire such portion of any\\nsuch turnpike or plank-road as shall be located in any\\nincorporated village in such county, or shall not within\\nsix months from the passage of this act acquire, by pur\u00c2\u00ac\\nchase, such portion of such turnpike or plank-road as shall\\nbe situated in any such village, or shall not within such\\nsix months commence proceedings to acquire such portion\\nthereof by condemnation, then the board of trustees of\\nany such incorporated village is authorized in the name\\nand in behalf of such village to acquire by purchase or", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0389.jp2"}, "390": {"fulltext": "348\\nThe Highway Law of New York.\\nLaws 1897, chapter 596.\\ncondemnation for the purpose of a public highway the\\nsame right, title and interest in and to such portion of\\nsuch turnpike or plank-road as may be situated in such\\nvillage, and to make the same agreements relating to\\nsuch portion thereof as by the first section of this act the\\nboard of supervisors of such county is authorized to ac\u00c2\u00ac\\nquire and make as to such portion of such turnpike or\\nplank-road as is situated in the county. In case of such\\nacquisition by any such village, the expense and cost of\\nacquiring, maintaining and improving such portion of\\nany such turnpike or plank-road as shall be so acquired\\nshall be borne entirely by the village acquiring, maintain\u00c2\u00ac\\ning and improving the same, and such village may issue\\nits bonds to pay for the expense and cost thereof.\\n4. This act shall take effect immediately.\\ni", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0390.jp2"}, "391": {"fulltext": "The Highway Law of New York.\\n349\\nLaws 1898, chapter 45.\\nLAWS 1898, CHAPTER 45.\\nAN ACT to authorize the construction and maintenance\\nof bicycle paths or wheelways within the limits of the high\u00c2\u00ac\\nways in Cattaraugus county.\\nSection 1. Any individual or individuals, corporation,\\nassociation or bicycle club, residing or having an office in\\nCattaraugus county, is hereby authorized and empowered,\\nwith the consent of the commisssioner of highways of the\\ntown, or in villages, the board of trustees thereof, to con\u00c2\u00ac\\nstruct bicycle paths or wheelways, not over six feet in\\nwidth, within the limits of any or all of the highways,\\noutside of the main traveled portion thereof, in any or all\\nof the towns and villages of Cattaraugus county, and\\nthereafter to use and maintain the same.\\n2. All bridges, sluiceways, culverts, trestles, cross\u00c2\u00ac\\nings and the path or wheelway itself shall be so constructs i\\nas to not interfere with that portion of the highway in use\\nby teams and vehicles, except by the consent of the com\u00c2\u00ac\\nmissioner of highways of the respective towns or the trus\u00c2\u00ac\\ntees of a village in which the said path or wheelway is\\nbeing constructed.\\n3. Any and all crossings of the highway shall be con\u00c2\u00ac\\nstructed at grade therewith, and at all places where ingress\\nand egress is had, to and from the adjacent property, suit\u00c2\u00ac\\nable crossings shall be constructed and maintained. The\\nsaid paths or wheelways shall be constructed as nearly on\\na grade with the highways as the grade and condition of\\nthe lands on the sides thereof will permit, without making\\nunnecessary cuts and fills.\\n4. All portions of any said paths or wheelways which\\nhave already been constructed or which may hereafter bo", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0391.jp2"}, "392": {"fulltext": "350\\nThe Highway Law of New York.\\nLaws 1898, chapter 45.\\nconstructed, may be used for bicycle and tricycle riding,\\nand by pedestrians, and shall not be used for any other\\npurpose or purposes.\\n5. The placing or causing to be placed upon any part\\nof said paths or wheelways, of any iron, glass, earthen\u00c2\u00ac\\nware or any other substance or substances injurious to\\nbicycle tires or liable to be injurious thereto, and the injur\u00c2\u00ac\\ning or obstructing of any of the said paths or wheelways\\nin any manner, and the leading, riding or driving of any\\nhorse or horses or any other animal or animals on any of\\nthe said paths or wheelways, and the drawing or placing\\nof any wagon, buggy, cart, sleigh, cutter or any other\\nconveyance on any portion of any said paths or wheelways,\\nand the wilful leading, driving or allowing of any animal\\nto walk or run upon any of the said paths or wheelways,\\nis hereby prohibited.\\n6. Nothing in this act shall be construed to prohibit\\nthe lawful crossing of the said paths or wheelways with\\nany animal or animals or with any conveyance or con\u00c2\u00ac\\nveyances.\\n7. Any person who shall do or commit any of the acts\\nhereinbefore prohibited shall be guilty of a misdemeanor.\\n8. This act shall take effect immediately.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0392.jp2"}, "393": {"fulltext": "The Highway Law of Hew York.\\n351\\nLaws 1898, chapter 71.\\nLAWS 1898, CHAPTER 71*\\nAN ACT to authorize the board of supervisors of Monroe county to\\nappoint a board of sidepath commissioners, and to provide revenue for\\nihe repair and construction of sidepaths for bicycles.\\nWhole act amended by L. 1899, ch. 194, talcing effect April 1, 1899,\\nand repealed by L. 1900, ch. 640.\\n1. The board of supervisors of Monroe county is hereby\\nauthorized to appoint from the resident citizens of such\\ncounty five persons, at least three of whom shall be resi\u00c2\u00ac\\ndents of the city of Rochester, who shall constitute a board\\nof sidepath commissioners of such county, who shall serve\\nwithout compensation, except their actual and necessary\\ndisbursements in the performance of their duties, and\\nwhose terms of office shall be designated, respectively, at\\none, two, three, four and five years, and until their respec\u00c2\u00ac\\ntive successors shall be appointed. As the term of office\\nof each commissioner expires, such board of supervisors\\nshall appoint a successor thereto for the full term of five\\nyears, and such board of supervisors shall fill any vacancy\\nwhich may occur in such board of sidepath commissioners\\nfor the balance of the unexpired term. The present board\\nof sidepath commissioners ,appointed pursuant to chapter\\nseventy-one of the laws of eighteen hundred and ninety-\\neight is hereby continued to the end of the terms of the\\nrespective members thereof, as if appointed pursuant to\\nthis act.\\n2. Such board of sidepath commisssioners shall on\\nentering upon its duties, and in each calendar year there\u00c2\u00ac\\nafter, determine upon a form of license to be attached or\\naffixed to a bicycle, to be known as a bicycle sidepath\\nlicense. Each such license shall be valid during the\\ncalendar year for which it is issued, and no longer.\\nEvery person shall be entitled to be furnished by said\\nboard with such bicycle sidepath license, upon the pay\u00c2\u00ac\\nment of a fee of twenty-five cents therefor.\\n3. No person shall drive or propel any vehicle except\\na bicycle, upon any of the sidepaths now constructed, or\\nhereafter to be constructed in said county. No person\\nshall ride or propel any bicycle on any sidepath now con\u00c2\u00ac\\nstructed, or hereafter to be constructed in said county,\\nunless a valid bicycle sidepath license be attached or\\ngtfixed in plain view to the head of the frame of said\\nbicycle.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0393.jp2"}, "394": {"fulltext": "352\\nThe Highway Law of New York.\\nLaws 1898, chapter 71.\\n4. No person shall drive, lead or hitch any horse,\\ncattle, sheep, swine or other animal upon any sidepath now\\nconstructed or hereafter to be constructed in said county.\\n5. No person shall wilfully obstruct, injure or destroy\\nany sidepath or any portion thereof, now constructed or\\nhereafter to be constructed in said county.\\n6. No person shall ride any bicycle on any sidepath\\nin said county at a greater speed than ten miles per hour.\\nBicycle riders traveling in opposite directions on said\\npaths, shall turn to the right in passing; and every bicycle\\nrider overtaking another on sidepaths, shall turn to the\\nleft in passing.\\n7. The sidepaths heretofore constructed and hereafter\\nto be constructed in said county, are hereby placed under\\ncontrol and direction of said board of sidepath commis\u00c2\u00ac\\nsioners.\\n8. The said board of sidepath commissioners, with\\nthe consent of the commissioner of highways, or other\\nofficer performing similar duties, having jurisdiction\\nthereof, may remove limbs of trees overhanging any side-\\npath in said county, when in the judgment of said board,\\nthe same shall interfere with the free passage of bicycles\\nalong said path.\\n9. The license fees collected by the said board of side-\\npath commissioners, shall be deposited on the first day\\nof each month, with the county treasurer, by whom it\\nshall be credited to a special fund, to be called the \u00e2\u0080\u009cside-\\npath fund,\u00e2\u0080\u009d upon which the board of sidepath commis\u00c2\u00ac\\nsioners are authorized to draw warrants; but no warrant\\nshall be so drawn in excess of the amount actuallv on\\ndeposit, nor shall any contract or purchase be made,\\nexceeding the amount of such funds at the time of making\\nsuch contract and purchase.\\n10. The said board of sidepath commissioners shall\\ndevote the moneys so collected to the repair of the exist\u00c2\u00ac\\ning sidepaths in said county, and with the consent of the\\ncommissioner of highways, or other officer performing\\nsimilar duties, having jurisdiction thereof, to the con\u00c2\u00ac\\nstruction of new sidepaths and repair of the same, to the\\nmaintenance of order on such sidepaths, and to the\\nenforcement of such necessary rules for the use thereof as\\nmay be, from time to time, adopted by such board of\\nsidepath commissioners.\\n11. Any person who rides a bicycle nv. any sidepath", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0394.jp2"}, "395": {"fulltext": "The Highway Law of New York.\\n353\\nLaws 1898, chapter 102.\\nin said county in violation of any of the sections of this\\nact, or does any of the acts by the provisions of this law\\nforbidden, is guilty of a misdemeanor and is punishable\\nby imprisonment in the Monroe county penitentiary for a\\nterm not exceeding twenty-five days, or by a fine of not\\nless than five dollars or more than twenty-five dollars, or\\nboth such fine and imprisonment.\\n12. Courts of special sessions in said county having\\njurisdiction to try misdemeanors, as provided by section\\nfifty-six of the code of criminal procedure, shall have\\nexclusive jurisdiction to try offenders in all cases\\noccurring under this act, in the same manner as in other\\ncases where they now have jurisdiction, and to render\\nand enforce judgment to the extent herein provided.\\nLAWS 1898, CHAPTER 102.\\nAN ACT in relation to the Newburgh and Cocheton turn\u00c2\u00ac\\npike road\\nSection 1. The board of directors of the Newburgh and\\nCocheton Turnpike Road Company, are hereby authorized\\nto abandon, surrender and discontinue their turnpike, from\\nthe westerly line of the city of Newburgh, in the county of\\nOrange, to the bridge over the Wallkill river, in the town\\nof Montgomery, in said county, which surrender shall be\\nby a resolution of said board, certified to and acknowledged\\nby its president and secretary, which resolution shall be\\nfiled and recorded in the clerk\u00e2\u0080\u0099s office of the county of\\nOrange. Upon the filing and recording of such resolution,\\nthe rights of such turnpike company in and to the turn\u00c2\u00ac\\npike so abandoned and discontinued shall revert to and\\nbelong to the several towns and villages through which\\nsuch road shall pass, and it shall be the duty of the several\\ntowns and villages acquiring said rights under this act, to\\nimmediately lay out and declare the same a free, publie\\nhighway, and thereafter such road or turnpike shall be\\nmaintained and worked in the same manner as the other\\nroads of such town and village are maintained and worked.\\ni\\n2. This act shall take effect immediately.\\n23", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0395.jp2"}, "396": {"fulltext": "354\\nThe Highway Law of New York.\\nLaws 1698, chapter 115.\\nf.\\ni\\nGOOD ROADS LAW.\\nLAWS 1898, CHAPTER 115.\\nAN ACT to provide for the improvement of the public\\nhighways.\\nSection 1. The board ot supervisors in any county of\\nthe state may, and upon presentation of a petition as pro\u00c2\u00ac\\nvided in section two hereof, must pass a resolution that\\npublic interest demands the improvement of any public\\nhighway or section thereof situate within such county,\\nand described in such resolution, but such description shall\\nnot include any portion of a highway within the\\nboundaries of any city or incorporated village, and within\\nten days after the passage of such a resolution shall trans\u00c2\u00ac\\nmit a certified copy thereof to the state engineer and sur\\nveyor.\\ni\\n2. The owners of a majority of the lineal feet fronting\\non any such public highway or section thereof in any\\ncounty of the state may present to the board of supervisors\\nof such county a petition setting forth that the petitioners\\nare such owners and that they desire that such highway\\nor section thereof be improved under the provisions of\\nthis act.\\n3. Such state engineer upon receipt of such a resolu\u00c2\u00ac\\ntion shall investigate and determine whether the highway\\nor section thereof sought to be improved is of sufficient\\npublic importance to come within the purposes of this act,\\ntaking into account the use, location and value of such", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0396.jp2"}, "397": {"fulltext": "The Highway Law of New York.\\n355\\nLaws 1898, chapter 115.\\nhighway or section thereof for the purposes of common\\ntraffic and travel, and after such investigation shall certify\\nhis approval or disapproval of such resolution. If he\\nshall disapprove such resolution, he shall certify his\\nreasons therefor to such board of supervisors.\\n4. If he shall approve such resolution, such state\\nengineer shall cause the highway or section thereof therein\\ndescribed to be mapped out both in outline and profile.\\nHe shall indicate how much of such highway or section\\nthereof may be improved by deviation from the existing\\nlines whenever it shall be deemed of advantage to obtain\\na shorter or more direct road without lessening its useful\u00c2\u00ac\\nness or wherever such deviation is of advantage by reason\\nof lessened gradients. He shall also cause plans and\\nspecifications of such highway or section thereof to be thus\\nimproved to be made for telford, macadam or gravel road\u00c2\u00ac\\nway or other suitable construction, taking into considera\u00c2\u00ac\\ntion climate, soil and materials to be had in the vicinity\\nthereof and the extent and nature of the traffic likely to\\nbe upon such highway, specifying in his judgment the\\nkind of road a wise economy demands. The improved or\\npermanent roadway of all highways so improved shall\\nnot be less than eight feet nor more than sixteen feet in\\nwidth unless for special reasons to be stated by such state\\nengineer it is required that it shall be of greater width.\\nHe shall if requested by the resolution include provision\\nfor steel plate or other flat rail construction in double\\ntrack.\\n5. Upon the completion of such maps, plans and specifi\u00c2\u00ac\\ncations such state engineer shall cause an estimate to be\\nmade of the cost of construction of the same and transmit\\nthe same to the board of supervisors from which such reso\u00c2\u00ac\\nlution proceeded, together with a certified copy of such", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0397.jp2"}, "398": {"fulltext": "The Highway Law of New York.\\n3r 6\\nLaws 1898, chapter 115.\\nmaps, plans and specifications, and of his certificate of the\\napproval of the highway or section thereof so designated\\nas aforesaid.\\n6. After the receipt thereof upon a majority vote of\\nsuch board of supervisors, it may adopt a resolution that\\nsuch highway or section thereof so approved shall be con\u00c2\u00ac\\nstructed under the provisions of this act, or of any existing\\nact, and thereupon shall transmit a certified copy of such\\nresolution to such state engineer.\\n7. In case the boundaries of such proposed highway\\nshall deviate from the existing highway, the board of\\nsupervisors must make provision for securing the requisite\\nright of way prior to the actual commencement of the\\nwork of improvement.\\n8. Upon receipt of the certified copy of the resolution\\nprovided in section six, such state engineer shall advertise\\nfor bids for two successive weeks in a newspaper published\\nat the county seat of such county, and in such other news\u00c2\u00ac\\npaper as shall be deemed of advantage for the construction\\nof such highway or section thereof, according to such\\nplans and specifications, and award such contract to\\nthe lowest responsible bidder, except that he may\\nin his discretion award the contract to the board of\\nsupervisors of the county or the town board or boards\\nof the town or towns in which such highway lies,\\nand except that no contract shall be awarded at a\\ngreater sura than the estimate provided in section five.\\nBut if no bid otherwise acceptable be made within such\\nestimate, such state engineer may amend his estimate,\\ncertify the same to the board of supervisors, and upon the\\nadoption by it of a resolution as provided in section six\\nbased on such amended estimate, proceed anew to obtain", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0398.jp2"}, "399": {"fulltext": "The Highway Law\u00e2\u0080\u0099 of New York.\\n357\\nLaws 1898, chapter 115.\\nbids and award the contract as herein provided. Such\\nengineer may reject any or all bids, and before entering\\ninto any contract for such construction, he shall require a\\nbond with sufficient sureties, conditioned that if the pro\u00c2\u00ac\\nposal shall be accepted the party thereto will perform the\\nwork upon the terms proposed and within the time pre\u00c2\u00ac\\nscribed and in accordance with the plans and specifica\u00c2\u00ac\\ntions; and as a bond of indemnity against any direct or\\nindirect damages that shall be suffered or claimed during\\nthe construction of such road and until the same is\\naccepted. The people of the state of New York shall in\\nno case be liable for any damages suffered. Partial pay\u00c2\u00ac\\nments may be provided for in the contracts and paid in the\\nmanner herein provided when certified to by such state\\nengineer to an amount not to exceed seventy-five per cen\u00c2\u00ac\\ntum of the value of the work done; twenty-five per cen\u00c2\u00ac\\ntum of the contract price shall be retained until the entire\\nwork has been accepted. Whenever a county engineer\\nhas been appointed in the county in which such highway\\nor section thereof is to be constructed, he shall have gen\u00c2\u00ac\\neral charge and supervision of the work under the direc\u00c2\u00ac\\ntion of such state engineer and shall report to him from\\ntime to time the progress of the work and such facts in\\nrelation thereto as may be required. If there is no county\\nengineer, such state engineer shall have some competent\\nperson to superintend and have engineering supervision of\\nthe work.\\n9. One-half of the expense of the construction thereof\\nshall be paid by the state treasurer upon the warrant of\\nthe comptroller, issued upon the requisition of such\\nengineer, out of any specific appropriations made to carry\\nout the provisions of this act. And one-half of the expense\\nthereof shall be a county charge in the first instanoe, and\\nthe same shall be paid by the county treasurer of the", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0399.jp2"}, "400": {"fulltext": "358\\nThe Highway Law of New York.\\nLaws 1898, chapter 115.\\ncounty in which such highway or section thereof is, upon\\nthe requisition of such engineer, but the amount so paid\\nshall be apportioned by the board of supervisors, so that\\nif the same has been built upon a resolution of said board\\nwithout petition, thirty-five per centum of the cost of con\u00c2\u00ac\\nstruction shall be a general county charge; and fifteen per\\ncentum shall be a charge upon the town in which the\\nimproved highway or section thereof is located, and if the\\nsame has been built upon a resolution of said board after\\npetition as provided in section two, thirty-five per centum\\nshall be a general county charge and fifteen per centum\\nshall be assessed upon and paid by the owners of the lands\\nbenefited in the proportion of the benefits accruing to said\\nowners as determined by the town assessors in the next\\nsection hereof.\\n10. The town assessors of any town in which any high\u00c2\u00ac\\nway or section thereof has been improved or constructed\\npursuant to petition as provided in section two of this act,\\nshall have power and it shall be their duty upon receiving\\nnotice from the board of supervisors of the county in which\\nsaid town is located, of the cost of construction or improve\u00c2\u00ac\\nment of such highway or section thereof in such town, to\\nassess an amount equal to fifteen per centum of said total\\ncost upon the lands fronting or abutting on such highway\\nor section thereof. Such assessment shall be apportioned\\naccording to the benefits accruing to the owners of the\\nlands so located, according to the best judgment of said\\nassessors, upon at least ten days\u00e2\u0080\u0099 notice of the time and\\nplace of such apportionment to the persons affected\\nthereby, and after such persons have had an opportunity\\nto be heard; and the assessments so made when duly\\nattested by the oaths of such assessors shall be collected\\nin the same manner as the general taxes of such town are\\ncollected.\\nAmended by L. 1899, ch. 92, taking effect March 16, 1899.\\n11. The construction and improvement of highways\\nand sections thereof, under the provisions of this act,\\nshall be taken up and carried forward in the order in which", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0400.jp2"}, "401": {"fulltext": "The Highway Law of Hew York.\\n359\\nLaws 1898, chapter 115.\\nthey are finally designated, as determined by the date of the\\nreceipt in each case of the certified copy of the resolution pro\u00c2\u00ac\\nvided in section six by such engineer as hereinbefore provided.\\nSec. 12. Upon the completion of such highways or sections\\nthereof, so constructed by such engineer, and his acceptance of\\nthe same, and after payment has been made, as herein provided,\\nsuch engineer shall inform the board of supervisors of such\\ncounty that the highways or sections thereof designated have been\\nconstructed as herein provided, and he may serve notice on said\\nboard to accept such highway thus constructed, which notice\\nshall be filed in the office of the clerk of said county; and twenty\\ndays after the service and filing of said notice, such highway or\\nsection thereof shall be deemed accepted by said board of super\u00c2\u00ac\\nvisors of such county; and thereafter they shall maintain the\\nsame as a county road, and apportion the expense as they may be\\nempowered by law, and the commissioners of highways of the\\ntown or towns respectively wherein such improved highways lie\\nshall care for and keep the same in repair, under the direction\\nand supervision of the state engineer and surveyor and such\\nrules and regulations as he may prescribe.\\nAmended by L. 1900, ch. 293, taking effect April 6, 1900.\\nSec. 13. All persons owning property abutting on such road\\nso improved, or residing thereon, shall thereaftei pay all high\\nway taxes assessed against them in money, in the manner now\\nprovided by law.\\nSec. 14. Whenever any county has had aid in building any\\nsuch highway, and it seems advantageous to such state\\nengineer that a section or sections of highway, not exceed\u00c2\u00ac\\ning one mile in length, should be constructed under this\\nact to connect these roads together, and would be of great\\npublic utility and general convenience, he may serve notice\\non the board of supervisors of such county, and shall file\\none in the county clerk\u00e2\u0080\u0099s office, designating the highways\\nalready constructed and the existing terminal, and the", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0401.jp2"}, "402": {"fulltext": "360\\nThe Highway Law op New York.\\nLaws 1898, chapter 115.\\nsection or sections, in his opinion, necessary to be con\u00c2\u00ac\\nstructed and his reasons therefor. And it shall be the\\nduty of the board of supervisors to provide for the con\u00c2\u00ac\\nstruction of such connecting highway or section thereof,\\nwithin one year after the service and filing of such notice\\nunder this act.\\n15. In addition to his other powers and duties, the\\nstate engineer and surveyor shall compile statistics relative\\nto the public highways throughout the state, and shall\\ncollect all information in regard thereto deemed exped\u00c2\u00ac\\nient. He shall investigate and determine upon various\\nmethods of road construction adapted to different sections\\nof the state, and as to the best methods of construction\\nand maintenance of roads and bridges, and such other\\ninformation relating thereto as he shall deem appropriate.\\nHe may be consulted at all reasonable times by county,\\ncity, town or village officers having care and authority\\nover highways and bridges, and shall advise such officers\\nrelative to the conduction, repair, alteration, or mainten\u00c2\u00ac\\nance of the same; and shall furnish such other informa\u00c2\u00ac\\ntion and advice as may be requested by persons interested\\nin the construction and maintenance of public highways,\\nand shall, at all times, lend his aid in promoting highway\\nimprovement throughout the state. He shall hold in each\\nyear at least one public meeting in each county, and shall\\ncause due notice of such meeting to be given. He shall\\nco-operate with all highway officers and shall assist county\\nand town authorities, and when requested by them, fur\u00c2\u00ac\\nnish them with plans and directions for the improvement\\nof the public highways and bridges.\\n16. He shall report annually to the legislature con\u00c2\u00ac\\ncerning all the work performed by him, together with\\nsuch recommendations upon the subject of highway con-", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0402.jp2"}, "403": {"fulltext": "The Highway Law of New Yobk.\\n61\\nLaws 1898, chapter 133.\\nstruction and maintenance as to him shall seem appro\u00c2\u00ac\\npriate.\\n17. The commissioners of highways and town board\\nof any town, and the board of supervisors of any county,\\nand all other officers who now have or may hereafter have\\nby law the care and supervision of the public highways\\nand bridges shall, from time to time, upon his written\\nrequest furnish him with all available information in con\u00c2\u00ac\\nnection with the building and maintenance of the public\\nhighways and bridges in their respective localities.\\n18. The operation of this act shall not be affected by\\nany special act, but the highways may be improved under\\nthis act or such special act wherever the same may now\\nexist.\\n19. This act shall take effect immediately.\\nLAWS 1898, CHAPTER 133.\\nAN ACT to provide for the employment of convicts on the\\nhighways in Clinton county.\\nSection 1. The superintendent of state prisons is\\nhereby authorized to employ not to exceed two hundred\\nconvicts confined in Clinton prison in the improvement of\\nthe highways between said Clinton prison and the village\\nof Saranac, in the town of Saranac, in the county of\\nClinton. The sum of five thousand dollars, or so much\\nthereof as may be necessary, is hereby appropriated out\\niof any moneys in the treasury not otherwise appropriated\\nfor team hire, officers\u00e2\u0080\u0099 salaries, tools, equipment and", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0403.jp2"}, "404": {"fulltext": "382\\nThe Highway Law of New York.\\nLaws 1898, chapter 224.\\nother incidental expenses necessarily required to carry out\\nthe provisions of this act. The sum hereby appropriated\\nshall be payable by the treasurer, upon the warrant of the\\ncomptroller, to be expended under the direction of the\\nsuperintendent of state prisons.\\n2. This act shall take effect immediately.\\nLAWS 1898, CHAPTER 224.\\nAN ACT to authorize the supervisors of Albany county to\\nappoint sidepath commissioners with power to regulate the use\\nof bicycles within such county to license the use of the same,\\nand to expend the funds raised thereby in the construction\\nand maintenance of sidepaths for bicycles\\nWhole act amended by L. 1899, ch. 428, talcing effect April 25, 1899.\\n1. The members of the board of sidepath commis\u00c2\u00ac\\nsioners of the county of Albany [are continued in office,\\nuntil the expiration of their terms respectively. Such\\nboard shall hereafter consist of seven resident citizens of\\nsuch county, each of whom shall be a cyclist, four of\\nwhom shall be residents of the city of Albany, one a\\nresident of the city of Cohoes, one a resident of the city of\\nWatervliet, and one a resident of one of the towns of such\\ncounty. Such commissioners shall serve without compen\u00c2\u00ac\\nsation, but shall be allowed their actual and necessary dis\u00c2\u00ac\\nbursements in the performance of their duties, bills for\\nwhich shall be paid out of the sidepath fund. Such a\\ncommisssioner hereafter appointed for a full term shall\\nhold office for three years, from and including the first\\nday of January of the year in which he is appointed. A\\ncommissioner hereafter appointed to fill a vacancy, occur\u00c2\u00ac\\nring otherwise than by expiration of term, shall be\\nappointed for the unexpired term of his predecesor in\\noffice. Whenever a vacancy shall occur in the office oi", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0404.jp2"}, "405": {"fulltext": "The Highway Law of New York.\\n363\\nLaws 1898, chapter 224.\\nsuch commissioner by expiration of term or otherwise, the\\nchairman and secretary of the board shall file a notice\\nwith the county judge, specifying the name of such com\u00c2\u00ac\\nmissioner, the city or town in which he resides, and the\\nterm for which his successor should be appointed. Upon\\nthe receipt of such notice, the county judge shall appoint\\na person to fill such vacancy and file such appointment in\\nthe office of the county clerk. The county clerk shall\\nforthwith notify such person of his appointment, and he\\nshall take office immediately upon filing his written accept\u00c2\u00ac\\nance thereof with the county clerk. If any person so\\nappointed fails to file such acceptance within ten days\\nafter receiving notice thereof, or if any member of the\\nboard shall fail to attend three consecutive regular meet\u00c2\u00ac\\nings without r being excused by a vote of the board, the\\nboard of sidepath commsisioners may declare the place\\nvacant by a majority vote of the board. The board of\\nsidepath commissioners shall have power to temporarily\\nfill any vacancy on the board, and the person so chosen\\nshall hold office until the county judge shall select a per\u00c2\u00ac\\nson to fill such vacancy, and until the person so selected\\nshall have filed his acceptance of the office, as provided by\\nthis section.\\n2. Such board of sidepath commissioners is hereby\\nauthorized and empowered to construct and maintain\\nsidepaths along any public road or sections thereof, of said\\ncounty outside the limits of incorporated cities and\\nvillages, excepting that no sidepath shall be constructed\\nalong any road which is not more than two rods wide,\\nwithout the approval of the commissioner of highways or\\nother officer performing similar duties, or the approval of\\nthe supervisor, of each town in which said sidepath shall\\nbe built. No sidepath shall be constructed upon or along\\nany regularly constructed sidewalk or between such side\u00c2\u00ac\\nwalk and the highway except by and with the consent of\\nthe owners of the lands abutting on such sidewalk.\\nSuch paths shall not be less than three feet nor more than\\nsix feet wide, without the consent of the abutting owners,\\nand shall be constructed within the outside lines and along\\nand upon either side of such public roads as the board of\\nsidepath commissioners shall determine. The board of\\nsidepath commissioners is also authorized and empowered", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0405.jp2"}, "406": {"fulltext": "364\\nThe Highway Law of New York.\\nLaws 1898, chapter 224.\\nto lay out, construct and repair sidepaths along the public\\nstreets of such county, by and with the consent of the\\nofficers having jurisdiction over the same. No member or\\nany number of members of such sidepath commission\\nshall begin or in any way authorize the construction of a\\nsidepath, to be built from the sidepath fund, till the record\\nof the proceedings of the board shows that it has voted to\\nconstruct such path.\\n3. Such board of sidepath commissioners shall, upon\\nentering upon its duties, and in each calendar year there\u00c2\u00ac\\nafter, determine upon a form of license to consist of a\\nsuitable inscription or device to be affixed or attached to a\\nbicycle, and shall upon payment of a fee, to be deter\u00c2\u00ac\\nmined by such commissioners, of not less than fifty cents\\nnor more than one dollar, cause the same to be affixed or\\nattached in some prominent place upon the left-hand side\\nof the front fork, or upon the lower tube of the frame,\\nwithin six inches from the head, in such manner that the\\nlicense device will show on the left side of the lower tube,\\nof each bicycle presented for such purpose. Such license\\nshall be plainly numbered and shall not be valid unless\\nattached to a bicycle in the places aforesaid. Each such\\nlicense shall be good during the calendar year in which it\\nis so attached or affixed to a bicycle and no longer. The\\nsidepaths now and which may be hereafter constructed in\\nsaid county are hereby placed under the control and direc\u00c2\u00ac\\ntion of the board of sidepath commissioners; but the\\nowners of lands abutting on a sidepath shall not be pro\u00c2\u00ac\\nhibited from constructing, improving and maintaining a\\nsidewalk upon or along a sidepath on which their lands\\nabut; provided that the riding of any bicycle upon any\\nsidewalk which shall have been, or at any time hereafter\\nshall be constructed at the expense of wheelmen or cyclists,\\nshall not be prohibited, unless the road or a portion\\nthereof, in front of such sidewalk shall be maintained in a\\nsuitable condition for the use of bicycles. Said sidepaths\\nare hereby declared to be for the exclusive use of bicycle\\nriders and pedestrians; but bicycle riders shall have the\\nright of way on the beaten track worn by bicycles on such\\npaths. No person shall ride a bicycle on such sidepaths\\nunless there shall appear upon such bicycle a valid license,\\nissued and attached as above provided, excepting that", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0406.jp2"}, "407": {"fulltext": "The Highway Law of Kew York.\\n865\\nLaws 1898, chapter 224.\\nnon-residents of the county of Albany may purchase a\\nlicense badge from any county sidepath commission*\\nwhich has been lawfully appointed by a board of super\u00c2\u00ac\\nvisors or a county judge, and which is constructing or\\nmaintaining sidepatlis for the use of cyclists in any other\\ncounty in this state, and extends like privileges to non\u00c2\u00ac\\nresident cyclists; and such license shall be valid in the\\ncounty of Albany only for the use of such non-residents,\\nand when attached to a bicycle in the places before men\u00c2\u00ac\\ntioned in this section.\\n4. The license fees collected by the said board of side-\\npath commissioners shall be deposited on or before the first\\nday of each month with the county treasurer, by whom\\nthey shall be credited to a special fund, to be called \u00e2\u0080\u009cthe\\nsidepath fund upon which the board of sidepath com\u00c2\u00ac\\nmissioners is authorized to draw warrants, signed by a\\nmajority of such board; but no warrant shall be so\\ndrawn in excess of the amout actually on deposit, nor\\nshall any contract or purchase be made exceeding the\\namount of such fund at the time of making such contract\\nor purchase. All warrants or orders so issued against\\nsuch fund shall be accompanied by vouchers for the work\\nperformed or purchases made, duly audited by a majority\\nof said board of sidepath commissioners, and such warrant\\nor order with the vouchers thereto attached, shall be\\nsufficient warrant to the said county treasurer to pay the\\nsame.\\n5. The said board of sidepath commissioners shall\\ndevote the moneys so collected to the repairing of existing\\nsidepaths in the county of Albany, to the construction of\\nnew sidepaths; to the planting of shade trees along such\\npaths after the consent of the owners of abutting lands to\\nthe planting of said trees has been obtained; to the main\u00c2\u00ac\\ntaining of order upon the same, and the enforcement of\\nsuch necessary rules for the use thereof as may be, from\\ntime to time, adopted by the said board of sidepath com\u00c2\u00ac\\nmissioners.\\n6. Any person riding a bicycle upon any sidepath now\\nexisting or hereafter constructed in the county of Albany\\nin violation of section three, shall be guilty of a mis\u00c2\u00ac\\ndemeanor, and shall upon conviction be punishable by a\\nfine of not less than five dollars or more than twenty-five\\ndollars.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0407.jp2"}, "408": {"fulltext": "366\\nThe Highway Law of New York.\\nLaws 1898, chapter 224.\\n7. Any person who shall wilfully drive, lead, stand\\nor hitch any horse, cattle, sheep, swine or other animals\\nupon any sidepath now constructed or hereafter to be con\u00c2\u00ac\\nstructed in the county of Albany, except for the purposes\\nof access to, and egress from, lands abutting on the high\u00c2\u00ac\\nway, shall be guilty of a misdemeanor.\\n8 The location of the sidepaths heretofore constructed\\nin the county of Albany is hereby ratified and confirmed,\\nand any person willfully obstructing, injuring or destoy-\\ning any portion thereof, or any portion of a sidepath here\u00c2\u00ac\\nafter constructed, shall be guilty of a misdemeanor.\\n9. Said board of sidepath commissioners shall be\\nauthorized to adopt rules covering the speed, use of lamps\\nand signals by cyclists using the paths in said county.\\nViolation of rules so adopted shall constitue a mis\u00c2\u00ac\\ndemeanor and shall be punishable by a fine not exceed\u00c2\u00ac\\ning five dollars.\\n10. The said board of sidepath commissioners shall\\nhave the power to appoint one or more persons in each\\ncity, village and town, to be known as sidepath police,\\nwho shall serve without compensation except for their\\nactual disbursements, such bills to be audited and paid as\\nprovided in section four of this act, and who sh all have\\npower to make arrests for the violations of this act, and\\nalso for the violations of sections six hundred and fify-two\\n(relative to sidepaths) and six hundred and fifty-four-a\\n(relative to deposits of certain substances on the public\\nroad) of the penal code.\\n11. Courts of special sessions having jurisdiction to\\ntry misdemeanors, as provided by section fifty-six of the\\ncode of criminal procedure, shall have exclusive jurisdic\u00c2\u00ac\\ntion to try offenders in all cases occurring under this act,\\nin the same manner as in other cases, where they now\\nhave jurisdiction and to render and enforce judgment to\\nthe extent herein provided.\\n12. The said board of sidepath commissioners shall\\nkeep a book or books of record, containing the names and\\naddresses of all persons to whom licenses shall be issued\\nunder the provisions of this act, and records of all pro\u00c2\u00ac\\nceedings of said board. Said books shall be open to public\\ninspection during customary business hours.\\n2. This act shall take effect immediately.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0408.jp2"}, "409": {"fulltext": "The Highway Law of New York.\\n367\\nLaws 1898, chapter 277.\\nLAWS 1898, CHAPTER 277.\\nAN ACT to authorize the construction and maintenance of\\nbicycle paths or wheelways within the limits of the highways\\nin Columbia county.\\nSection 1. Any individual or individuals, corporation,\\nassociation or bicycle club, residing or having an office in\\nColumbia county, is hereby authorized and empowered,\\nwith the consent of any one of the commissioners of high\u00c2\u00ac\\nways of the town, to construct bicycle paths or wheelways,\\nnot over eight feet in width, within the limits of any or all\\nthe highways, outside of the main traveled portion thereon,\\nin any or all of the towns of Columbia county, and there\u00c2\u00ac\\nafter to use and maintain the same.\\n2. All bridges, sluiceways, culverts, trestles, crossings\\nand the path or wheelway itself shall be so constructed as\\nto not interfere with that portion of the highway in use by\\nteams and vehicles, except by the consent of the commis\u00c2\u00ac\\nsioner of highways of the respective towns in which the\\nsaid path or wheelway is being constructed.\\n3. Any and all crossings of the highway shall be con\u00c2\u00ac\\nstructed at grade therewith, and at all places where ingress\\nand egress is had, to and from, the adjacent property,\\nsuitable crossings shall be constructed and maintained.\\nThe said paths or wheelways shall be constructed as nearly\\non a grade with the highways as the grade and conditions\\nof the lands on the sides thereof will permit, without\\nmaking unnecessary cuts and fills.\\n4. All portions of any said paths or wheelways which\\nhave already been constructed or which may hereafter be\\nconstructed, may be used for bicycle and tricycle riding\\nand by pedestrians, and shall not be used for any other", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0409.jp2"}, "410": {"fulltext": "368\\nThe Highway Law of New York.\\nLaws 1898, chapter 277.\\npurpose or purposes. And all portions of any said paths\\nor wheelways which have already been constructed by or\\nfor the use of bicyclists, and which are now used as bicycle\\npaths, or wheelways, are hereby legalized, ratified and\\nconfirmed, and shall have the same standing in law as\\npaths hereafter constructed under the provisions of this\\nact.\\n5. The placing or causing to be placed on any part of\\nsaid paths or wheelways, of any iron, glass, earthenware\\nor any other substance injurious to bicycle tires or liable\\nto be injurious thereto, and the injuring or obstructing of\\nany of the said paths or wheelways in any manner, and\\nthe leading, riding, or driving of any horse or horses or\\nany other animal or animals on any of the said paths or\\nwheelways and the drawing or placing of any wagon,\\nbuggy, cart, sleigh, cutter or any other conveyance on\\nany portion of any of the said paths or wheelways, and\\nthe willful leading, driving or allowing of any animal to\\nwalk or run upon any of the said paths or wheelways, is\\nhereby prohibited.\\n6. Nothing in this act shall be construed to prohibit\\nthe lawful crossing of the said paths or wheelways with\\nany animal or animals or with any conveyance or convey\u00c2\u00ac\\nances.\\n7. Any person who shall (willfully and maliciously)\\ndo or commit any of the acts hereinbefore prohibited,\\nshall be guilty of a misdemeanor.\\n8. This act shall take effect immediately.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0410.jp2"}, "411": {"fulltext": "The Highway Law of Hew Yoek.\\n368a\\nLaws 1899, chapter 152.\\nLAWS 1899, CHAPTER 152.\\nAn ACT in relation to the use of bicycles on sidepaths for licensing\\nbicycles for the appointment of sidepath commissioners and to provide\\nfor the construction, maintenance, regulation preservation and shading\\nof sidepaths. (Became a law March 27, 1899.)\\nWhole act amended by L. 1900, eh. 640, taking effect April 24, 1900.\\nSec. 1. The county judge of any county except Albany, may, upon the\\npetition of fifty resident wheelmen of such county, appoint from the resi\u00c2\u00ac\\ndent citizens thereof, five or seven persons, the number to be determined\\nby such judge, giving to each city and to one or more towns in such county,\\na representation on the board as near as possible in proportion to the\\nprobable number of cyclists residing in such localities, each of whom shall\\nbe a cyclist, who shall constitute a board of sidepath commissioners for\\nsuch county. The terms of such commissioners if the number be five, shall\\nbe one, two, three, four and five years respectively, and if the number\\nappointed be seven, the terms of such commissioners shall be, two\\nto serve one year, two to serve two years, and one each to serve\\nthree, four and five years, from and including the first day of January\\nof the year in which the appointment is made, to be determined by such\\ncommissioners by lot, within one month after their appointment. A\\ncommissioner thereafter appointed for a full term, shall hold office for\\nfive years from and including the first day of January of the year in which\\nthe appointment is made. A commissioner appointed to fill a vacancy\\noccurring otherwise than by expiration of term, shall be appointed for\\nthe unexpired term of his predecessor in office. Whenever a vacancy shall\\noccur in the office of such a commissioner, by expiration of term or other\u00c2\u00ac\\nwise, the chairman or secretary of the board shall immediately file a notice\\nwith the county judge, specifying the name of such commissioner, the city\\nor town in which he resided, and the term for which his successor shall\\nbe appointed. Upon the receipt of such notice the county judge shall\\nthereupon appoint a person to fill such vacancy and file such appointment\\nin the office of the county clerk. The county clerk shall forthwith notify\\nsuch person of his appointment, and he shall take office immediately upon\\nfiling his written acceptance thereof with the county clerk, and taking the\\nconstitutional oath of office. If any person so appointed fails to file such\\nacceptance with the county clerk or to take the constitutional oath of\\noffice within ten days after receiving notice of his appointment, or if any\\nmember of the board fails to attend three consecutive regular meetings\\nwithout being excused by a vote of the board, the board of sidepath commis\u00c2\u00ac\\nsioners may declare the place vacant by a majority vote of the board. In\\ncase charges against any such commissioner are made in writing and filed\\nwith the county judge, said county judge may notify such commissioner to", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0411.jp2"}, "412": {"fulltext": ":368b\\nThe Highway Law of Hew Yoke.\\nLaws 1899, chapter 152.\\nappear and make answer to such charges, and may remove such commis\u00c2\u00ac\\nsioner from office if sufficient cause be shown. Such commissioners shall\\nserve without compensation, but shall be repaid their actual and neces\u00c2\u00ac\\nsary disbursements out of the sidepath fund. The present boards of side-\\npath commissioners appointed pursuant to chapter 152 of the laws of\\neighteen hundred and ninety-nine and chapter one hundred and ninety-four\\nof the laws of eighteen hundred and ninety-nine are hereby continued to\\nthe end of the terms of the respective members thereof.\\nSec. 2. Such board of sidepath commissioners is hereby authorized and\\nempowered to construct and maintain sidepaths along any public road, or\\nstreet, or section thereof of the county, provided the said board of sidepath\\ncommissioners shall be required to obtain the written approval of the com\u00c2\u00ac\\nmissioner of highways, or other officer performing similar duties, or the\\nwritten approval of the supervisor of each town in which said sidepath\\nshall be built, and file the same in the town clerk\u00e2\u0080\u0099s office, before construct\u00c2\u00ac\\ning paths along any road outside the limits of incorporated cities or\\nvillages; and provided, that they shall be required to secure the approval\\nof the trustees of an incorporated village by a resolution at a meeting\\nthereof, before constructing paths along any street of such village; and\\nprovided, that they shall be required to secure the approval of the com\u00c2\u00ac\\nmon council of a city by resolution at a meeting thereof, before construct\u00c2\u00ac\\ning paths along any street, or section thereof, in such city. No sidepath\\nshall be constructed upon or along any regularly constructed or main\u00c2\u00ac\\ntained sidewalk, except with the consent of the persons owning the abut\u00c2\u00ac\\nting lands. Such paths shall not be less than three or more than six feet\\nwide, without the consent of the owners of abutting lands, and shall be\\nconstructed within the outside lines and along and upon either side of\\nsuch public roads or streets. The term \u00e2\u0080\u009csidewalk\u00e2\u0080\u009d as used in this act,\\nmeans any sidewalk constructed or maintained as such by the public\\nauthorities or the owner of the abutting lands, which is reserved by custom\\nfor the use of pedestrians; but not including foot paths or portions of the\\npublic road which are worn only by travel. The term \u00e2\u0080\u009csidepath\u00e2\u0080\u009d shall be\\nconstrued to include any path built or acquired by a sidepath commission.\\nNo member or any number of members of a sidepath commission shall begin\\nor in any way authorize the construction of a sidepath, to be built from\\nthe sidepath fund, until the record of the proceedings of the board shows\\nthat it has voted to construct such path. Boards of sidepath commis\u00c2\u00ac\\nsioners are authorized upon unanimous vote of the board, to acquire, by\\ngift, purchase or lease, any lands outside of the regular highways neces\u00c2\u00ac\\nsary for the purpose of building sidepaths, and to expend any of the\\nfunds in their possession for this purpose.\\nSec. 3. Such board of sidepath commissioners shall at their first meeting,\\nor within a reasonable time thereafter, and in each succeeding calendar", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0412.jp2"}, "413": {"fulltext": "The Highway Law of Hew Yoee.\\n368c\\nLaws 1899, chapter 152.\\nyear, adopt a form of license, badge, emblem or device suitable to be\\naffixed to a bicycle and to be known as a bicycle sidepath license. Any\\nperson upon the payment of a fee, to be determined by such commissioners,\\nof not less than fifty cents nor more than one dollar, except in the county\\nof Monroe, where the fee shall continue to be twenty-five cents, shall be\\nentitled to receive such license, which shall be good during the calendar\\nyear for which it is issued, and no longer. Every such license to be valid\\nmust be issued by the commissioners of the county wherein the bicyclist\\nresides, except that any bicyclist who resides in another state or in some\\ncounty of this state where there is no sidepath commission, may secure a\\nlicense in any county where a sidepath commission has been lawfully\\nappointed and such license shall be valid for the use of the person so\\npurchasing till a sidepath commission is organized in the county where\\nsuch person resides, or for the calendar year for which it is issued and\\nno longer. No person shall ride a bicycle on any sidepatn in any county\\nof this state where a sidepath commission has been, or at any time here\u00c2\u00ac\\nafter may be appointed, unless a valid bicycle license is attached or affixed\\nto the left side of the front fork thereof so that the license shall show on\\nthe left side of such bicycle. No person shall counterfeit any such license\\nor make, sell, give away or have on his or her bicycle, a license purport\u00c2\u00ac\\ning to be issued by any county in this state, unless regularly issued by the\\nrespective boards of sidepath commissioners appointed pursuant to law.\\nNo license shall be valid unless attached to a bicycle as aforesaid. Such\\nlicense shall be plainly numbered and shall not be valid if the number has\\nbeen mutilated or changed, so as to deceive or be calculated to deceive.\\nNo person shall have a license issued for a prior year or anything in the\\nsimilitude of such a license attached to his or her bicycle in the place\\naforesaid except a valid license for the calendar year in which it is so used.\\nSec. 4. The license fees collected by the said boards of sidepath com\u00c2\u00ac\\nmissioners shall be deposited on or before the first day of each month\\nwith the county treasurer of their respective counties, by whom they shall be\\ncredited to a special fund, to be called \u00e2\u0080\u009cthe sidepath fund,\u00e2\u0080\u009d upon which the\\nboards of sidepath commissioners are authorized to draw warrants signed\\nby a majority of the board, but no warrants shall be so drawn in excess\\nof the amount actually on deposit; nor shall any contract or purchase\\nbe made exceeding the amount of such funds at the time of making such\\ncontract or purchase. All bills shall be sworn to. Each board of side-\\npath commissioners shall report annually to the county judge of their res\u00c2\u00ac\\npective counties, giving a detailed financial statement and filing with said\\nreport the vouchers of each expenditure, which report and vouchers shall\\nbe deposited in the county clerk\u00e2\u0080\u0099s office.\\nSec. 5. The said boards of sidepath commissioners shall devote the moneys\\nso collected to the repairing of existing paths in their respective counties;", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0413.jp2"}, "414": {"fulltext": "368 d\\nThe Highway Law of Hew Yoek.\\nLaws 1899, chapter 152.\\nto the construction of new paths; to the planting of shade trees along such\\npaths, where the consent of the owners of abutting lands to the planting of\\nsaid trees has been obtained; to the maintaining of order on the paths;\\nand the necessary and authorized expenses incurred in enforcing this act.\\nSec. 6. No person shall wilfully lead, stand, hitch, ride or drive any\\nhorse, cattle, sheep, swine or other animals upon any sidepath now con\u00c2\u00ac\\nstructed or hereafter to be constructed in this state, except for the pur\u00c2\u00ac\\nposes of access to, and egress from, lands abutting on the highway.\\nSec. 7. No person shall wilfully obstruct, injure or destroy any sidepath\\nor any portion thereof, now constructed or hereafter to be constructed in\\nthis state.\\nSec. 8. No person shall ride a bicycle at a greater rate of speed than ten\\nmiles an hour when passing another cyclist or a pedestrian on any sidepath\\nin this state.\\nSec. 9. The sidepaths heretofore constructed and hereafter to be con\u00c2\u00ac\\nstructed in this state are hereby placed under the control and direction of\\nthe boards of sidepath commissioners of the various counties in which they\\nare located.\\nSec. 10. Any board of sidepath commissioners, with the consent of the\\ncommissioner of highways or other officer performing similar duties, hav\u00c2\u00ac\\ning jurisdiction thereof, may remove limbs of trees overhanging any side-\\npath in the county wherein said board has jurisdiction, when in the judg\u00c2\u00ac\\nment of said board, the same shall interfere with the free passage of\\nbicycles along said paths.\\nSec. 11. Any person who rides a bicycle on any sidepath in this state in\\nviolation of any of the sections of this act, or does any of the acts by the\\nprovisions of this law forbidden, is guilty of a misdemeanor, and shall be\\npunishable by a fine of not less than five nor more than twenty-five dollars,\\nand in case of failure to pay any fine that may be imposed, such person\\nmay be committed to jail not exceeding one day for each dollar of such fine.\\nSec. 12. Courts of special sessions having jurisdiction to try misde\u00c2\u00ac\\nmeanors as provided by section fifty-six of the code of criminal procedure,\\nshall have exclusive jurisdiction to try offenders in all cases occurring\\nunder this act, in the same manner as in other cases where they now have\\njurisdiction, and subject to the same power of removal and to render and\\nenforce judgment to the extent herein provided.\\nSec. 2. Chapter seventy-one of the law s of eighteen hundred and ninety-\\neight, and chapter one hundred and ninety-four of the laws of eighteen\\nhundred and ninety-nine are hereby repealed.\\nSec. 3. This act shall take effect July first, nineteen hundred.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0414.jp2"}, "415": {"fulltext": "The Highway Law of New York.\\n368e\\nLaws 1899, chapter 594.\\nLAWS 1899, CHAPTER 594.\\nAN ACT authorizing boards of supervisors to acquire the\\nrights, franchises and property of individuals and corporations\\nexacting toll for the use of turnpikes, plank roads and bridges\\n(Became a law May 16, 1899.)\\nSection 1. The board of supervisors of any county,\\nexcept a county wholly within the city of New York, and\\nexcept the counties of Onondaga, Erie and Essex, may by\\na vote of a majority of the members thereof, by resolution,\\ndetermine to acquire the rights and franchises of any\\nindividual or corporation, lawfully entitled to exact a toll\\nor charge for walking, riding or driving over any plank-\\nroad or turnpike, or a bridge within such county, erected\\nover an unnavigable stream. Upon the adoption of such\\nresolution, the board of supervisors shall acquire such\\nrights, franchises and property by purchase, if able to\\nacrree with the owners thereof and \u00e2\u0080\u009cotherwise by condem-\\nnation in the name of the county. Any turnpike, plank-\\nroad or bridge corporation may by the affirmative vote\\nof stockholders owning a majority of the stock thereof,\\nexpressed in writing or at a special meeting of the stock\u00c2\u00ac\\nholders of such corporation held upon written notice of at\\nleast ten days to all the stockholders thereof, authorize its\\nboard of directors or trustees to dispose of the rights,\\nfranchises and property of such corporation [within a\\ncounty, pursuant to this act for a specified sum, and\\nthereupon the board of directors or trustees of such cor\u00c2\u00ac\\nporation may convey and sell such rights, franchises and\\nproperty to the county accordingly.\\n2 The board of supervisors of such county may\\nborrow money for the acquisition of such rights, fran\u00c2\u00ac\\nchises and property, and may issue the bonds or other\\nevidences of indebtedness of the county therefor, but such", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0415.jp2"}, "416": {"fulltext": "368f The Highway Law oe New Yobk.\\nLaws 1899, chapter 594.\\nbonds or other evidences of indebtedness shall not bear a\\nrate of interest exceeding five per centum per annum and\\nshall not run tor a longer period than twenty years and\\nshall not be sold for less than par.\\n3, The amount of such bonds together with the\\ninterest thereon shall be apportioned by the board of\\nsupervisors upon the towns, cities and villages constituting\\nseparate highway districts, in which such plankroad,\\nturnpike or bridge is located in such proportions as [the\\nboard may deem just; and the amount so apportioned to\\neach municipality for the payment of the principal and\\ninterest of such bonds shall be annually levied and collected\\nat the same time and in the same manner as money for\\nother county charges.\\n4. A plankroad, turnpike or bridge acquired pursuant\\nto this act shall become part of the highway system of\\nsuch county, and of the towns, cities and villages in\\nwhich the same is located, and shall thereafter be repaired\\nand maintained in the same manner as the other high\u00c2\u00ac\\nways and bridges therein.\\n5. When a plankroad, turnpike, tollroad or bridge is\\npartly in one county and partly in another, the board of\\nsupervisors of the said counties shall act together, in the\\nmanner prescribed above, and determine the amount to\\nbe paid to said plankroad, turnpike, tollroad or bridge\\ncompany, by each county, and such amount against each\\ncounty, after such determination, shall be paid by each\\ncounty.\\n6. This act shall take effect immediately.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0416.jp2"}, "417": {"fulltext": "The Highway Law of New York.\\n368g\\nLaws 1899, chapter 634.\\nLAWS 1899, CHAPTER 634.\\nAN ACT to regulate the use of bicycles tricycles and\\nsimilar vehicles and to require uniformity of ordinances\\naffecting the same (Became a law May 23, 1899.)\\nSection 1. Tbe municipal officers and boards in the\\nseveral cities, towns, and tillages of this state now hav\u00c2\u00ac\\ning the authority to enact such ordinances, may pass\\noidinances regulating the use of bicycles, tricycles and\\nsimilar vehicles on the public highways, streets, avenues,\\nwalks, paiks and public places within their limits in\\naccordance with the following provisions, and not other\u00c2\u00ac\\nwise.\\n1. To requrie all bicycles, tricycles and similar vehicles\\nwhen ridden on such public highways, streets, avenues,\\nwalks or public place, to have attached thereto or carried\\ntherewith a lignt of such illuminatting power as to be\\nplainly seen two hundred feet ahead, and kept lighted\\nbetween one hour after sunset and one hour before sun\u00c2\u00ac\\nrise; but this section shall not apply to any rider whose\\nlight has become extinguished or who is necessarily absent\\nfrom his or her home without a light, when going at a\\npace not exceeding six miles an hour, when an audible\\nsignal is given a provided in subdivision two of this\\nsection as often as thirty feet are passed over.\\n2. To require riders of all such bicycles, tricycles or\\nsimilar vehicles to give an alarm by bell, whistle or other\u00c2\u00ac\\nwise, which may be heard one hundred feet distant, when\\nabout to meet or pass pedestrians and when about to meet\\nor pass other vehicles.\\n3 To regulate the rate of speed at which it may be law\u00c2\u00ac\\nful to ride such bicycles, tricycles or similar vehicles; pro\u00c2\u00ac\\nvided however, that cyclists shall not be restricted to a", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0417.jp2"}, "418": {"fulltext": "368h\\nThe Highway Law of New York.\\nLaws 1899, chapter 634.\\nrate of speed slower than is allowed any other kind or\\nclass of vehicle.\\n4. To regulate or prohibit coasting or proceeding by\\ninertia or momentum wLk the feet off the pedals; the\\ncarrying of children under five years of age upon bicycles;\\nthe observance by cyclists of such rules of the road as\\nare established by the highway law; to permit the\\nauthorities of such municipality having charge of the\\npublic higways, streets, squares or parks, in their dis\u00c2\u00ac\\ncretion, upon any special occasion, to grant permits to\\nany person or persons to ride such machines during a\\nspecified time, upon specified portions of the public streets\\nor highways of such city, town or village, at any rate of\\nspeed, and annex such other reasonable conditions to such\\npermits as they shall deem proper; and the said authori\u00c2\u00ac\\nties of such municipality may also, under such conditions\\nas they may deem proper, permit the use of velocipedes\\nand other similar machines by children on any sidewalk\\nin any public way, square, or park in such municipality.\\n5. To regulate or prohibit the riding of any bicycles,\\ntricycles or similar vehicles upon the sidewalks within the\\nlimits of any city, town or village; except that no city,\\ntown or village shall have any power to prohibit the\\nriding of any bicycles upon any sidewalk within the limits\\nof such city, town or village when said sidewalk shall have\\nbeen or shall be hereafter constructed solely at the\\nexpense of wheelmen or cyclists, by and with the consent\\nof the officers having jurisdiction therein, unless the road\\nor street in front of said sidewalk is paved with some\\nsmooth and permanent pavement like asphalt or brick,\\nand maintained in a condition suitable for the use of\\ncycles. The term 4 \u00e2\u0080\u0098sidewalk\u00e2\u0080\u009d as used in this act, means\\nany sidewalk laid out as such by any city, town or village,\\nor by the owners of the abutting lands which is reserved.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0418.jp2"}, "419": {"fulltext": "The Highway Law of New York.\\n368i\\nLaws 1899, chapter 6S4.\\nby custom for the use of pedestrians, and which has been\\nespecially prepared for their use, but not including foot\u00c2\u00ac\\npaths or portions of public roads lying outside of the\\nthickly settled parts of cities and towns, which are worn\\nonly by travel, and are not improved by the public authori\u00c2\u00ac\\nties, or by the abutting owners.\\n6. To provide that every person violating any such\\nordinances shall be punished by a fine not exceeding the\\nsum of five dollars for each offense, and in case of the\\nnon-payment of such fine, by imprisonment in the county\\njail not exceeding one day for each dollar of such fine, in\\nthe discretion of the court or magistrate.\\n2. No city, town or village, shall have any power to\\nmake any ordinance, by-law or regulation respecting the\\nuse of bicycles or tricycles except as provided in this act;\\nand except as provded in this act, no ordinance, by-law or\\nregulation heretofore or hereafter made by a city, town or\\nvillage, in respect to bicycles or tricycles, shall have any\\nforce or effect. Nothing in this act shall affect the juris\u00c2\u00ac\\ndiction of sidepath commissioners nor the use of sidepaths.\\n3. Any person arrested for the violation of any of the\\nprovisions of this act, or of any ordinance or by-law\\nadopted as provided in this act, may tender at the time of\\nhis or her arrest, or at any time before the hearing thereon\\neither five dollars in current money, or his or her bicycle\\nor similar vehicle, as security for his or her appearance in\\ncourt to make answer to the charge of violating the provi\u00c2\u00ac\\nsions of this act or any ordinance or by-law adopted as\\nprovided in this act; and the officer making the arrest,\\nshall accept the security, which the rider may offer, as\\naforesaid, for his appearance, before the most convenient\\ncourt or magistrate, to be specified by said officer at a\\ntime to be fixed by him not less than one da} 7 in said city,\\nvillage or town having jurisdiction of the offense, and such", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0419.jp2"}, "420": {"fulltext": "368j\\nThe Highway Law of New Yoke.\\nLaws 1899. chapter 634.\\nsecurity shall be forthwith delivered, by such officer, to\\nsuch court or [magistrate. In case the person arrested\\nshall fail to appear and answer to such charge at the time\\nso specified or at such other time to which the matter\\nshall have been adjourned, such security shall be forfeited,\\nand if money, shall be disposed of in the same manner as\\nother fines are disposed of by such court or magistrate,\\nand, if a bicycle or similar vehicle, it may be sold under\\nthe direction of such court or magistrate at public sale, a\\nnotice of which sale shall be posted in three public places\\nin such city, town or village, and a copy thereof served\\npersonally or by mail upon the person who tendered the\\nsame at least six days before such sale, and five dollars of\\nthe money received upon such sale shall be disposed of in\\nthe same manner as other fines collected by such court or\\nmagistrate, and the remainder of the money received upon\\nsuch sale shall be paid to the owner of such bicycle or\\nother similar vehicle on demand.\\n4. This act shall take effect immediately.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0420.jp2"}, "421": {"fulltext": "", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0421.jp2"}, "422": {"fulltext": "", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0422.jp2"}, "423": {"fulltext": "FORMS.", "height": "4345", "width": "2472", "jp2-path": "highwaylawofnewy00gree_0_0423.jp2"}, "424": {"fulltext": "", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0424.jp2"}, "425": {"fulltext": "The Highway Law of New York.\\n371\\nForms.\\nFORMS.\\nNo. 1.\\nResignation of Highway Commissioners.\\nTo the Town Clerk (Justices of the Peace) of the Town of\\nin the County of. N. Y.:\\nI hereby tender my resignation of the office of commissioner of high\u00c2\u00ac\\nways of said town, for the following reasons\\nDated this... .day of.. 18...\\nNotice of Acceptance of Resignation.\\nCOUNTY OF.)\\nss.:\\nTown of.\\nTo the Town Clerk of the Town of\\nYou are hereby notified, pursuant to section 64 of the town law, that\\nwe, the undersigned, justices of the peace of said town, have, for good\\ncause shown, accepted the resignation of... .as commissioner of highways\\nof said town.\\nDated this_day of.. 18....\\nJustices of the Peace.\\nJSTo. 2.\\nAppointment of Highway Commissioner to Fill Vacancy.\\nCOUNTY OF.\\nV ss.:\\nTown of.\\nWhereas, a vacancy has occurred in the office of commissioner of high\u00c2\u00ac\\nways of said town by the resignation (or otherwise) of....; now therefore", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0425.jp2"}, "426": {"fulltext": "372\\nThe Highway Law of New York.\\nForms.\\nwe, the undersigned, town board of said town, do hereby, pursuant to\\nsection 65 of the town law, appoint_to fill the vacancy in said office.\\nWitness our hands and seals this.day of., 18_\\nTown Board.\\nNotice to Person Appointed.\\nCOUNTY OF\\nTown of...\\nTo _ Esq.\\nYou are hereby notified, pursuant to section 65 of the town law, that\\nyou have been appointed commissioner of highways of said town of\\nto fill the vacancy caused by the resignation (or otherwise) of\\n.and you are required to take the oath of office, and file your under\u00c2\u00ac\\ntaking within ten days after receiving this notice, as directed by section\\n51 of the town law.\\nDated this.day of., 18_\\nTown Clerk.\\nNo 3.\\nUndertaking of Highway Commissioner.\\nWhereas, .of the town of., in the county of.,\\nwas on the.day of.. 18 duly elected commissioner of\\nhighways now, therefore, we, the said.principal and.and.\\nof the town of.. his sureties, do hereby, pursuant to section 63 of\\nthe town law, jointly and severally undertake that the said_will faith\u00c2\u00ac\\nfully discharge his duties as such commissioner, and that he will within\\nten days after the expiration of his term of office, pay over to his successor\\nall moneys remaining in his hands as such commissioner, and render to", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0426.jp2"}, "427": {"fulltext": "The Highway Law of New York.\\n373\\nForms.\\nsuch successor a true account of all moneys received and paid out by him\\nas such commissioner.\\nDated this-day of.... 18..\\nSTATE OF NEW YORK,\\nCounty of. ss.\\nTown of.\\nOn this.day of., 18_, before me, the subscriber, per\u00c2\u00ac\\nsonally appeared.and.to me personally known to be the same\\npersons mentioned in, and who executed the foregoing undertaking, and\\nseverally acknowledged that they executed the same.\\nNotary Public.\\nJustification of Sureties.\\nSTATE OF NEW YORK,\\nss.\\nCounty of.\\n_and__ the sureties mentioned in the foregoing undertaking, being\\nseverally duly sworn, each for himself says, that he is a resident and free\u00c2\u00ac\\nholder (or householder) within this State, and is worth.dollars\\nover and above all debts and liabilities which he owes or has incurred, and\\nexclusive of property exempt by law from levy and sale on execution.\\nSubscribed and sworn to before me\\nthis_day of. ,18...\\nNotary Public.\\nApproval by Supervisor.\\nI hereby approve of the foregoing undertaking, and of the sufficiency\\nof the sureties therein named.\\nSupervisor of the Town of", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0427.jp2"}, "428": {"fulltext": "374\\nThe Highway Law of New York.\\nForms.\\nNo. 4.\\nUndertaking of Treasurer of Highway Commissioners.\\n(Highway Law, 2.)\\nWhereas, the commissioners of highways of the town of.,\\nin the county of., have designated one of their number,\\nto be treasurer, pursuant to section 2 of the highway law; now, therefore,\\nwe, the said., and., as his surety (or sureties), do\\nhereby jointly and severally undertake to and with the said town\\nthat the said.will faithfully account and pay over to any officer or\\nperson, entitled thereto, any money that may come into his hands as such\\ntreasurer.\\nDated this.day of., 18_\\nSTATE OF NEW YORK,\\nss.:\\nCounty of.\\nOn this.day of., 18-, before me personally appeared\\nthe above-named.and., to me personally known to be the same\\nperson described in and who executed the foregoing undertaking, and\\nthey severally acknowledged that they executed the same.\\nNotary Public.\\nSTATE OF NEW YORK,\\nV ss.:\\nCounty of.\\n.and., above named, being duly and severally sworn, each for\\nhimself says that he is a resident of and a householder, or freeholder,\\nwithin the state, and is worth.dollars over and above all debts\\nand liabilities which he owes or has incurred, and exclusive of property\\nexempt by law from levy and sale under execution.\\nSubscribed and sworn to before me,\\nthis.day of. ,18_\\nNotary Public.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0428.jp2"}, "429": {"fulltext": "The Highway Law of New York.\\n87.5\\nForms.\\nApproval by Supervisor.\\nI approve of the foregoing undertaking, and of the sufficiency of the\\nsureties therein named.\\nDated this.day of., 18_\\nSupervisor of the Town of.\\nNo. 5.\\nDivision of Town into Highway Districts.\\n{Highway Law 4.)\\nThe undersigned, commissioners of highways of the town of.\\nin the county of.hereby divide the highways of said town into\\ndistricts as follows:\\nDistrict No. 1 shall comprise (here insert the description thereof, and in\\nlike manner of all the other districts).\\nAnd we hereby assign to each of said districts the inhabitants and cor\u00c2\u00ac\\nporations, respectively, residing or located or assessed for highway labor\\ntherein and liable to work on highways.\\nDated this.day of.,18-\\nCommissioners of Highways.\\nNo. 6.\\nAppointment of Overseers.\\n{Highway Laic 4.)\\nThe undersigned, commissioners of highways of the town of.\\nin the county of.,do hereby appoint overseers of the highways of\\nsaid town for the ensuing year, as follows:\\nDistrict No. 1.\u00e2\u0080\u0094.\\nDistrict No. 2.\u00e2\u0080\u0094.\\nDistrict No. 3.\u00e2\u0080\u0094.\\nDated this_day of.. 18...\\nCommissioners of Highways.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0429.jp2"}, "430": {"fulltext": "376\\nThe Highway Law of New York.\\nForms.\\nNo. 7.\\nNotice to Overseers of Appointment.\\n{Highway Law, 4.)\\nCOUNTY OF\\nss.:\\nTown of.\\nTo\\nPlease take notice that you have been appointed by the commissioner of\\nhighways, overseer in highway district No... in the town of..\\ncounty of., N. Y., for the ensuing year; and you are hereby\\nrequired to report to the town clerk within sixteen days after receiving\\nthis notice, the names of all the taxable inhabitants and corporations in\\nyour highway district liable to be assessed for highway labor therein.\\nDated this_day of.. 18-\\nTown Clerk.\\nNo. 8.\\nConsent of Town Board.\\n{Highway Laic, 10.)\\nCOUNTY OF.)\\nss.:\\nTown of.)\\nAt a special meeting of the town board of said town, called by the\\nsupervisor (or town clerk) thereof, held on this-day of., 18..,\\nthe following preamble and resolution was adopted\\nWhereas, The highway (or bridge), known as.. was\\ndestroyed by.. on., 18. .,(or has become dam\u00c2\u00ac\\naged), and there not being sufficient moneys in the hands of the commis\u00c2\u00ac\\nsioners of highways to rebuild (or repair) the same; therefore, be it\\nResolved, That we do hereby consent that the commissioners of highways\\nof the town of.cause said highway (or bridge) to be imme\u00c2\u00ac\\ndiately rebuilt (or repaired) according to law.\\nTown Board.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0430.jp2"}, "431": {"fulltext": "The Highway Law of New York.\\n377\\nForms.\\nTown Clerk\u00e2\u0080\u0099s Certificate to Transcript.\\nCOUNTY OF\\nss.:\\nTown of.\\nI do hereby certify that I have compared the above transcript of the\\nproceedings of the town board of said town, at a special meeting held on\\nthe_day of.18.., with the original record thereof in my\\noffice, and that the same is a correct transcript therefrom, and of the\\nwhole of such original.\\nDated this.... day of.. 18..\\nTown Clerk.\\nNo. 9.\\nRequest to Convene Town Board.\\n(Highway Law, \u00c2\u00a711.)\\nTo the Supervisor {or Town Clerk) of the Town of in the\\nCounty of\\nThe undersigned commissioners of highways of said town, do hereby\\nrequest that the town board be convened in special session, for the pur\u00c2\u00ac\\npose of auditing the bills and expenses incurred in the erection (or repair)\\nof the highway (or bridge) under the consent given by said board on the\\n_day of.. 18..\\nDated this_day of.. 18..\\nCommissioners of Highways.\\nCertificate of Supervisor and Town Clerk.\\nCOUNTY.\\nss.:\\nTown of.\\nThe undersigned, supervisor and town clerk of said town, do hereby\\ncertify that at a special session of the town board this day held, for the pur\u00c2\u00ac\\npose of auditing and allowing the bills and expenses incurred by the com\u00c2\u00ac\\nmissioners of highways of said town, under the consent given by said", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0431.jp2"}, "432": {"fulltext": "378\\nThe Highway Law of New York.\\nForms.\\ntown board, on the-day., 18...the following bills and\\naccounts were audited and allowed, with interest:\\nDate.\\nIn whose favor.\\nNature of work done and\\nmaterial furnished.\\nAmount\\nallowed.\\nDated this... .day of\\n18....\\nSupervisor.\\nTown Clerk.\\nNo. 10.\\nAccounts for Services and Materials.\\n{Highway Laid, 12.)\\nThe Town of., to., Dr.\\nJanuary, 18.., to.(days\u00e2\u0080\u0099 labor on).\\nJanuary, 18.., to.(feet of plank)\\nTotal..\\nCOUNTY OF\\nss.:\\nTown of.\\n.,being duly sworn, says he is the claimant in the above account, and\\nthat the items of said account are correct, and that the disbursements and\\nservices charged therein have been in fact made or rendered, and goods\\nsupplied, and that no part of the same has been satisfied.\\nSubscribed and sworn to before me,\\nthis.day of., 18..\\nNotary Public.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0432.jp2"}, "433": {"fulltext": "The Highway Law of New Yoke.\\n379\\nForms.\\nCOUNTY OF.\\nss.:\\nTown of.\\nThe undersigned, commissioners of highways of said town, do hereby\\ncertify that in the foregoing account of., the services mentioned\\nwere actually performed, and the material mentioned was actually fur\u00c2\u00ac\\nnished, and the same was so performed and furnished at our request.\\nDated this.day of.,18-\\nCommissioners of Highways.\\nNo. 11.\\nComplaint about Unsafe Toll-bridge.\\n(Highway Law, 13.)\\nCOUNTY OF.\\nss.:\\nTown of.\\nbeing duly sworn, says that he believes the toll-bridge belong\u00c2\u00ac\\ning to.situated on the.at.\\nhas become and is unsafe for public use and travel; and that the\\nreasons for his belief are founded on the following facts:.\\nSubscribed and sworn to before me,\\nthis.day of. ,18..\\nNotary Public\\nJo. 12.\\nNotice to Owners of Unsafe Toll-bridge.\\n(Highway Law 13.)\\nTo\\nYou are hereby notified that the commissioners of highways of the\\ntown of., in the county of. have, on complaint", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0433.jp2"}, "434": {"fulltext": "380\\nThe Highway Law of New York.\\nForms\\nmade, carefully and thoroughly examined the toll-bridge situated on the\\n.at.and found it to be unsafe for\\npublic use and travel in the following particulars:\\nDated this.day of.18-\\nCommissioners of Highways.\\nNo. 13.\\nApplication to Lay Water-pipes in Highway.\\n{Highway Law 14.)\\nTo the Commissioners of Highways of the Toivn of\\nCounty of\\nThe undersigned, an inhabitant of the said town of.\\ndoes hereby make application to you for permission to lay and maintain\\nwater-pipes and hydrants under ground, within the highways of said\\ntown, pursuant to section 14 of the highway law, as follows:.\\nDated this.day of.. 18-\\nNo. 14.\\nPermission to Lay Water-pipes in Highway.\\n{Highway Law 14.)\\nThe undersigned, commissioners of highways of the town of.,\\nin the county of.. on the written application of., do\\nhereby grant permission to the said.to lay and maintain water-pipes\\nand hydrants under ground within the highways of said town, as follows:\\nBut such pipes are not to\\nbe laid under the traveled portion of the highway, except to cross the\\nsame for the purpose of supplying premises with water; and this permission\\nis upon condition that such pipes shall be so laid as not to interrupt or", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0434.jp2"}, "435": {"fulltext": "The Highway Law of New York.\\n381\\nForms.\\ninterfere with public travel upon the highway, and thatTthe applicant\\nshall replace all earth removed, and leave the highway in all respects\u00e2\u0080\u0099in as\\ngood condition as before the laying of such pipes.\\nDated this day of.. 18-\\nCommissioners of Highways.\\nJVo. 15\\nClaim for Damages Against Town.\\n{Highway Law 16.)\\nTo Supervisor of the Town of in the County of\\nI claim a cause of action against the said town of.. by reason\\nof defects in the highway (or bridge) in said town, and the following is a\\nstatement of such cause of action:\\nDated this-day of.18..\\nSTATE OF NEW YORK\\nss.:\\nCounty of.\\nbeing duly sworn, deposes and says that he is the above\\nnamed claimant; that he has read the foregoing statement and knows the\\ncontents thereof; that the same is true to his own knowledge, except as to\\nthe matters therein stated to be alleged upon information and belief, and\\nas to those matters he believes it to be true.\\nSworn to before me, this....\\nday of.. 189.,\\nNotary Public.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0435.jp2"}, "436": {"fulltext": "382\\nThe Highway Law of New York.\\nForms.\\nJS r o. 16.\\nReport of Highway Commissioners.\\n(Highway Law 19.)\\nAt First Meeting of Town Board.\\nThe undersigned, commissioners of highways of the town of..\\nin the county of.. hereby render to the town board of said\\ntown, the following report:\\n1. The highway labor assessed in said town for the year ending on..\\n18..., was_days; and the highway labor performed in said town during\\nthe said year was.... days, as appears by the accounts rendered us by the\\nseveral overseers of the highways in said town.\\n2. The said commissioners have received during the said year the fol\u00c2\u00ac\\nlowing sums of money for fines and commutations, and from other\\nsources:\\nDate. from whom received. On what account. Amount.\\n3. They have paid out during the said year, for which they have receipts\\nin full, the following sums:\\nDate. TO whom paid. On what account. Amount.\\n4. The improvements which have been made on the highways and\\nbridges in said town during said year are as follows:\\nAnd the highways and bridges in said town are as to condition as follows:\\nDated this day of February, 18...\\nCommissioners of highways.\\nAt Second Meeting of Town Board.\\nThe undersigned, commissioners of highways of the town of.,\\nin the county of.. hereby render to the town board of said\\ntown the following report:", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0436.jp2"}, "437": {"fulltext": "The Highway Law of New York.\\n383\\nForms.\\n1. The following improvements are necessary to be made on the high\u00c2\u00ac\\nways and bridges in said town during the next fiscal year, viz.:\\n2. The probable expense of making such improvements beyond what the\\nlabor to be assessed will accomplish, is by us estimated at\\nDated this day of November, 18....\\nCommissioners of Highways.\\nNo. 17.\\nNotice to Remove Obstructions.\\n(Highway Laic, 21.)\\nTo... Overseer of Highway District No of the Toicn of\\nin the County of\\nWe, the undersigned inhabitants of said town, liable to payment of\\nhighway tax, hereby give notice that the highway in said district is\\nobstructed by.at.and request that\\nyou forthwith proceed to remove said obstruction.\\nDated this... .day of.18\\nNo. 18.\\nLists of Inhabitants.\\n(Highicay Law, 31.)\\nI overseer of highway district No-- of the town of..\\n.do hereby certify that the following is a true and correct list of\\nall the inhabitants and corporations who are liable to work on the high\u00c2\u00ac\\nways in said district.\\nNAMES. _ NAMES. _\\nDated this... .day of\\n18....\\nOverseer of Highway District No....", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0437.jp2"}, "438": {"fulltext": "384\\nThe Highway Law of New York.\\nForms.\\nNo. 10.\\nList of Non-Resident Lands.\\n(Highway Law, 32.)\\nThe following is a list and statement of the contents of all lots, pieces\\nor parcels of land within the town of., in the county of.\\nowned by non-residents therein, made by the undersigned, com\u00c2\u00ac\\nmissioners of highways of said town\\nNAME OF TRACT\\nNumber\\nlot.\\nPart.\\nNumber\\nsection.\\nTownship.\\nNumber\\nrange\\nNumber\\nacres.\\nValua\u00c2\u00ac\\ntion.\\nDated this_day of., 18....\\nCommissioners of Highways.\\nNo. 20.\\nRoad Warrant.\\n(.Highway Law, 33.)\\nTo Overseer of Highways in District No of the Town\\nof hounded as follows\\nYou will cause the several persons and corporations whose names are\\nhereunto annexed, to labor on the highways in your district the number\\nof days set opposite their names, or commute therefor at the rate of one\\ndollar for each day two-thirds to be performed by the first day of\\n.next, and the residue by the first day of.\\n.next. You are also required to cause all noxious weeds\\non the highways in your district to be cut down between the fifteenth day\\nof June and first day of July, and again between the fifteenth day of\\nAugust and first day of September and also to cause the loose stones", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0438.jp2"}, "439": {"fulltext": "The Highway Law of New York.\\n385\\nForms.\\nlying on the beaten track of the road to be removed at least once in each\\nmonth from the first day of April to the first day of December. Should\\nany name in your district be omitted, or new inhabitants move in, you\\nare to annex their names, and to assess them in proportion to their real\\nand personal estate. And whenever the labor in your ward or district has\\nbeen worked out, commuted for, or returned to the supervisor, and the\\nhighways are obstructed by snow, or otherwise, and written notice has\\nbeen given to you by any two or more inhabitants of the town liable to\\nthe payment of highway tax, requesting the removal of such obstruction,\\nyou are required to immediately call upon all persons liable to highway\\ntax in your district to assist in removing such obstructions, and such\\nlabor, so called for by you, shall be assessed upon those liable to perform\\nthe same, in proportion to their original assessments. Also, to\\ndeliver to the supervisor of said town, on or before the first day\\nof October next, a list of all resident landholders residing in your dis\u00c2\u00ac\\ntrict, who have not worked out their highway assessment or commuted\\nfor the same, and a list of all the lands of non-residents, and of persons\\nunknown, which are taxed on your list, on which the labor assessed by\\nthe commissioners or added by you, according to law, has not been per\u00c2\u00ac\\nformed or commuted for, and the number of days unpaid for by each,\\ncharging for the same at the rate of one dollar and fifty cents per day,\\nwhich list shall be accompanied by your affidavit, duly certified, that you\\nhave given the notice required by sections 60 and 61 of the highway law,\\nand that the labor for which such residents and such land is returned\\nhas not been performed or commuted. You are to make return to one of\\nthe commissioners of highways on the second Tuesday next preceding the\\nannual town meeting in your town, unthin the year for which you are\\nappointed, verified by your oath containing: First. The names of all per\u00c2\u00ac\\nsons assessed to work on the highways in the district of which you are\\noverseer. Second. The names of all those who have actually worked on\\nthe highways with the number of days they have so worked. Third.\\nThe names of all those who have been fined, and the sums in which they\\nhave been fined. Fourth. The names of all those who have commuted,\\nand the manner in which the moneyes arising from fines and commuta\u00c2\u00ac\\ntions have been expended by you. Fifth. A list of all persons whose\\nnames you have returned to the supervisor as having neglected or refused\\nto work out their highway assessments, with the number of days and\\n25", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0439.jp2"}, "440": {"fulltext": "386\\nThe Highway Law of New York.\\nForms.\\namount of tax so returned for each person, and a list of all lands which\\nyou have returned to the supervisor for non-payment of taxes, and the\\namount of tax on each tract of land so returned according to the stat\u00c2\u00ac\\nute in such case made and provided. And you are to pay over to said\\ncommissioners according to law, all moneys payed to you for commuta\\ntion by all moneyed or stock corporations hereby assessed upon it or them\\nfor highway labor, and all moneys remaining in your hands, arising from\\nfiees and commutations. The law imposes a penalty of ten dollars on the\\noverseers for neglect or refusal to make such return, or to pay over said\\nmoneys, which fine the commissioners are bound to enforce in every case\\nof default.\\nDated this .day of.,18\\nCommissioners of Highways.\\nNAMES.\\nDa5 r s\\nDays\\nDays\\nAmount\\nassessed.\\nworked.\\ncommuted.\\nof fines.\\nJTo. 21.\\nAppealjby Non-resident.\\n(Highway Law 36.)\\nCOUNTY OF.\\nss.:\\nTown of..\\na non-resident owner of lands in said town, considering (or.\\nagent of.. a non-resident owner of lands in said town, who considers)\\nhimself aggrieved in the assessment for highway labor by the commis\u00c2\u00ac\\nsioners of highways of said town, upon the following described lands, to\\ndoes\\nhereby appeal from the assessment of said commisssoners to the county\\njudge of said county.\\nDated this.day of., 18...\\n5", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0440.jp2"}, "441": {"fulltext": "The Highway Law of New York.\\n387\\nForms.\\nNotice to Commissioners.\\nTo... commissioners of highways of the town of\\nYou are hereby notified, that considering myself aggrieved\\nby your assessment for highway labor on the land owned by me in said\\ntown, I have this day appealed to the county judge of the county of\\nwho will on the.day of.. at-o\u00e2\u0080\u0099clock, in\\nthe.noon at.. in the village of.hear and decide on\\nsaid appeal.\\nDated this.day of.. 18-\\nNo. 22.\\nNew Assessment by Overseers.\\n(Highway Law 42.)\\nThe amount of labor assessed on the inhabitants of highway district No.\\ntown of.. being deemed by me, the undersigned over\u00c2\u00ac\\nseer of highways in said district, insufficient to keep the highways therein\\nin repair, I do therefore, pursuant to section 42 of the highway law, make\\na further assessment as follows:\\nNames. Days. _| Names. Days. _\\nDated this.day of.. 18-\\nOverseer of Highways, District No....\\nNo. 23.\\nOrder Authorizing Planting of Shade Trees, or Construction\\nof Sidewalks.\\n(.Highway Law, 43.)\\nCOUNTY OF.)\\nss.:\\nTown of.\\nWe, the undersigned commissioners of highways of said town, do hereby\\nauthorize., at his own expense, to locate and plant trees and locate", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0441.jp2"}, "442": {"fulltext": "388\\nThe Highway Law of New York.\\nForms.\\nand construct sidewalks along gthe highway adjoining his premises, in\\nhighway district No.in said town, according to a map or diagram\\nhereto attached and made a part of this order.\\nDated this.day of.. 18_\\nCommissioners of Highways.\\nNo. 24.\\nApplication to Anticipate Sidewalk Tax.\\n(Highivay Law 45.)\\nTo the Commissioners of Highways of the Town of in the\\nCounty of\\nWe, the undersigned, a majority of the inhabitants of highway district\\nNo-in said town of., subject to assessment for highway labor\\ntherein, hereby make application to you for authority to anticipate and\\nexpend.of the highway labor or commutation\\nmoney of said district in the construction, improvement and repair of the\\nsidewalks in said district for the term of.years, pur\u00c2\u00ac\\nsuant to section 45 of the highway law.\\nDated this-day of., 18_\\nOrder of Commissioners.\\nCOUNTY OF\\nTown of. SS\\nWe, the undersigned commissioners of highways of said town, hereby\\nauthorize the overseer of highway district No_, in said town, to antici\u00c2\u00ac\\npate and expend.of the highway labor or\\ncommutation money received therefor, in said district, for the term of\\n.years, in the construction, improvement and repair", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0442.jp2"}, "443": {"fulltext": "The Highway Law of New York.\\n389\\nForms.\\nof the sidewalk within the limits of said district, pursuant to sections 45\\nand 46 of the highway law.\\nDated this_day of.. 18-\\nCommissioners of Highways.\\nNo.\\nK\\nCertificate of Anticipation.\\n(Highway Law t 46.)\\nCOUNTY OF\\nss.:\\nTown of.\\nI, the undersigned, overseer of highway district No.,in the said\\ntown of.. hereby certify that_has anticipated and worked\\n(or commuted for).days, constructing, improving and repairing the\\nsidewalk within the limits of said district, pursuant to section 45 of the\\nhighway law.\\nDated this_day of. 18...\\nOverseer of Highways, District No....\\nNo. 26.\\nTransfer of Certificate.\\n(Highway Law 47.)\\nFor value received, I hereby assign and transfer all my right and inter\u00c2\u00ac\\nest in and to the within certificate of anticipation to...., grantee of the\\nreal property upon which such highway labor is assessable.\\nDated this_day of.18-", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0443.jp2"}, "444": {"fulltext": "390\\nThe Highway Law of New York.\\nForms.\\nNo. 27.\\nRequest to Change System.\\n(Highway Law, 51.)\\nTo Town Clerk of the Town of in the County\\nof\\nWe, the undersigned, taxpayers of said town of..\\nhereby request that a vote by ballot be taken at the next annual town\\nmeeting in said town by the electors thereof entitled to vote thereon, on\\nthe question of changing the system of taxation for working the high\u00c2\u00ac\\nways in said town, pursuant to sections 50, 51, 52 and 53 of the highway\\nlaw.\\nL Dated this.day of. 18....\\nNo. 28.\\nNotice to Corporation.\\n(Highway Late, 60.)\\nTo a Corporation (or Agent of\\nTake notice that you (or are assessed.day\u00e2\u0080\u0099s labor in high\u00c2\u00ac\\nway district No.in the town of.. county of.,\\nand that said labor is required to be performed on the highway at\\n.in said district on the-day of. next, and the days\\nfollowing, and you are required to furnish.and\\nto perform.day\u00e2\u0080\u0099s labor in a day, and will be allowed one day for every\\neight hours of work on said highway between 7 o clock in the A. M. and 6\\no\u00e2\u0080\u0099clock in the p. m.\\nDated this-day of.,18_\\nOverseer of Highway District No....", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0444.jp2"}, "445": {"fulltext": "The Highway Law of New York.\\n391\\nF orms.\\n29.\\nNotice to Non-Residents.\\n(.Highway Law, 61.)\\nAgent of a Non-resident Owner of Lands in the Town\\n\u00c2\u00b0f in the County of\\nTake notice that., a non-resident of the said town, is assessed.\\ndays labor in highway district No., in said town, and that said labor\\nis required to be performed on the highway at.in said district\\non the.... day of.next, and the days following.\\nDated this day of., 18_\\nOverseer of Highway District No....\\nNotice for Filing.\\nNotice is hereby given that the highway labor assessed on the following\\ndescribed parcels of land in the town of., county of.,\\nowned by non-residents, is required to be performed from the_day of\\n.to the... .day of.next, in highway district No_, m\\nsaid town, on the highway at.\\nowners\u00e2\u0080\u0099 names. Description of lands. Daj r s assessed.\\nDated this_day of., 18-\\nOverseer of Highway District No....\\nJVo. SO.\\nList of Unperformed Labor.\\n(.Highway Law 66.)\\nTo the Supervisor of the Town of in the County of\\nThe following is a list of all the resident landholders residing in highway\\ndistrict No_, in the said town of.. who have not worked out\\ntheir highway assessments, or commuted for the same, with the number\\nof days not worked or commuted for by each, at one dollar and fifty cents\\nper day; and also a list of all the lands of non-residents and of persons", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0445.jp2"}, "446": {"fulltext": "392\\nThe Highway Law of New York.\\nForms.\\nunknown, which are assessed on my warrant by the commissioners of\\nhighways, or added by me according to law, on which the labor assessed\\nhas not been performed or commuted for, and the number of day\u00e2\u0080\u0099s labor\\nunpaid by each, charging for each at the rate of one dollar and fifty cents\\nper day:\\nOwners\u00e2\u0080\u0099 Name.\\nDescription of land.\\nAssessed\\nvalue.\\nNumber\\nof days\\nAmount.\\nOwners\u00e2\u0080\u0099 Name.\\nList of Non-resii\\nDescription of land.\\nent Land\\nAssessed\\nvalue.\\ns.\\nNumber\\nof days\\nAmount.\\nOverseer of Highway District No....\\nCOUNTY OF\\nss.:\\nTown of.\\nbeing duly sworn, says he is the overseer of highway district No\\nin the town of.. in the county of., and that\\nhe has given the notices to appear and work, required by sections 60 and\\n61 of the highway law, and that the labor for which such residents and\\nsuch land is returned, has not been performed or commuted for.\\nSubscribed and sworn to before\\nme, this_day of_ 18..\\nI\\nOverseer of Highway District No....\\nNotary Public.\\nNo. 31.\\nReturn of Overseer,\\n{Highway Law, 69.)\\nTo the Commissioners of Highways of the Town of in the\\nCounty of\\nThe undersigned, overseer of highway district No., in said town,", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0446.jp2"}, "447": {"fulltext": "The Highway Law of New York.\\n393\\nForms.\\nhereby renders the following account pursuant to section 69 of the high,\\nway law:\\n1. The names of all persons assessed to work on the highways in said\\ndistrict are as follows:\\nNames. I Days assessed.\\n2. The names of all persons who have actually worked on the highways,\\nwith the number of days they have -worked, are as follows:\\nNames.\\n1\\nDays worked.\\n3. The names of all those who have been\\nthey have been fined, are as follows:\\nNames.\\nfined, and the sums in which\\nAmount.\\n4. The names of those who have commuted, and the amount of the\\ncommutation, are as follows:\\nNames. Amount.\\n5. The moneys arising from penalties and commutations have been\\nexpended as follows:.\\n6. Names returned to the supervisor of persons who have neglected or\\nrefused to work out their highway assessments, with the number of days\\nand amount of tax so returned, are as follows:\\nNames. Days assessed. Amount of tax.\\n7. The following is a list of lands returned to the supervisor for non\u00c2\u00ac\\npayment of taxes:\\nNames of owners\\nDescription.\\nAssessed\\nvalue.\\nNumber\\ndays.\\nAmount.\\nOverseers of Highway District No....", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0447.jp2"}, "448": {"fulltext": "394\\nThe Highway Law of New York.\\nForms.\\nss.;\\nCOUNTY OF.\\nTown of.\\nbeing duly sworn, says he is overseer of highway district No.\\nin the town of.. and that the foregoing account sub\u00c2\u00ac\\nscribed by him, is true to the best of his knowledge and belief.\\nOverseer of Highway District No....\\nSubscribed and sworn to before me,\\nthis_day of.. 18_\\nNotary Public.\\nNo. 32.\\nNotice to Remove Weeds.\\n(Highway Law 71.)\\nTo Occupant of Abutting on the\\nHiglucay in Highway District No in the Town of\\nCounty of N. Y.:\\nThe undersigned, overseer of highways of said district, hereby notifies\\nand requires you to cut all weeds, briers and brush growing upon the\\nabove described lands within the bounds of said highway within ten days\\nafter the receipt of this notice; and if you fail to do so, I shall cause the\\nsame to be cut and make a report thereof pursuant to section 71 of the\\nhighway law.\\nDated this.day of.,18_\\nOverseer of Highway District No....\\nNo. 33.\\nReport of Overseers as to Weeds.\\n(Highway Law 71.)\\nTo the Commissioners of Highways of the Town of\\nCounty of\\nThe undersigned, overseer of highway district No....\\nin said town,", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0448.jp2"}, "449": {"fulltext": "The Highway Law of New York.\\n395\\nForms.\\nin accordance with section 71 of the highway law, hereby renders the fol\u00c2\u00ac\\nlowing report:\\nThe amount of money expended by me for cutting weeds, briers and\\nbrush within the bounds of the highway in said district, and the names of\\nthe owners and occupants of the several pieces or parcels of land against\\nwhich said labor was performed, with a brief description of the same, are\\nas follows:\\nNAME OF OWNER.\\nName of occupant.\\nDescription of\\npremises.\\nAmount\\nexpended.\\nAnd in each case default was made by the occupant, after due notice\\nhad been given.\\nDated this.day of.. 18-\\nOverseer of Highway District No....\\nCOUNTY OF\\nss.:\\nTown of.\\nbeing duly sworn, says the foregoing report\\nsubscribed by him\\nis true.\\nSubscribed and sworn to before me,\\nthis.day of., 18..\\nNotary Public.\\nNo. 34.\\nCertificate of Commissioners.\\n(Highway Law, 71.)\\nTo Supervisors of the Town of in the\\nCounty\u00e2\u0080\u0099of\\nThe undersigned, commissioners of highways of said town, hereby\\ncertify that the annexed reports have been made by the overseers of\\nhighways whose names are thereto subscribed, pursuant to section 71 o f", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0449.jp2"}, "450": {"fulltext": "896\\nThe Highway Law of New York.\\nForms.\\nthe highway law; and that the several amounts therein expended were\\npaid as follows:\\nDated this...... day of.. 18....\\nCommissioners of Highways.\\nYo. 35\\nLaying Out Highway upon Dedication.\\n(Highway Law 80.)\\nApplication.\\nTo the Commissioners of Highways of the Town of\\nCounty of\\nThe undersigned, liable to be assessed for highway labor in the town of\\nhereby applies to you to lay out a highway in said town,\\ncommencing.which proposed highway\\nwill pass through the lands of., and., who consent to the laying\\nout of such highway.\\nDated this.day of., 18....\\nDedication.\\nI,., of the town of.. county of., N. Y., for\\nvalue received, hereby dedicate to the town of., aforesaid, a\\nstrip of land across my premises in said town, for the purpose of a high\u00c2\u00ac\\nway, described as follows:. And I also\\nhereby release said town from all damages by reason of the laying out and\\nopening of said highway.\\nIn witness whereof I have hereunto set my hand and seal, this.\\nday of., 18_\\nSTATE OF NEW YORK,\\nV ss.:\\nCounty of.\\nOn this.day of., 18-, before me, the subscriber,", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0450.jp2"}, "451": {"fulltext": "The Highway Law of New York.\\n397\\nForms.\\npersonally appeared.. to me known to be the person described in, and\\nwho executed the foregoing agreement, and he duly acknowledged to me\\nthat he executed the same.\\nNotary Public.\\nOrder.\\nAt a meeting of the commissioners of highways of the town of.\\nin the county of., on the.day.. 18...., for the\\npurpose of deliberating on the propriety of laying out a highway in said\\ntown, hereinafter described, and on the application of., a person\\nliable to be assessed for highway labor in said town, and a release from\\nthe owners of the land through which the highway is proposed to be\\nopened, having been given, it is ordered and determined that a highway\\nshall be, and the same is hereby laid out in said town as follows: Begin-\\ning.\\nDated this.day of.. 18....\\nCommissioners of Highways.\\nWo. 36.\\nLaying Out Highway upon Release of Damages.\\n(Highway Law 80.)\\nApplication.\\nTo the Commissioners of Highways of the Town of\\nCounty of\\nThe undersigned, liable to be assessed for highway labor in the town of\\nhereby applies to you to lay out (or alter) a highway in said\\ntown, commencing.which proposed\\nhighway will pass through the lands of.and.. who consent to,\\nthe laying out (or altering) of such highway.\\nDated this.day of.,18-", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0451.jp2"}, "452": {"fulltext": "398\\nThe Highway Law of New York.\\nForms.\\nConsent of Town Board.\\nThe undersigned, the town board of the town of.. in the\\ncounty of., hereby consent that the commissioners of high\u00c2\u00ac\\nways of said town make an order laying out (or altering) the proposed\\nhighway described in the application of.. pursuant to section 80 of\\nthe highway law.\\nDated this.day of., 18_\\nSupervisor.\\nTown Clerk.\\nJustices of the Peace.\\nRelease of Damages.\\nI,.. of the town of., county of., N. Y., for\\nand in consideration of the sum of. hereby con\u00c2\u00ac\\nsent that a highway be laid out and opened (or altered) across my premises\\nin the town of., county of., N. Y., pursuant to the\\napplication of., dated the.day of.,18_, and release\\nsaid town from all damages by reason of laying out and opening (or alter\u00c2\u00ac\\ning) such highway through my premises.\\nDated this.day of., 18...\\nOrder.\\nAt a meeting of the commissioners of highways of the town of.\\nin the county of.on the.day of., 18..., for\\nthe purpose of deliberating on the propriety of laying out (or altering) a\\nhighway in said town hereinafter described, on the written application of\\na person liable to be assessed for highway labor in said town\\nand the written consent of the town board of said town, and a release\\nfrom the owners of the land through which the proposed highway is to be\\nopened, the consideration of any one claimant not exceeding $100, and to\\nall the claimants not exceeding $500, it is ordered and determined that a", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0452.jp2"}, "453": {"fulltext": "The Highway Law of New York.\\n399\\nForms.\\nhighway shall be, and the same is hereby laid out in said town as follows\\nAnd the line of survey shall be the centre of\\nthe highway, which shall be.rods in width.\\nDated this.day of.. 18....\\nCommissioners of Highways.\\nNo. 37.\\nApplication to Lay Out Highway.\\n[Highway Law 82.)\\nTo the Commissioners of Highways of the Town of\\nCounty of\\nThe undersigned, liable to be assessed for highway labor in your town,\\nhereby applies to you to lay out a highway in said town, as follows:\\n.which proposed highway will pass through\\nthe lands of.and.(who consent to the laying out of the high\u00c2\u00ac\\nway, or as the case may be).\\nDated this.day of.. 18-\\nJVo. 38.\\nApplication to Alter Highway,\\n(.Highway Law 82.)\\nTo the Commissioners of Highways of the Town of\\nCounty of\\nThe undersigned, liable to be assessed for highway labor in your town,\\nhereby applies to you to alter the highway leading from.to\\nin said town as follows:.\\nThe proposed alteration passes through the lands of.\\nand w ho consent to the proposed alteration, or as the case may be).\\nDated this .day of. 18-", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0453.jp2"}, "454": {"fulltext": "400\\nThe Highway Law of New York.\\nForms.\\nNo. 39.\\nApplication to Discontinue Highway.\\n{Highway Law 82.)\\nTo the Commissioners of Highways of the Town of\\nCounty of\\nThe undersigned, liable to be assessed for highway labor in your town\\nhereby applies to you to discontinue the old highway beginning\\n^.on the ground that said highway has been abandoned.\\nDated this_day of.. 18-\\nNo. 40.\\nApplication for Commissioners.\\nHighway Law 83.)\\nCOUNTY COURT.\u00e2\u0080\u0094.County.\\nIn the Matter of the Application of.to Lay Out (Alter or Dis\u00c2\u00ac\\ncontinue) a Highway in the Town of.and the Assess\u00c2\u00ac\\nment of Damages Therefor.\\nTo the County Court of. County:\\nThe petition of., of the town of.. county of..\\nrespectfully shows that your petitioner is a person liable to be assessed for\\nhighway labor in the town of., county of.; that on\\nthe-day of., 18.he presented the following application in\\nwriting to the commissioners of highways of said town.\\nThat said application was in good faith made; that the commissioners of\\nhighways have not laid out (altered or discontinued) said highway pur\u00c2\u00ac\\nsuant to section 80 of the highway law.\\nWherefore, your petitioner prays that three commissioners be appointed\\npursuant to section 84 of the highway law, to determine upon the necessity\\nof the proposed highway (or altering or discontinuing the said highway),\\nand to assess the damages by reason of laying out and opening (or altering\\nor discontinuing) such highway.\\nDated this... .day of\\n18", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0454.jp2"}, "455": {"fulltext": "The Highway Law of New Yoke.\\n401\\nForms.,\\nSTATE OF NEW YORK,\\nss.:\\nCounty of.\\nbeing duly sworn, says he has read the foregoing petition by him\\nsubscribed, and that the same is true to the knowledge of deponent, except\\nas to the matters therein stated to be alleged on information and belief,\\nand as to those matters he believes it to be true.\\nSubscribed and sworn to before me,\\nthis-day of. 18.. i\\nNotary Public.\\nXo. 41.\\nAppointment of Commissioners.\\nHighway Lciiv, 84.)\\nAt a.term of the County Court of the county of.\\nheld at.in the.in and for said county.\\nPresent, Hon.. county judge.\\nIn the Matter of the Application of., to Lay Out (Alter or\\nDiscontinue) a Highway in the Town of.and the As\u00c2\u00ac\\nsessment of Damages Therefor.\\nOn reading and filing the petition of., of the town of., in\\nsaid county, dated the day of .,18.., praying for the\\nappointment of three commissioners, pursuant to section 84 of the high\u00c2\u00ac\\nway law, to certify as to the necessity of laying out and opening (altering\\nor discontinuing) a highway as follows: .and to\\nassess the damages by reason of laying out (altering or discontinuing) such\\nhighway, it is hereby ordered that and.of the town of\\nsa id county, be, and they are hereby appointed such commis\u00c2\u00ac\\nsioners.\\n26\\nCounty Judge.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0455.jp2"}, "456": {"fulltext": "402\\nThe Highway Law of New York.\\nForms.\\nNo. 42.\\nSubpoena and Oath.\\nHighway Law, 84.)\\nSubpoena.\\nThe People of the State of New York to _ and _:\\nYou and each of you are hereby commanded to be and appear before us,\\ncommissioners appointed by the county court of.county, at the\\nin the town of.on the .day of.. 18__ at\\n-o\u00e2\u0080\u0099clock in the.noon, to testify and give evidence in the matte 1\\nof laying out (altering or discontinuing) a highway and assessing the\\ndamages therefor, in the town of., then and there to be heard\\nand determined.\\nDated this.day of., 18_\\nCommissioners.\\nOath.\\nYou do solemnly swear that the evidence you shall give touching the\\nnecessity of laying out (altering or discontinuing) the highway in question,\\nand assessing the damages therefor (or as the case may be), shall be the\\ntruth, the whole truth and nothing but the truth, so help you God.\\nNo. 43.\\nNotice of Meeting.\\n{Highway Law 85.)\\nNotice is hereby given that the undersigned has made application to the\\ncommissioners of highways of the town of in the county of\\nfor the laying out (altering or discontinuing) of a highway\\nin said town, as follows: .which\\nproposed highway (or alteration) will pass through the lands of.\\nand by an order of the county court dated the_day of.18..,\\nand .were appointed commissioners to certify as to the\\nnecessity of said proposed highway (alteration or discontinuance), and to", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0456.jp2"}, "457": {"fulltext": "The Highway Law of New York.\\n403\\nForms.\\nassess the damages by reason of the laying out and opening (alteration or\\ndiscontinuance) of such highway and that said commissioners will all\\nmeet at.in said town, on the... .day of., 18...., at\\n....o\u00e2\u0080\u0099clock in the.noon, to examine the proposed highway (or the\\nhighway) and hear the commissioners of highways and all others inter\u00c2\u00ac\\nested therein, and to assess the damages if such highway be determined\\nto be necessary (or is altered or discontinued).\\nDated this_day of.. 18-\\nAffidavit of Service.\\nSTATE OF NEW YORK,\\nV ss.:\\nCounty of.\\nbeing duly sworn, says that he caused notices in writing, of which\\nthe within is a copy, to be posted up at.. at..and-\\nthree public places in the town of.. said county, on\\nthe.... day of.. 18_, and that he served a like notice on\\n.on the.day of\\n18__ by.and that said notices were\\nposted at the respective places, and served on the respective persons herein\\nnamed, at least eight days before the time specified therein for the meeting\\nof said commissioners.\\nSubscribed and sworn to before me,\\nthis_day of. ,18..\\nNotary Public.\\nJS r o. 44\\nDecision Favoring Application.\\n(.Highway Laic, 86.)\\nThe undersigned, by an order of the county court of.county,\\ndated the.day of., 18...., on the application of.,\\nhaving been appointed commissioners to certify as to the necessity of lay\u00c2\u00ac\\ning out and opening (altering or discontinuing) a highway in the town of", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0457.jp2"}, "458": {"fulltext": "The Highway Law of New Yoke.\\n40-i\\nForms.\\nin said county, begining...\\nwhich proposed highway (or highway) crosses the lands of.\\n.and to assess the damages to be caused thereby; now, there\u00c2\u00ac\\nfore, we, the said commissioners, having given due notice of the time and\\nplace at which w T e would meet, and all having met at.. .in said\\ntown on the.day of., 18...., pursuant to such notice, and\\nhaving taken the constitutional oath of office, and on proof of the service\\nand posting of the notices by the applicant, pursuant to section 85 of the\\nhighway law, having viewed the proposed highway (or alteration or high\u00c2\u00ac\\nway proposed to be discontinued) and the lands through which it is\\nproposed to be laid out and opened (altered or discontinued) and having\\nheard all the allegations of the commissioners of highways and the parties\\ninterested therein, and the evidence of all the witnesses produced, do\\nthereupon certify, that in our opinion it is necessary and proper that th e\\nhighway be laid out and opened (altered or discontinued) pursuant to the\\nsaid application of., dated the.day of. ,18_; and\\nw T e have assessed the damages required to be asseseed by reason of laying\\nout and opening (altering or discontinuing) such highway as follows:\\nThe damages of.at the damages of.at\\nDated this.day of., 18....\\nCommissioners.\\nJS T o. 45.\\nDecision Denying Application.\\n{Highway Law 88.)\\nThe undersigned, by an order of the county court of.county\\ndated the....day of. ,18...., on the application of.,\\nhaving been appointed commissioners to certify as to the necessity of\\nlaying out and opening (altering or discontinuing) a highway in the town\\nof.in said county, as follows:.\\nwhich proposed highway (or highway) crosses the lands of.\\nand to assess the damages to be caused thereby; now, therefore,\\nwe, the said commissioners, having given due notice of the time and place", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0458.jp2"}, "459": {"fulltext": "The Highway Law of New York.\\n405\\nForms.\\nat which we would meet, and all having met at. in said town, on\\nthe... .day of.18.., pursuant to such notice, and having taken\\nthe constitutional oath of office, and on proof of the service and posting of\\nthe notices by the applicant, pursuant to section 85 of the highway law,\\nhaving viewed the proposed highway (or alteration or highway proposed\\nto be discontinued) and the lands through which it is proposed to be laid\\nout and opened (altered or discontinued) and having heard all the allega\u00c2\u00ac\\ntions of the commissioners of highways and the parties interested therein,\\nand the evidence of all the witnesses produced, do thereupon certify, that\\nin our opinion such highway, or alteration or discontinuance, is unneces\u00c2\u00ac\\nsary and improper and should not be laid out (or should not be made, or\\nsuch highway should not be discontinued).\\nDated this... .day of. 18....\\nCommissioners.\\nNo 46.\\nNotice of Motion to Confirm.\\n(.Highway Law, 89.)\\nCOUNTY COURT.\u00e2\u0080\u0094 .County.\\nIn the Matter of the Application of.to Lay Out (Alter or Dis\u00c2\u00ac\\ncontinue) a Highway in the Town of., and the\\nAssessment of Damages therefor.\\nTo and\\nTake notice that an application will be made to this court at a.\\nterm thereof, to be held at the.in the.of. on\\nthe.day of.. 18_, for an order confirming the decision\\nof the commissioners in the above entitled matter, which decision is dated\\nthe.day of.. 18__ and for such other and further relief\\nas to the court may seem proper; that said application will be made upon\\nsaid decision and upon the affidavits and papers, with copies of which you\\nare herewith served.\\nDated this.day of.. 18-", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0459.jp2"}, "460": {"fulltext": "406\\nThe Highway Law of New York.\\nForms.\\nNo. 47.\\nOrder of Confirmation.\\n(Highway Law l 89.)\\nAt a term of the.County Court, held at the.in the\\n.of., on the.day of.. 18_\\nPresent\u00e2\u0080\u0094Hon.. county judge.\\nCOUNTY COURT\u00e2\u0080\u0094. County.\\nIn the Matter of the Application of.to Lay Out (Alter or Dis\u00c2\u00ac\\ncontinue) a Highway in the Town of., and the Assess\u00c2\u00ac\\nment of Damages therefor.\\nOn reading and filing the decision of the commissioners,...and\\nin the above entitled matter, dated the_day of., 18_,\\nby which it appears.with proof of due service\\nupon.and.of notice of this application and.\\nand on motion of., counsel for., after hearing., counsel\\nfor.and., opposed, and on reading.it is here\u00c2\u00ac\\nby ordered that the said decision be and the same is hereby confirmed.\\nCounty Judge.\\nNo. 48.\\nOrder Laying Out after Confirmation.\\n(Ilighivay Law, 89.)\\nWhereas, ....did present to us as commissioners of highways of the\\ntown of., in the county of.. a written application\\ndated the... .day of., 18.to lay out a highway in said town\\nand, whereas, commissioners were appointed by the county court of said\\ncounty, pursuant to section 84 of the highway law, and after having duly\\nmet, certified that such proposed highway was necessary and proper and\\nshould be laid out and opened, and assessed the damages therefor and the\\nsaid court having confirmed the decision of said commissioners (or no\\nmotion having been made to the county court to confirm, vacate or modify\\nsuch decision) which said application, orders and certificate (or other", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0460.jp2"}, "461": {"fulltext": "The Highway Law of Hew Yoke.\\n407\\nForms.\\npapers) were duly filed in the office of the town clerk of said town, to\\nwhich reference is here made.\\nNow, therefore, we, the undersigned commissioners of highways of said\\ntown, pursuant to section 89 of the highway law, do hereby lay out such\\nhighway as so applied for and ordered, whereof a survey has been made as\\nfollows .and the line of such survey\\nshall be the center of the highway, which is to be.rods in width.\\nDated this_day of.18-\\nCommissioners of Highways.\\nNo. 40.\\nNotice of Motion to Vacate or Modify.\\n{Highway Laic, 89.)\\nCounty Court.\u00e2\u0080\u0094.County.\\nIn the Matter of the Application of-to Lay Out (Alter or Discon\u00c2\u00ac\\ntinue) a Highway in the Town of.. and the Assessement\\nof Damages therefor.\\nTo .and\\nTake notice that an application will be made to this court at a.\\nterm thereof to be held at the.in the.of.\u00e2\u0080\u0099\\non the.day of.. 18 for an order vacating\\n(modifying or correcting), in the following particulars.the\\ndecision of the commissioners in the above entitled matter, which decision\\nis dated the... .day of., 18...., with costs on this motion, and\\nsuch further relief as the court may deem proper. That such application\\nwill be made upon said decision and the affidavits and papers, with copies\\nof which you are herewith served.\\nDated this-day of.. 18-", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0461.jp2"}, "462": {"fulltext": "408\\nThe Highway Law of New York.\\nForms.\\nNo. 50.\\nOrder Vacating or Modifying,\\n(Highivvy Law 89.)\\nAt a term of the.County Court, held at the.in the\\n.of.. on the.day of.. 18-\\nPresent\u00e2\u0080\u0094Hon., county judge.\\nIn the Matter of the Application of., to Lay Out (Alter or Dis\u00c2\u00ac\\ncontinue) a Highway in the Town of.., and the Assess\u00c2\u00ac\\nment of Damages therefor.\\nOn reading and filing the decision of the commissioners.,.and\\nin the above entitled matter, dated the.day of., 18..,\\nby which it appears.with proof of due\\nservice upon., and.of notice of this application and.\\nand on motion of., counsel for., after hearing.,\\ncounsel for. and.opposed, and on reading., it\\nis hereby ordered that the said decision be and the same is hereby vacated\\n(or modified or corrected as follows):.(or that a new hearing be\\nhad before the same or other commissioners to be named herein), with\\n$.costs of this motion to.against.\\nCounty Judge.\\nNo. 51.\\nConsent of Owner.\\n(Highway Law, 90.)\\nWhereas .has made application in writing to the commissioners of\\nhighways of the town of., in the county of., dated\\nthe.day of., 18...., to lay out a highway in said town\\nbeginning at (insert description), and which said highway will pass through\\nmy orchard,\\nNow, therefore, I do hereby consent that such highway be so laid out,\\nopened, worked and used through my said orchard; but this consent shall\\nnot be construed as a waiver or release of my claim for damages, by reason\\nthereof.\\nDated the\\nday of\\n18", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0462.jp2"}, "463": {"fulltext": "The Highway Law of New York.\\n409\\nForms.\\nYo. 52.\\nOrder Laying Out, after Consent.\\nHighway Law 90.)\\nWhereas, .did, on the... .daj 7- of., 18 present to us as\\ncommissioners of highways of the town of., in the county of\\n.a written application to lay out a highway in said town, pass\u00c2\u00ac\\ning through an orchard of...., of the growth of four years or more, and\\nthe said... .having consented that such highway be so laid out,\\nNow, therefore, we, the undersigned commissioners of higliwaj^s, pursu\u00c2\u00ac\\nant to section 90 of the highway law, do hereby lay out said highway, as\\nso applied for, whereof a survey has been made as follows\\nand the line of survey is to be the center of the highway which is to be\\n.rods in width.\\nDated this... .day of., 18-\\nCommissioners of Highways.\\nNo. 53.\\nCertificate of Commissioners to County Court,\\n{Highway Law, 90.)\\nCOUNTY COURT\u00e2\u0080\u0094 .County.\\nIn the Matter of the Application of to Lay Out a Highway\\nin the Town of.. and the Assessment of Damages\\ntherefor.\\nTo the County Court of County\\nThe undersigned, commissioners of highways of the town of..\\nin said county, hereby certify that on the... .day of.. 18....,\\n__ who is liable to be assessed for highway labor in said town, made a\\n-written application to us as such commissioners to lay out a highway in\\nsaid town, passing through an orchard of...of the growth of four years\\nor more, pursuant to section 90 of the highway law, as follows.\\nAnd that the said.does not consent thereto;", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0463.jp2"}, "464": {"fulltext": "410\\nThe Highway Law of New York.\\nForms.\\nthat the following proceedings were had upon such application:\\nWe further certify that the public\\ninterest will be greatly promoted by the laying out and opening of such\\nhighway through said orchard; and commissioners appointed by this court\\nhave certified that such highway is necessary and proper, and have\\nassessed the damages of.by reason thereof, at\\nDated this.day of.. 18-\\nCommissioners of Highways.\\n3 o. 51.\\nOrder of County Court.\\n(Highway Laiv, 90.)\\nAt a term of the.county court, held at., in the\\n.of., on the.day of., 18_\\nPresent\u00e2\u0080\u0094Hon., county judge.\\nIn the Matter of the Application of., to Lay Out a Highway in\\nthe Town of., and the Assessment of Damages\\ntherefor.\\nUpon reading and filing the certificate of.,.and. com\u00c2\u00ac\\nmissioners of highways of the town of., in the county of\\ndated the.day of.,18_, stating.\\n.with proof of due service of\\nnotice of this motion, and upon reading the .and after\\nhearing., of counsel for the applicant, and_, of counsel for__\\nopposed, it is hereby ordered that said highway be laid out and opened\\npursuant to section 90 of the highway law-, with ten dollars costs of this\\nmotion.\\nCounty Judge.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0464.jp2"}, "465": {"fulltext": "The Highway Law of New York.\\n411\\nForms.\\nNo. 55.\\nOrder of Appellate Division.\\n(.Highway Law 90.)\\nIn the Appellate Division of the Supreme Court, for the.. .depart\u00c2\u00ac\\nment, held at the court-house in the city of.on the.\\nday of., 18_\\nPresent\u00e2\u0080\u0094Hon.,.,.. Justices of the\\nSupreme Court.\\nIn the Matter of the Application of.. to Lay Out a Highway\\nin the Town of., and the Assessment of Damages\\ntherefor.\\nand., as commissioners of highways of the town\\nof., in the county of., having presented to us the\\norder of the county court of.county, dated the.day of\\n-\u00e2\u0080\u00a2a**\\n18_, that a highway be laid out in said town, passing\\nthrough the orchard of., of the growth of four years or more, pur\u00c2\u00ac\\nsuant to section 90 of the highway law, the said.not consenting\\nthereto, with the certificate and proofs upon which the said order was\\ngranted, duly certified by such court, with proof of due service of notice\\nof this motion, on the said._ and after hearing., of counsel for\\nthe applicant, on the motion, and., of counsel for., opposed, it\\nhereby ordered that the said order of such county court be, and the same\\nis hereby confirmed, with $.costs of this motion.\\nNo. 50.\\nOrder laying Out after Confirmation by Appellate Division.\\n(Highway Laic, 90.)\\nWhereas, _did, on the-day of.. 18-, present to us\\nas commissioners of highways of the town of.. in the county\\nof.. a written application to lay out a highway in said town,\\npassing through an orchard of...., of the growth of four years or more,\\nand such proceedings having been had thereon, pursuant to section 90 of\\nthe highway law, that the county court of said county has ordered said\\nhighway to be laid out and opened, which said order has been duly con\u00c2\u00ac\\nfirmed by a general term of the Supreme Court in the.department,", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0465.jp2"}, "466": {"fulltext": "412\\nThe Highway Law of New York.\\nForms\\nwhich said application, certificates and orders and other papers in said\\nproceedings are duly filed in the office of the town clerk of said town, t\u00c2\u00b0\\nwhich reference is here made.\\nNow, therefore, we, the undersigned commissioners of highways, pur\u00c2\u00ac\\nsuant to section 90 of the highway law, do hereby lay out said highway\\nas so applied for and ordered, whereof a survey has been made as follows:\\nBeginning.and the line of survey is to be the center of\\nthe highway, which is to be_rods in width.\\nDated this_day of.. 18_\\nCommissioners of Highways.\\nNo. 57.\\nNotice of Meeting.\\n(Highway Laic, 94.)\\nTo _ and.\\nNotice is hereby given that the undersigned, who are commissioners of\\nhighways for the town of.,will meet at.in said town,\\non the....day of., 18. at... .o\u00e2\u0080\u0099olock in the.noon,\\nfor the purpose of determining upon the necessity of and arriving at a\\ncommon understanding in relation to the laying out of a new highway\\n(or the altering of a highway) extending from the town (or city or village)\\nof.to the town (or city or village) of., and described\\nas follows\\nDated this_day of., 18....\\nNo. 58.\\nCertificate of Disagreement.\\n(.Highway Law, 94.)\\nCOUNTY COURT\u00e2\u0080\u0094.County.\\nIn the Matter of the Application of. .to Lay Out (or Alter) a\\nHighway Extending from the Town (or City or Village) of\\n.to the Town (or City or Village) of.\\nTo the County Court of County:\\nThe undersigned, commissioners of highways of the town of.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0466.jp2"}, "467": {"fulltext": "413\\nThe Highway Law of Hew York.\\nForms.\\nin the county of., hereby certify that on the .day of.\\n18.----, who is liable to be assessed for highway labor in the\\ntown of., made a written application to us as such commis\u00c2\u00ac\\nsioners to lay out (or alter) a highway extending from the town (or village)\\nof., in the county of., to the town (or city or\\nvillage) of. in the county of. That the highway\\ncommissioners of the said towns (or the said town and the city or village\\nauthorities of the said city or village) cannot agree as to the necessity of\\nsuch highway or the terms upon which the same shall be laid out.\\nCommissioners.\\nNo. 59.\\nOrder Appointing Commissioners.\\n(.Highway Law, 94.)\\nAt a.term of the county court of the county of., held\\nat.in the.in and for said county.\\nPresent\u00e2\u0080\u0094Hon-, county judge.\\nIn the Matter of the Application of-to Lay Out (or Alter) a\\nHighway Extending from the Town (or City or Village) of\\nto the Town (or City or Village) of.\\nOn reading and filing the certificate of.. and-, highway com\u00c2\u00ac\\nmissioners of the town of., and. and...., of the city or\\nvillage of., in the county of., dated the-day of\\n18_, stating and upon reading the.and after\\nhearing...., of counsel for the applicant, and.. of counsel foi.,\\nopposed, it is hereby ordered that....,-, and...., of the town of.\\ncounty of., be, and they are hereby appointed commis\u00c2\u00ac\\nsioners to determine upon the necessity of laying out (or altering) such\\nhighway (or adjust the terms upon which such highway shall be laid out\\n(or altered).\\nCounty Judge.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0467.jp2"}, "468": {"fulltext": "414\\nThe Highway Law of New York.\\nForms.\\nNo. GO.\\nDecision of Commissioners.\\n(Highway Law 94.)\\nThe undersigned, by an order of the county court of.county,\\ndated the.day of.. 18_, having been appointed com\u00c2\u00ac\\nmissioners to certify as to the necessity of laying out (or altering) a high\u00c2\u00ac\\nway extending between the town (city or village) of.and the\\ntown (city or village) of., in the county of.and\\ndescribed as follows.; now, therefore, we, the said commis\u00c2\u00ac\\nsioners, having given due notice of the time and place at which we would\\nmeet, and all having met at., in the town of.. on\\nthe.day of.18-- pursuant to such notice, and having\\ntaken the constitutional oath of office, and on proof of the service of the\\nnotice on the highway commissioners of the town of.. (or of\\nthe town of.and city or village of.) and having\\nviewed the proposed highway (or proposed alteration of a highway) and\\nthe lands through which it is proposed to be laid out (or altered), and\\nhaving heard all the allegations of the commissioners of highways and\\nthe parties interested therein, and the evidence of all the witnesses pro\u00c2\u00ac\\nduced, do thereupon certify that in our opinion it is necessary and proper\\nthat the highway be laid out (or altered) and we have assessed the\\ndamages required to be assessed by reason of laying out (or altering) such\\nhighway as follows:\\nThe damages of.at etc.\\nDated this.day of., 18_\\nCommissioners.\\nNo. 61\\nApplicaton to Lay Out Highway on Town Line.\\n(Highway Law 97.)\\nTo the Commissioners of each of the Towns of and in the County\\nof\\nWe, the undersigned,., an inhabitant of the town of_ .in", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0468.jp2"}, "469": {"fulltext": "The Highway Law of New York.\\n415\\nForms.\\nsaid county, liable to be assessed for highway labor therein, and.,\\nan inhabitant of the town of., said county, and liable to be\\nassessed for highway labor therein, hereby apply to you to lay out a high\u00c2\u00ac\\nway on the line between said towns as follows., and which\\nsaid highway will pass through the lands of.and.\\nDated this.day of.,18-\\nDivision into Districts.\\nIt is hereby ordered that the said highway be divided into (two) districts\\nas follows: That the part thereof from.to.shall be\\none of said highway districts, and shall be allotted to the town of.\\nand the residue of said highway shall be the other of said highway\\ndistricts, and shall be allotted to the town of.\\nDated this.day of.. 18-\\nCommissioners of Highways of the Town of\\nCommissioners of Highways of the Town of\\nJSTo. 62.\\nDescription of Abandoned Highway.\\n{Highway Law, 99.)\\nWe, the undersigned, commissioners of highways of the town of\\nin the county of.. hereby certify that the fol\u00c2\u00ac\\nlowing highway., has been abandoned by the public, and\\nis no longer used as a public highway; and pursuant to section 99 of the\\nhighway law, the same is discontinued.\\nDated this... .day of.. 18....\\nCommissioners of Highways", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0469.jp2"}, "470": {"fulltext": "416\\nThe Highway Law of New York.\\nForms.\\nNo. 63.\\nNotice of Fallen Tree.\\n(.Highway Laic, 103.)\\nTo\\nPlease take notice that a tree has fallen from your inclosed land into the\\nhighway at., and you are hereby required to remove the same\\nwithin two days after the service of this notice.\\nDated this_day of., 18....\\nNo. 64.\\nNotice of Encroachment.\\n{Highway Laic, 105.)\\nTo\\nYou are hereby notified by the undersigned commissioners of highways\\nof the town of.. in the county of., that the high\u00c2\u00ac\\nway in district No.. in said town adjoining the premises owned (or occu\u00c2\u00ac\\npied by you at.have been encroached upon (or obstructed)\\nto the extent of.by.and you are hereby directed\\nto remove the same within sixty days after the service of this notice.\\nDated this... .day of., 18....\\nCommissioners of Highways.\\nNo. 6o.\\nApplication for Private Road.\\n(.Highway Law, 106.)\\nTo the Commissioners of Highways of the Town of County\\nof\\nThe undersigned, who is liable to be assessed for highway labor in your\\ntown, hereby makes application to you to lay out a private road for his", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0470.jp2"}, "471": {"fulltext": "The Highway Law of New York.\\n417\\nForms.\\nuse and benefit as follows:.\\nand said proposed road will run through the land of., occupied\\nby.\\nDated this_day of., 18_\\nJSTo. 66.\\nNotice to Applicant.\\n{Highway Law, 108.)\\nTo Owner, and Occupant:\\nof the town of., in the county of.\\nhaving made written application to us, the undersigned, as commissioners\\nof highways of said town, to lay out a private road for his use and benefit\\nin said town, a copy of which is hereto attached, you are hereby notified\\nthat a jury will be selected at.. in said town, on\\nthe_day of., 18_, at_o\u00e2\u0080\u0099clock in the.noon, for the\\npurpose of determining upon the necessity of such road, and assessing the\\ndamages therefor.\\nDated this_day of.. 18_\\nCommissioners of Highways.\\nNo. 67.\\nAffidavit of Service.\\n{Highway Law, 109.)\\nCOUNTY OF.\\nss.:\\nTown of.\\nbeing duly sworn, says that he served the application and notice\\nhereto attached on.and.. on the.day of., 18....\\nby delivering to and leaving with each of them true copies of the same.\\nSubscribed and sworn to before me,\\nthis.day of.,18- i\\n27\\nNotary Public.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0471.jp2"}, "472": {"fulltext": "418\\nThe Highway Law of New York.\\nForms.\\nJSTo. 68.\\nVenire.\\n(Highway Law 112.)\\nCOUNTY OF\\nTown of...\\nss.:\\nTo\\nYou are hereby summoned and required to appear at the., in\\nsaid town of., on the.day of.. 18...at\\no\u00e2\u0080\u0099clock in the.noon, to form a jury of freeholders to determine as to\\nthe necessity of laying out a private road through the lands of. on\\nthe application of.. and to assess the amount of damages sustained\\nby reason of such opening, if it is determined to open the same.\\nDated this.day of., 18...\\nCommissioners of Highways.\\nJSTo. 69.\\nVerdict of Jury.\\n(Highway Law 114.)\\nCOUNTY OF.\\nss.:\\nTown of.\\nWe, the undersigned, being six disinterested freeholders of the said\\ntown of.having met on the.day of.,18_, at\\nthe house of., in the said town, and having been duly sworn\\nwell and truly to determine as to the necessity of the private road\\ndescribed in the application of.,a copy of which is hereto\\nattached, and having viewed the premises through which it is proposed\\nto be laid out, and having heard the parties and evidence produced, do\\nhereby certify that in our opinion it is necessary and proper to lay out a", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0472.jp2"}, "473": {"fulltext": "The Highway Law of Hew York.\\n419\\nForms.\\nprivate road for the use and benefit of., pursuant to his said\\napplication, and we assess the damages of.at\\nDated this.day of., 18_\\nYo. 70.\\nCertificate of Commissioners.\\n(Highway Law 116.)\\nWhereas, .did present to us as commissioners of highways of the\\ntown of., in the county of., a written application\\nto lay out a private road in said town for his use and benefit, hereinafter\\ndescribed and six disinterested freeholders having convened, after due\\nnotice to the owners and occupants of the lands through which said road\\nis proposed to be laid, and after viewing said lands and hearing the parties\\nand witnesses produced, certified that said road is necessary and proper*\\nand assessed the damages to be caused thereby, which certificate was\\ndated the_day of.. 18-, and duly filed with said applica\u00c2\u00ac\\ntion, in the office of the town clerk of said town and no motion has been\\nmade to the county court to confirm, vacate or modify (or as the case\\nmay be).\\nNow, therefore, we, the undersigned, commissioners of highways of said\\ntown, pursuant to section 116 of the highway law, do hereby lay out said\\nprivate road as so applied for and certified to, whereof a survey has been\\nmade as follows :.and the line of survey is to be the center of\\nthe road, which is to be... .rods in width.\\nDated this ...day of .,18-\\nCommissioners of Highways.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0473.jp2"}, "474": {"fulltext": "420\\nThe Highway Law of New York.\\nForms.\\nJSTo. 71.\\nNotice by Highway Commissioners to those of Another Town.\\n(.Highway Law 135.)\\nTo the commissioners of highways of the town of., in the\\ncounty of., take notice that in pursuance of the proceedings of\\nthe board of supervisors of the county of., as follows\\nyou are required to join with the commissioners of highways of the town\\nof.. in constructing (or repairing) such bridge, at the joint\\nexpense of said towns, and to serve upon us your written consent thereto,\\nwithin twenty days after service of this notice upon j r ou, and that in case\\nof your failure so to do the undersigned commissioners of highways of\\nthe town of., will proceed to construct (or repair) such bridge\\npursuant to law.\\nDated this-day of., 18_\\nCommissioners of Highways of the Town of\\nJo. 72.\\nLaying Out County Highways.\\n(County Law 61.)\\nApplication.\\nTo the Board of Supervisors of the County of\\nWe, the undersigned, being twenty-five resident taxpayers of the county\\nof.. hereby make application, in pursuance of section 61 of\\nthe county law, for the laying out of a county highway of the width of\\ndescribed as follows:.\\nDated this-day of., 18_\\nNotice.\\nTo the Highway Commissioners of the Several Towns in the County of\\nNotice is hereby given that on the... .day of\\n18... .the fore-", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0474.jp2"}, "475": {"fulltext": "The Highway Law of New York.\\n421\\nForms.\\ngoing application will be presented to the board of supervisors of the\\ncounty of.\\nDated this_day of.. 18_\\nSTATE OF NEW YORK\\nfcs.:\\nCounty of.\\nbeing duly sworn, says that he is a resident of.. N.Y.\\nand that he served copies of the petition and notice annexed hereto, per\u00c2\u00ac\\nsonally, on each of the following commissioners of highways at the times\\nand places opposite their names, respectively:\\n.at., N. Y., at_o\u00e2\u0080\u0099clock in the.noon.\\n.at. N. Y., at_o clock in the.noon.\\nSubscribed and sworn to before me,\\nthis_day of.. 18-\\nNotary Public.\\nResolution by Supervisors.\\nAt a meeting of the board of supervisors of the county of..\\nheld at.on the -day of 18....\\nWhereas, application has been made for the laying out (altering or dis\u00c2\u00ac\\ncontinuing) of a highway in said county, and whereas satisfactory proof\\nhas been made to us of the service of a copy of such application, together\\nwith a notice of intention to make the same, upon a commissioner of\\nhighways of each town in said county.\\nResolved That a highway of the width of .be laid out in accord\u00c2\u00ac\\nance with such application, as follows:\\nChairman.\\nCleric.\\nAdopted.\\nAyes....\\nNoes....", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0475.jp2"}, "476": {"fulltext": "", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0476.jp2"}, "477": {"fulltext": "The Highway Law of New York.\\n423\\nIndex.\\nINDEX.\\nA.\\nABANDONMENT:\\nof highway, what constitutes. 09.\\nABATEMENT:\\nsee, Tax.\\nACCOUNTS;\\nhow made out, 16.\\nACTION:\\nagainst overseer to collect pen alt v, 32.\\nby town against commissioners, 26.\\nfor injuries to highway, 19.\\nADJOURNMENT:\\nof proceedings to lay out highway, 131.\\nALBANY COUNTY:\\nbicycle paths in, 362.\\nAPPEALS\\nby owner of non-resident lands from assessment, 41.\\nby towns jointly liable to build bridge, i43.\\nfrom decisions laying out, c., highway, 83.\\nAPPENDIX\\nGeneral Laws, 171.\\nMiscellaneous Laws, 278,\\nASSESSMENT\\nsee. Labor on Highways, Tax.\\nBENEFITS:\\nassessment of, 81.\\nB.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0477.jp2"}, "478": {"fulltext": "424\\nThe Highway Law of Hew Yoek.\\nIndex.\\nBICYCLE:\\nas a carriage, 153.\\nentitled to free use of highway, 154.\\ninjuries to bicycle paths, 154, 155.\\npaths in Albany county, 362.\\nin Cattaraugus county, 349.\\nin Columbia county, 367.\\nin Monroe county, 351.\\nSide path commissioner, 368a.\\nordinances regulating use of, 363g.\\nBONDS\\nissue of, by county, 52.\\nproceeds of county bonds, 53.\\nBRIDGE:\\nd itional tax for, 13, 206.\\nbetween cities and towns, 326.\\nbreaking of, when town not liable for, 147.\\ncare of, generally, 3.\\ncorporations, 238.\\nconstruction of bridges by, 238, 243.\\ncertificate of completion of bridge, 244.\\nerection of gates by, 244.\\nrates of toll by, 244.\\ntoll gathers, 246.\\npenalty for running gate, 246.\\nlocation and change of gates, 246.\\noffice of corporation, 251.\\nconsol dation of colorations, 251,\\nbridge liable to taxation, 253.\\npenalty for fast driving over, 255.\\nacts of directors prohibited, 255.\\nactions for penalties, 255.\\nproof of incorporation, 255.\\nwhen stockholders to be directors, 256.\\ndissolution of corporation, 256.\\nextension of corporate existence, 258.\\ncounty aid in construction of, 132, 135.\\nsupervisors to levy tax, 136.\\nexpense of budding or repairing, 132.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0478.jp2"}, "479": {"fulltext": "The Highway Law of New Yoke.\\n420\\nIndex.\\nBRIDGE\\nstatement of, 136.\\nextraordinary repairs of, 14.\\nauditing expense of, 15.\\niron bridge, erection of, 143.\\njoint liabilities of towns as to, 136.\\nrefusal to repair. 138, 142.\\nproceedings in court, 139.\\ncommissioners to institute proceedings, 140.\\ndutv of commissioners, 140.\\nreport of commissioners, 141.\\nappeals from decision of court, 141.\\npower of court on appeal, 141.\\npenalty for fast driving on, 143, 255.\\nnotice of, 143, 255.\\nrepair of, generally, 4.\\ntoll-bridge, when unsafe, 17.\\nsee, Canal, River, Village.\\nCANAL:\\nC.\\nas highway, 103.\\nbridges built by municipal corporations, 269.\\nlift-bridge, c., built by city, 270.\\ncommutation for bridges, 266.\\nfarm and road bridges over, 265.\\nrestriction upon construction of, 268.\\niron bridges, 267.\\nmodels and location of bridges, 268.\\npenalty for fast driving over bridge, 270.\\nprivate road in lieu of bridge, 267.\\nCARRIAGE\\ndefinition of term, 153.\\nfree use of highway by, 154.\\nowners of, liable for acts of drivers, 153.\\nsee, Law of the Road.,\\nCATTARAUGUS COUNTY:\\nbicycle paths in, 349.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0479.jp2"}, "480": {"fulltext": "426\\nThe Highway Law of New York.\\nIndex.\\nCERTIORARI:\\nto review assessment in laying out road, 85-87.\\nCOLUMBIA COUNTY\\nbicycle paths in, 367.\\nCOMMISSIONERS OF HIGHWAYS:\\nactions against, by town, 26,\\nactions by, for injuries to highway, 18.\\nadditional tax, how raised by, 13.\\naltering highway, 64-131.\\nas fence viewers, 3, 206.\\nas inspectors of turnpikes, 248.\\nassessment for unperformed labor, 59.\\nassessment of highway labor by, 37.\\nassignments to highway districts by, 6.\\nas water commissioners, 4.\\nbridges, duty as to, 182-143.\\ncare of sewers, drains and culverts by, 4.\\ncertificate to accounts, 16.\\ncollection of penalties against overseer by, 32, 59.\\ncompensation of, 214.\\nconsent of, to pipes in highway. 18.\\nconsent of, to railroad crossing highway. 279.\\ncontracts of, to be filed, 321.\\ndescribing and recording highways by, 4.\\ndiscontinuing highway. 64-131.\\ndivision of town into highway districts by, 4.\\nduties of in commissioner districts, 34.\\nelection of, 3, 205, 342.\\nexpenditure of moneys by, 7.\\nextraordinary repairs by, 14.\\nexpense thereof, 15.\\nfences removed by, 113.\\nfires in woods, duties as to, 211.\\ngeneral powers of, 3.\\nguide-boards erected by, 9.\\nholding over, 3.\\nin Kings county, 215.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0480.jp2"}, "481": {"fulltext": "The Highway Law of New York.\\n427\\nIndex.\\nCOMMISSIONERS OF HIGHWAYS\\nlaying out highway, 64-131.\\nlists of inhabitants delivered to, 36.\\nmeetings of, for assessment, 36.\\nmile-stones erected by, 9.\\nnon-resident lands, to make list of, 36.\\noath of office of, 3.\\noverseers to be appointed by, 6\\npowers as to state roads, 278.\\npowers of one commissioner, 3.\\nprivate roads, duties as to, 124-131.\\nprotection of highways against streams, 8.\\nremoval from office, 3.\\nrepair of highways and bridges by, 4.\\nreports of, 28.\\nresignation of, 3, 210.\\nroad machines and implements purchased by, 10.\\nsidewalks, may authorize laying of, 44.\\nstone crushers purchased by, 12.\\ncustody of, 13.\\nterm of office of, 3, 205.\\nto deliver books to successor, 211.\\nto render account to town board, 212.\\nto require overseers to give warning, 7.\\ntreasurer of, 2.\\nundertaking of, 2.\\ntrees, may authorize planting of, 44.\\nundertaking of, 3, 209, 210.\\nunsafe toll-bridge, duties as to, 17.\\nvacancy in office of, 3, 210.\\nCOMMUTATION:\\nmoney to be collected by overseers, 29, 55.\\nrate of, 55.\\nCONSTITUTION:\\nprovision as to highways, 171.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0481.jp2"}, "482": {"fulltext": "428\\nThe Highway Law of New York.\\nIndex.\\nCORPORATION:\\nassessment of, for highway labor, 37, 38.\\nassignment of, to highway district, 6.\\ncommutation by, 38, 55.\\nday\u00e2\u0080\u0099s labor by, what it consists of, 57.\\nmay furnish substitute, 57.\\nnotice to work to be given to, 54.\\npenalty for neglect to work or commute, 57\\nsee. Bridge, Turnpike.\\nCOSTS:\\nof assessment of damages on laying out road, 92.\\nauditing of, 92.\\nof motions, in proceedings under Highway Law, 145\\nCOUNTY:\\naid in construction and repair of bridges, 132, 135.\\nsupervisors to levy tax, 136.\\ncounty road system, adoption of, 50.\\nexpenses of how paid, 51.\\nissue of bonds, 52.\\njurisdiction of roads, in whom, 52.\\nproceeds of bonds, 53.\\nengineer, 51.\\nto have charge of county roads, 52.\\ngeneral duties as to roads and bridges, 193-204.\\nsupervisors to collect arrearages of labor, c., 59.\\nto have charge of county roads, 52.\\nCOUNTY ROAD:\\nsee, County.\\nCROSSINGS:\\nsee, Highway, Law of the Road, Railroad.\\nCUL DE SAC\\nas highway, 102.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0482.jp2"}, "483": {"fulltext": "The Highway Law of Hew York.\\n429\\nIndex.\\nD.\\nDAMAGES:\\naudit of, without action, 27.\\nfor laying out highway, 68, 78, 81.\\nauditing of, 92.\\nreview of, 85.\\nfor laying out private road, 128.\\nDEDICATION:\\nand acceptance, 66.\\nof highways, 65.\\nof streets in villages, 220.\\nDEFINITION:\\nof highway, 101.\\nDISTRICT:\\nsee, Labor on Highway, Town.\\nDRIFTWAY:\\nas highway, 102.\\nE.\\nELECTION:\\nof highway commissioners, 3.\\nELECTRIC LIGHT:\\nright of line in highway, 111.\\nELEVATED RAILROAD:\\nsee, Railroad.\\nENCROACHMENT:\\nsee, Highway.\\nENGINEER:\\ncounty engineer, 51.\\nto have charge of county roads, 52.\\nEXTRA VIAM:\\nright to pass over lands adjacent to highway, 112.\\nF.\\nFEE:\\nsee, Highway.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0483.jp2"}, "484": {"fulltext": "430\\nThe Highway Law of New York.\\nIndex.\\nFENCE:\\nabatement of tax for removal of, 62.\\nremoval of by commissioners, 113\\nwire fences may be erected by town, 289.\\nFENCE VIEWERS:\\nhighway commissioners as, 3, 206.\\nFERRY:\\nappendages for rope ferries, 160.\\nas highway, 102.\\nleasing right of passage, 160.\\nlicenses for running, 157.\\nundertaking on application for, 160.\\nschedule of rates to be posted, 161.\\npenalty for failure to post, 161.\\nuse of highway by ferry corporation, 111.\\nFINES:\\nto be collected by overseers, 29.\\nFORMS:\\nabandoned highway, description of, 415.\\naccounts for services and materials, 378.\\naltering, discontinuing, laying out highway:\\nlaying out on dedication, 396.\\nlaying out on release of damages, 397\\napplication to lay out, 399.\\napplication to alter, 399.\\napplication to discontinue, 400.\\napplication for commissioners, 400.\\nappointment of commissioners, 401.\\nsubpoena and oath, 402.\\nnotice of meeting of commissioners, 402.\\ndecision favoring application, 403.\\ndecision denying application, 403.\\nnotice of motion to confirm, 405.\\norder of confirmation, 406.\\norder laying out after confirmation, 406.\\nnotice of motion to vacate or modify, 407.\\norder vacating or modifying, 408.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0484.jp2"}, "485": {"fulltext": "The Highway Law of New York.\\n431\\nIndex.\\nFORMS\\nappeal by non-resident, 386.\\napplication to lay water-pipes in highway, 380.\\nappointment of commissioner to fill vacancy, 371.\\nappointment of overseers, 375.\\nclaim for damages against town, 381.\\ncomplaint about unsafe toll-bridge, 379.\\nconsent of town board to repair of highway, c., 376.\\ncounty highway, laying out, 420.\\ndisagreement of officers of different towns:\\nnotice of meeting, 412.\\ncertificate of disagreement, 412.\\norder appointing commissioners, 413.\\ndecision of commissioners, 414.\\ndivision of town into highway districts, 375.\\nhighway on town line, application to lay out, 414\\nlaying out of highway through improved lands:\\nconsent of owner, 408.\\norder laying out, after consent, 409.\\ncertificate of commissioners to county court, 409.\\norder of county court, 410.\\norder of appellate division, 411.\\norder laying out after confirmation by appellate division, 411.\\nlist of inhabitants, 383.\\nlist of non-resident lands, 384.\\nlist of unperformed labor, 391.\\nnew assessment by overseers, 387.\\nnotice by commissioners to those of another town, 420.\\nnotice of encroachment, 416.\\nnotice of fallen tree, 416.\\nnotice to corporation of assessment, 390.\\nnotice to non-residents of assessment, 391.\\nnotice to overseers of appointment, 376.\\nnotice to owners of unsafe toll-bridge, 379.\\nnotice to remove obstructions, 383.\\norder authorizing planting of shade trees, 387.\\npermission to lay water-pipes in highway, 380.\\nprivate road:", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0485.jp2"}, "486": {"fulltext": "432\\nThe Highway Law of New York.\\nIndex.\\nFORMS:\\napplication for, 416.\\nnotice to applicant, 417.\\naffidavit of service of notice, 417.\\nvenire, 418.\\nverdict of jury, 418.\\ncertificate of commissioners, 419.\\nreport of highway commissioners, 382.\\nrequest by commissioners to convene town board, 377.\\nresignation of highway commissioner, 371.\\nreturn of overseer, 392.\\nroad warrant, 384.\\nsidewalks, order authorizing construction of, 387.\\napplication to anticipate tax for, 388\\ncertificate of anticipation, 389.\\nsystem of taxation, request to change, 390.\\nundertaking of highway commissioner, 372.\\nof treasurer, 374.\\nweeds, notice to remove, 394.\\nreport of overseer as to, 394.\\ncertificate of commissioners, 395.\\nGOOD ROADS:\\nan act providing for, 3.54.\\nGUIDE-BOARDS:\\nerection of, by highway commissioners, 9.\\nby turnpike corporations, 250.\\nH.\\nHIGHWAYS\\nabandonment of, 99.\\nadditional tax for improvement of, 13, 206.\\naltering, laying out, discontinuing, 64-131.\\napplication for, 73.\\napplication for commissioners, 73.\\nappointment of commissioners, 75.\\nduties of commissioners, 75.\\nnotice of meeting of commissioners, 77.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0486.jp2"}, "487": {"fulltext": "The Highway Law of New York.\\n433\\nIndex.\\nHIGHWAYS:\\ndecision of commissioners, 78, 83.\\nassessment of damages, 78, 81.\\nassessment of benefits, 81.\\nmotion to confirm, c., decision, 83.\\ncertiorari to review assessment, 85-87.\\nlimitations upon laying out, 87.\\nlaying out through improved grounds, 87\\nlaying out through burying grounds, 91.\\ncosts of assessment, 92.\\ndamages assessed and collected, 93.\\nauditing of damages and costs, 92.\\ndisagreement of officers of different towns, 94, 95.\\nhighway in two or more towns, 97.\\nhighway upon town line, 97.\\nfinal determination, how carried out, 99.\\nalteration for canal purposes, 265.\\nanimals straying on, proceedings, 174.\\nappropriation of money for, by special town meeting, 208.\\nby use, 101, 104.\\ncare of, generally, 3, 29.\\ncertain license moneys to be devoted to, 291.\\ncompensation for laying out, c., 68.\\ncrossed by pipe line, 235.\\ncrossed by railroad, 271.\\ncrossing railroad, 91, 279.\\ndamages for discontinuing, 325.\\ndedication of, 65.\\ndefinition of, 101.\\ncanal as, 103.\\ncul de sac as, 102.\\ndriftway as, 102.\\nferry as, 102.\\nparticular cases, 104.\\npier as, 102.\\nrailroad as 103.\\nriver as, 103.\\n28", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0487.jp2"}, "488": {"fulltext": "434\\nThe Highway Law of New York.\\nIndex.\\nHIGHWAYS\\nshore as, 102.\\nstreet as, .102.\\nturnpike as, 103.\\nway by necessity, 104.\\ndescription of, 4.\\ndistricts, 5.\\ndrainage, sewer and water pipes in. 13.\\nencroachment on, penalty for, 114.\\nexemption of national guard from toll, 113, 245.\\nextraordinary repairs of, 14.\\nexpense thereof, 15.\\nfree use of by all vehicles, 154.\\nguide-boards erected on, 9.\\ninjuries to, action for, 19.\\ndamages for, 145.\\npenalties for, 146, 147.\\nlaid out along division lines, 131.\\nleaving horses without being tied, 152.\\nliability of towns for defects in, 20.\\nmacadamizing, 317, 320.\\nmachines and implements for work on, 10.\\nmile-stones erected on, 9.\\nmonuments to be erected as boundaries, 29.\\nnoxious weeds to be cut down, 29.\\nobstructed, to be opened by overseers, 30.\\nobstructing, penalty for, 114.\\noverseers, duties of in relation to, 29.\\nrecording of, 5.\\nremoval of obstructions and encroachments, 118.\\nrepairing road on line between city and town, 283.\\nrepair of, generally, 4, 29.\\nsteam engines passing on, 147.\\nstone and rubbish not to be dumped on, 156.\\nstone-crushers and materials for, 12.\\nexpense of, 317.\\nstone in, to be removed, 29.\\nsurvey of, 71.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0488.jp2"}, "489": {"fulltext": "The Highway Law of New York.\\n435\\nIndex.\\nHIGHWAYS:\\nuses of, 105.\\nby electric light company, 111\\nby elevated railroads, 109.\\nby ferry corporation, 111.\\nby national guard, 113.\\nby steam railroads, 108.\\nby street railroads, 110.\\nby telegraph line, 110.\\nby telephone line, 110.\\nby turnpike corporations, 111.\\nextra viam, 112.\\nfor floating logs and timber, 260.\\nlaying of pipes, 111.\\nmiscellaneous rights and uses, 112.\\nownership of the fee, 105-108.\\npenal code provisions as to, 112.\\nwidening of, 311, 328.\\nsee, Good Roads, Indians, Labor on Highways, Law of the\\nRoad, Railroad, State Roads, Village.\\nHIGHWAY COMMISSIONER:\\nsee, Commissioner of Highways.\\nHIGHWAY LAW:\\nconstruction of, 164.\\nlaws repealed by, 163, 165.\\npublication of, 314.\\nsaving clause, 163.\\ntitle, short, of act, 2.\\nwhen to take effect, 164.\\n1\\nL\\nIMPLEMENTS\\npurchase of, for work on highways, 10.\\nto be furnished by those assessed for highway febor, 55.\\nINDIANS:\\nhighways on tribal lands, 275j\\nhighway labor by, 276.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0489.jp2"}, "490": {"fulltext": "Tiie Highway Law of New York.\\n436\\nIndex.\\nINJURY:\\naction for injury to highway, ID.\\nto highway, damages for, 145.\\npenalties for, 146, 147.\\nINTEMPERATE DRIVERS\\nnot to be engaged, 151.\\nwhen to be discharged, 152.\\nK.\\nKINGS COUNTY\\ncommissioners of highways in, 215-217.\\nimprovement of highways in, 305.\\nL.\\nLABOR ON HIGHWAYS\\nabatement of tax for shade trees, 45.\\nfor watering trough, 47.\\nfor removal of fence, 62.\\nfor street lamps, 62.\\nfor using wide wagon tires, 63.\\namount of assessment, 37.\\nanticipation of tax for sidewalks, 46.\\ncertificate of, 46.\\ntransfer of certificate, 47.\\nappeals by non-residents, 41.\\nassessment for unperformed labor, 58.\\nlist of unperformed labor, 58.\\ncollection of arrearages by supervisors, 59.\\nassessment list delivered to overseers, 40.\\nnames omitted therefrom, 41.\\nassessment of, how made, 37.\\nassessment when village within town, 284.\\nassignment to highway districts, 6.\\nby Indians, 276.\\ncommutation of, 55.\\ncredit on private roads, 42.\\nday\u00e2\u0080\u0099s labor, what it consists of, 51\\ndivision of town into districts, 5.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0490.jp2"}, "491": {"fulltext": "The Highway Law of New York.\\n437\\nIndex.\\nLABOR ON HIGHWAYS:\\nexemption from, 37.\\nofficers of State Assylum for Idiots, 281.\\nmay be applied to a certain highway, 38.\\nmeetings of commissioners for assessment, 36\\nnew assessments by overseers, 43.\\nnotice to work, 54.\\nto non-residents, 55.\\noccupant assessed instead of owner, 42.\\nomissions of assessors corrected, 43.\\n\u00c2\u00a9mission to work, may be excused by overseer, 58.\\noverseers to give warning, 7.\\npenalties for neglect to work or commute, 57.\\nperformance of, 54.\\nreassessment in case of neglect, 43.\\nstate prison convicts, employment of, 315, 361.\\nsubstitutes for, 57.\\nteams and implements for, 56.\\ntenant to deduct assessment, 42\\nupon line of turnpike, 258.\\nsee, Tax.\\nLABOR SYSTEM:\\nsee, System of Taxation.\\nLAMPS:\\nabatement of tax for, 62.\\nlamp districts in town, 322.\\nLAW OF THE ROAD:\\ncarriages to turn to the right, 149, 151.\\ncoossing of highway, 149-151, 271.\\nright of way, 149, 151.\\nL75D:\\nin overseer\u00e2\u0080\u0099s return, 60.\\nof inhabitants liable to labor, 36.\\nof unperformed labor, 58.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0491.jp2"}, "492": {"fulltext": "438\\nThe Highway Law of New York.\\nIndex.\\nM.\\nMACHINES:\\npurchase of, for roads, 10.\\nMILE-STONES:\\nerection of, by highway commissioners, 9.\\nby turnpike corporations, 250.\\nMILITIA:\\nsee, National Guard.\\nMONEY SYSTEM:\\nsee, System of Taxation.\\nMONROE COUNTY:\\nbicycle paths in, 351.\\nMONUMENTS:\\nerection of, as highway boundaries, 29.\\nNT.\\nNATIONAL GUARD:\\nexemption of, from toll, 113.\\nNEWBURGH AND COCHETON ROAD*\\nmay be surrendered, 353.\\nNON-RESIDENT LANDS:\\nappeal from assessment by owner of, 41,\\nlist of, made by commissioners, 36.\\nnotice to work to owners of, 55,\\nO,\\nOATH:\\nof highway commmissioner, 3.\\nof overseer of highway, 30.\\nof office generally, 172, 208.\\ntown officer may administer, 209.\\nOBSTRUCTION:\\nsee, Highway.\\nOCCUPANT:\\nsee. Labor on Highways.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0492.jp2"}, "493": {"fulltext": "The Highway Law of New York.\\n489\\nIndex.\\nOFFICER:\\nfailure of, to act, 145.\\noath of, 172, 208.\\nORDINANCES:\\nregulating use of bicycles, 368g\u00e2\u0080\u009e\\nOVERSEERS OF HIGHWAYS\\nabatement of tax to be allowed by, 45, 47, 62. 63.\\nanticipation of sidewalk tax, certificate of by, 46.\\nappointment of, 6.\\nassessment list delivered to, 40.\\ncollection of fines by, 29, 55.\\nof commutation money by, 29, 55.\\ncompensation of, 33,\\nduties of, generally, 29, 54.\\nmay acquire gravel for highways, 301.\\nmay excuse omission to perform labor, 54.\\nmonuments to be erected by, 29.\\nnew awaeaisiaents by, 43.\\nnotice to non-residents, 55.\\nnotice to work given by, 54.\\nnoxious weeds to be cut by, 29.\\noath of, 30.\\nopening of obstructed highways by, 30.\\npenalties against, 81.\\ncollection of, 83.\\nrefusal to serve as, 7, 209.\\nrequired to warn those liable to work, 7, 29.\\nresignation of, 210.\\nreturn of, 60.\\nstones to be removed by, 39.\\nto add names omitted from assessment list, 41*\\nto deliver lists of inhabitants, 36.\\nto give notice to remove weeds, 61.\\nto make list of unperformed labor, 59.\\npenalty for failure to make list, 59.\\nto make requisition for teams and implements, 56.\\nto recover penalty for neglect to work, 62.\\nunderbaking of, 30, 210.\\nvacancy m office of, T 210.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0493.jp2"}, "494": {"fulltext": "440\\nThe Highway Law of Hew York.\\nIndex.\\nP.\\nPAPERS\\nwhere to be filed, 144.\\nPENALTY\\nagainst overseer, 31, 59.\\ncollection of, 32, 59.\\nfor failiing to post ferry schedule, 161.\\nfor falling trees, 114.\\nfor fast driving on bridge, 143, 255, 270.\\nfor neglect to work or commute, 57.\\nrecovery of, 57.\\nfor obstructing or encroaching on highway, 112, 114.\\nfor running horses on highway, 113.\\nfor running toll-gate, 246.\\nfor unlawfully exacting toll, 113.\\nrecovery of, generally, 155.\\nPIER:\\nas highway, 102.\\nPIPES:\\ncrossing highway, 235.\\ndrainage, sewer and water, in highway, 18.\\nfor heating purposes, 285.\\nin highway outside of village, 218.\\nthe right to lay, 111.\\nPLANK-ROAD\\nsee, Turnpike.\\nPRIVATE ROADS\\ncredit on assessment for working, 42.\\nfor what purpose to be used, 130.\\nproceedings to lay out, 124-131.\\nR.\\nRAILROAD\\nas highway, 103.\\ncorporation may lay tracks on highway, 272.\\nduties of, on highway, 147.\\nflagmen at crossing, 273.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0494.jp2"}, "495": {"fulltext": "The Highway Law of New York.\\n441\\nIndex.\\nRAILROAD:\\nhighway crossing railroad, 91, 279.\\nintersection of highways by, 271.\\nconsent of commissioners to, 279.\\nrights of, in highway, 108, 109, 110.\\nsign boards at crossing, 273.\\nstreet railroad crossing steam railroad, 303.\\nREAL PROPERTY\\nhow assessed, for highway labor, 37, 39\\nREPORT:\\nof highway commissioners, 28.\\nof overseers, 60.\\nRICHMOND COUNTY:\\nimprovement of roads in, 293.\\nRIGHT OF WAY:\\nsee, Law of the Road.\\nRIVERS:\\napplication of Navigation Law to which, 283.\\nas public highway, 103, 260.\\nbooms to be opened on notice, 260.\\npenalty for failure, 261.\\ndams and bridges on, how built, 260.\\nmarks on logs to be recorded, 262.\\npassage of logs regulated, 344.\\npersons prohibited from landing logs, 263.\\nshutes and aprons for dams, 261.\\nundertaking of person floating logs, 263.\\nROAD MACHINES:\\npurchase of, 10.\\na\\nSHADE TREES;\\nsee, Treeauj\\njSHtlitfe\\nus wa 7 103.\\nSIDE-PATHS:\\ncommissioners to construct, 368a.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0495.jp2"}, "496": {"fulltext": "442\\nThe Highway Law of New York.\\nIndex.\\nSIDEWALKS:\\nanticipation of labor tax on, 46.\\ncertificate of, 46.\\ntransfer of certificate, 47.\\ncommissioners may authorize laying of, 44-\\ndriving vehicles on. 154.\\nin villages, 229, 230.\\nobstruction of, 117.\\nSTATE ROADS:\\nattention of, 278.\\nNew York and Albany post road, 324.\\nSTEAM ENGINES:\\npassage of, over highways, 147.\\nSTONE:\\nto be removed by overseers, 29.\\nnot to be dumped on highway, 156.\\nSTONE CRUSHERS:\\ncustody of, 13.\\nexpense of, 317.\\nmaterials for, 13.\\npurchase of, 12.\\nSTRAYS:\\nupon highways, provisions as to, 174,\\nSTREET:\\nas highway, 102.\\nSTREET LAMPS:\\nsee, Lamps.\\nSTREET RAILROAD:\\nsee, Railroad.\\nSUPERVISORS:\\nsee, County.\\nSURVEY:\\nwhen highway laid oat, 71.", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0496.jp2"}, "497": {"fulltext": "The Highway Law of New York.\\n443\\nIndex.\\nSYSTEM OF TAXATION\\nlabor system, defined, 48.\\nmoney system, defined, 48.\\ntown may change system, 48.\\nvote thereon, 48.\\nwhen change to take effect, 48.\\nannual tax under money system, 49.\\nvillages exempt therefrom, 49.\\ncounty road system, adoption of, 50.\\nexpenses of, how paid, 51.\\nissue of bonds, 52.\\njurisdiction of county roads, in whom, 52.\\nproceeds of county bonds, 53.\\nabatement of, for shade trees, 45.\\nfor removal of fence, 62.\\ntar street lamps, 62.\\nfor watering trough, 47.\\nsum allowed a town charge, 214. j\\nadditional, for highway improvement, 13, 206, 289.\\nannual, under money system, 49.\\nvillages exempt therefrom, 49.\\nanticipation of, for sidewalks, 46.\\ncertificate of, 46.\\ntransfer of certificate, 47.\\nfor street purposes in villages, 233.\\nrebate of, on account of wagon tires, 63.\\nsee, Labor on Highways, System of Taxation.\\nTEAMS:\\nfurnished by those liable to highway labor, 56,\\nTELEGRAPH:\\n\u00e2\u0080\u00a2v\\nright of line in highway, 110.\\nTELEPHONE\\nright of line in highway, 110.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0497.jp2"}, "498": {"fulltext": "444\\nThe Highway Law of Hew York.\\nIndex.\\nTENANT:\\nsee, Labor in Highway.\\nTIRES:\\nsee, Wagon.\\nTITLE\\nshort, of this act, 2.\\nTOLL:\\nabatement of, for watering trough, 281.\\nexemption of National Guard from, 113, 245.\\ngatherers, 48.\\npenalty for ruiming toll-gate, 246.\\nrates of, for turnpikes and bridges, 245.\\nTOLL-BRIDGE:\\nsee, Bridges.\\nTOWN:\\naction by, against commissioners. 28.\\ndivision of, into highway districts, 5.\\ninto commissioner districts, 33.\\nfire companies in, 212.\\nlamp districts in, 322.\\nliability of, for defects in highway, 20.\\nmay borrow money for highway purposes, 214.\\nofficers in Kings county, 215.\\nsupervisor not to receive highway moneys, 210.\\nw r ho to vote at town meetings, 207.\\nwire fences may be erected by, 280.\\nsee, Bridges, System of Taxation.\\nTOWN BOARD\\naudit of damages without action, 27.\\naudit of expenses for laying out highway, 03.\\nconsent to extraordinary repairs, 14.\\nauditing expense of, 15.\\ndividing town into commissioner districts. 33L", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0498.jp2"}, "499": {"fulltext": "Tiie Highway Law of New York.\\n445\\nIndex.\\nTREASURER:\\nof highway commissioners, 2.\\nundertaking of, 2.\\nTREES:\\nabatement of tax for planting, 45.\\ncommissioners may authorize planting, 44.\\npenalty for falling, 114.\\nprevention of mutilation of, 286.\\nremoval of fallen, 114.\\nto whom they belong, 148.\\ntrimming of, in villages, 232.\\nTURNPIKE (or Plank-road):\\nas highway, 103.\\nthe use of highways for, 111.\\nacquisition of, by county, 346.\\ncorporations, 238.\\nuse of highway by, 238-243.\\ncertificate of completion of road by, 244.\\nerection of toll-gates by, 244.\\nrates of toll, 245.\\ntoll gatherers, 246.\\npenalty for running gate, 246.\\nlocation and change of gates, 246.\\ncommissioners of highways as inspectors, 248.\\nchange of route by, 250.\\nmile-stones to be erected by, 250.\\nguide-posts to be erected by, 250.\\nhoist-gate not to be erected by, 250.\\noffice of corporation, 251.\\nconsolidation of corporations, 251.\\nsurrender of road, 252, 257.\\nexemption of road from taxation, 253.\\nharuling logs over road, 254.\\nencroachment of fences, 254.\\nacts of directors prohibited, 255.\\nactions for penalties, 2-15.\\nproof of incorporation, 255.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0499.jp2"}, "500": {"fulltext": "446\\nThe Highway Law of New York.\\nIndex.\\nTURNPIKE (or Plankroad):\\nwhen stockholders to be directors, 256.\\ndissolution of corporation, 256.\\nhighway labor upon line of turnpike, 258.\\nextension of corporate existence, 258.\\nabatement of toll for watering trough, 281.\\nboard of supervisors many acquire, 368e.\\nUNDERTAKING:\\nof treasurer of highway commissioners, 2.\\nof highway commissioners, 3.\\nof ferry corporation or owner, 160,\\nUSE:\\nhighway by, 101, 104.\\nUSES OF HIGHWAY:\\nsee, Highway.\\nVEHICLES\\nto turn to the right, 147.\\nsee, Law of the Road.\\nVILLAGE\\nexempt from tax under money system, 49.\\nwater pipes in highway outside of, 218.\\nas separate highway district, 219.\\ncare of bridges by, 219, 220.\\ndedication of slreets, 220.\\nstreet improvement in, 221-227. 287.\\nchanging grade of street or bridge, 228, 283.\\nstreets on boundary lines, 2^9.\\ncrosswalks in, 229.\\nsidewalks in, 229, 230.\\ncleaning streets in, 231.\\nsprinkling streets in, 231.\\npavements in, how laid, 231.\\ntrimming trees in, 232.\\nlocal assessments for streets, c., 233.\\nacquisition of land by, for parks, c., 233.\\npipes in, for heating purposes, 285", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0500.jp2"}, "501": {"fulltext": "The Highway Law of New York.\\n44\\nIndex.\\nW\\nWAGON:\\nrebate of tax for using wide tires, 63.\\nWATER COMMISSIONERS:\\nhighway commissioners as, 4.\\nWATERING TROUGH\\nabatement of tax for, 47.\\nsum allowed a charge upon town, 214*.\\nabatement of toll for, on turnpike, 281.\\nWAY:\\nby necessity, 104.\\nWEEDS:\\ncutting of, by overseers, 29.\\ndestruction oi, by owner or occupant, 61.\\nnotice to renew, 01.\\ntown meefings-to make, provisions as to, 206.", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0501.jp2"}, "502": {"fulltext": "r\\ntv\\nr-\\nH Z 7 i\\n0^4\\n(P", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0502.jp2"}, "503": {"fulltext": "", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0503.jp2"}, "504": {"fulltext": "", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0504.jp2"}, "505": {"fulltext": "", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0505.jp2"}, "506": {"fulltext": "", "height": "4329", "width": "2447", "jp2-path": "highwaylawofnewy00gree_0_0506.jp2"}, "507": {"fulltext": "", "height": "4345", "width": "2455", "jp2-path": "highwaylawofnewy00gree_0_0507.jp2"}, "508": {"fulltext": "", "height": 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