Transportation
Library
L A -  S
RELATING TO.
II. C, fi: A Y S, IJO IJ IW AI  S, FI  1 R D1 1F   1 ES,
PLTANT  AND'URN PIlKE BOA1)S,
PASSED BY THE
Froml Jainmry 1, 1861, to the Close of the Session of 1869.
ALBANY:
THE ARGUS COMPANY, PRINTERS.
1869.












NOTICE.
A copy of this pamphlet will be furnished to each County
Clerk, Town Clerk, Clerk of the Board of Supervisors, and
Commissioner of Highways in the several towns in the
State, in their official capacity. It will therefore belong to
THEIR RESPECTIVE OFFICES, AND MIUST BE HANDED OVER
TO T'SIIIR SUCCESSORS,




Tz A W S
LAWS
RELATING TO
HIGHWAYS, BRIDGES, FERRIES,
PLANIK AND TURNPIKE ROADS,
PASSED BY THE
From January 1, 1861, to the Close of the Session of 1869.
ALBANY:
THE ARGUS COMPANY, PRINTERS.
1869.








Office of the Secretary of State,
ALBANY, N. Y., iay 25, 1869.
To Higqhway Officers:
GENTLEMEN-An edition of the laws of the State of New York
relating to highways, bridges and ferries, also, plank and turnpike
roads, was prepared for the use of comminssioners of highways
under the direction of the Secretary of State, in 1860, which
contains chapter sixteen of the first part of the Revised Statutes,
and subsequent amendatory legislation up to the close of the
session of the Legislature of 1860.
The supply of this edition is now nearly exhausted, and less than
fifty copies remain in this office, to supply nlew towns, or those
destroyed by fire or accident. Since 1860, the laws relating to
highways, bridges, ferries, plank and turnpike roads, and the
duties of the commissioners and overseers of highways, have beenamended at nearly every session of the Legislature.
Many of these amendments are of great importance, as, for
instance, the acts relating to the running at large and herding
or pasturing of animals in highways, the act increasing the rate of
commutation for highway labor, that providing for the appointment
of overseers of highways and the general drainage act.
In the edition of Highway Laws of 1860, the important titles
and articles of the Revised Statutes, relating to strays, division
fences (amended in 1866), and duties of fence viewers relating to
division fences and the killing of sheep by dogs (amended in 1862)
are omitted; also a large number of local highway acts.
The chapter of the Revised Statutes embraced in the edition of
the highway laws, now in use, has been so frequently amended, and
the legislation has been so conflicting, that nothing but a thorough
revision and re-enactment thereof by the Legislature, will present
the same within a proper compass, to meet the wants of highway
officials.




To supply, in some measure, the many pressing applications for
information as to existing laws (the Legislature having failed to
order a new compilation), I have merely compiled the general acts
bearing upon these subjects, passed since 1860 (including the session
of 1869), which are herewith presented.
[Believing that the Legislature will, at an early future session,
see the necessity for a complete revision and re-enactment of all
these statutes, I submit this additional legislation without forms or
instructions, as the present edition of the Highway Laws in use,
contains forms applicable to most of the amendatory legislation.
Very respectfully, &c.,
HOMER A. NELSON,
Secretary of State.
NOTE. —The references herein, to Highway Laws of 1860, are to the State edition last issued, and
now in use,




LIST OF ACTS.
PAGE.
An act to regulate the use of public highways............................   9
An act making further provisions relative to encroachments upon highways.  10
An act for the protection of bridges belonging to the State, or under its
control............................................................... 12
An act to authorize the making of sidewalks and planting shade trees along
highways of this State, other than in cities and incorporated villages.....  13
An act in relation to the accounts of town officers.........................  14
An act to amend section twenty-five, article two, chapter sixteen, title one,
part one, of the Revised Statutes, entitled " of highways and bridges"...  15
An act to amend the several acts relating to taxes upon dogs, so far as relates
to the county of Ontario, and providing for the extension of the provisions
thereof to the several counties of the State, by resolution of the respective
board of supervisors.............................................         16
An act to amend the act entitled "an act to provide for the speedy construction and repair of roads and bridges where the same shall have been damaged or destroyed," passed April 6th, 1858............................ 18
An act to amend title one of chapter sixteen of the first part of the Revised
Statutes, in regard to roads and bridges, and the appointment of overseers
of highways.......................................................  19
An act to amend title one of chapter sixteen of the first part of the Revised
Statutes, in regard to commutation for labor assessed on the highway.....  22
An act to improve the roads and bridges of this State..................... 23
An act to amend an act entitled " an act to prevent animals from running at
large in the public highways," passed April 23d, 1862, and to create a short
bar to actions arising under said act....................................  23
An act to more particularly define the duties of overseers of highways, and
their appointment, in conformity with the provisions of chapter 522 of
laws of 1865................................................      30
An act in relation to the opening of roads through lands devoted to vineyards. 32




8                             LIST OF ACTS.
PAGE.
An act for the erection and maintenance of watering troughs in the public
highways............................................................ 32
An act to encourage the planting of shade trees along the sides of public highways............................................................... 33
An act to authorize the erection of posts, with the necessary appendages, for
rope ferries.....................................................          34
An act to amend chapter 250 of the laws of 1849, entitled " an act in relation
to plank roads and turnpike roads".....................................  35
An act in relation to the sale of plank roads and turnpike roads upon the
foreclosure of mortgages thereon, and to provide for the incorporation of
the purchasers at such sales, into companies, to own and operate such roads  36
An act in relation to plank roads and turnpike roads........................   37
An act to amend title sixteen, chapter eight, part three of the Revised Statutes,
relative to proceedings for the draining of swamps, marshes and other low
or wet lands, and for draining farm lands...............................    39




HIGHWAYS AND BRIDGES.
Chapter 112.
AN ACT to regulate the use of public highways.
Passed April 2, 1862; three-fifths being present.
2The People of the State of Newt York, represented ini
Sencate and Assembly, do e)nact as follows:
SECTION 1. It shall not be lawful for any owner or own- Driving or.
leading of
ers of any wild or rare animal, native or imported, which wild animals
I~~~  m- ~~~in highways.
shall be used for exhibition in any menagerie or show, or
owned or possessed for the purpose of so exhibiting the
same, to convey or cause to be conveyed or led or driven,
over, through or upon any public highway, road or street,
such wild or rare animal, unless such owner or owners
shall send before the same a person of mature age, at least
one-half of a mile in advance to notify and warn persons
traveling or using said highway, road or street,  with
horses or other domestic animals liable to be frightened
by such wild or rare animal, of the approach of such
animal. Any such owner using any public highway, road
or street in violation of the provisions of this act, shall be
deemed guilty of a mlisdemeanor, and mnay be punished,
on conviction, by fine not exceeding one hundred dollars,
or by imprisonment in a county jail not exceeding ninety
days, or by both such fine and imprisonment, in the dis2




10                       LAWS OF NEW YORK.
cretion of the court before which such conviction shall be
had.
Liability of  ~ 2. Any servant or agent of the owner or owners of
agents and
servants.  such wild or rare animal, and having the same in charge,
who shall willfully neglect to give the notice and warning
required by the foregoing section shall be deemed guilty
of a misdemeanor, and liable to punishment therefor as
prescribed in said section.
~ 3. This act shall take effect immediately.
Chapter 243.*
AN ACT making further provisions relative to
encroachments upon highways.
Passed April 15, 1862; three-fifths being present.
The People of the State of New  York, represented
in Senate and Assemblrn, do enact as follows:
Justice to    SECTION 1. Upon the hearing before a jury, as propreside at
trial for en- vided in section one hundred and six of article fifth,
croachments
title first, chapter sixteenth, and part first of the Revised
Statutes, the justice who has issued the precept to such
party, shall preside at the trial, in the same manner as
upon the trial of an issue joined in a civil action commenced before him; six of the jurors summoned shall
be drawn and impanneled in the same manner as upon
To decide as trial by jury in civil action before him, and he shall
to urors and
evidence   have the power and it shall be his duty to decide as to
the competency of jurors, the competency and admissibility of evidence, and all other questions which may arise
before him, in the same manner and with the like effect
as upon a jury trial in civil actions before him; and such
justice shall adjust and determine the costs of such
inquiry, and in case the jury shall find an encroachment,
he shall render and docket a judgment to that effect, and
* See pages 40 and 41, Highway Laws, edition of 1860.




HIGHWAYS AND BRIDGES.                              11
for such costs against the person or persons who shall
have denied such encroachment; in case the jury find Judgment to
be rendered.
no encroachment, he shall render and docket a judgment to that effect against the commissioner or commissioners prosecuting the proceedings, and also for such osts and
damages,
costs, together with the damages, if any, which may have how enforced.
been fixed by the jury, and payment thereof shall be
enforced by such justice, as in other cases of judgments
rendered by him.
~ 2. The person or party against whom such judgment Appeals.
shall be rendered may, within sixty days after filing the
certificate of the jury, appeal from the finding and judgment to the county court of the same county; such appeal Proceedings
shall be made by the service, within twenty days after the
docketing of said judgment of notice of appeal upon the
justice and upon the successful party or paities, or one of
them, stating the grounds of such appeal.  It shall be the Return of
justice, what
duty of such justice, in his return to such appeal., to to embrace.
embrace copies of all the papers made and served in the
proceeding prior to issuing the precept for such jury, and
all the evidence and proceedings before him, together with
the finding of the jury and judgment entered thereon.
All the provisions of title eleven, chapters third and fifth Provisions
of Code atpof the Code of Procedure are hereby extended to such plied.
appeals, so far as the same are applicable thereto.
~ 3. In case the decision of the jury finding an encroach- Powers of
Appellate
ment shall be affirmed by the appellate court, such court, Court,in case
finding of
in addition to the costs now allowed by law, may in its juryisaffirmdiscretion order judgment against the appellant for the
penalties provided by section one hundred and four of
article one, title one, chapter sixteen, part first of the
Revised Statutes aforesaid, for such period as shall intervene between the time fixed for the removal of fences as
provided by section one hundred and seven of the said
article, title and chapter, and the decision of such appeal;
and in case of the continued neglect or refusal of the occu- Penalties for




1(2'-)LAWS OF NEW  YORK.
neglect to re- pant, after judgment, to make sucll remloval the court
move fences.     f
rendering judgment may, by order fiom  time to  time,
enforce thle additional penalties inclurred, or inmay provide
for the removal of such fences at the expense of the occuFences may pant; papavient of such expenses to be enforced by order.
be removed,  e',
and expense Such applications to be made according to the Lsual pratof removal
collected. tice of the cou-rt.
Act to apply   ~ 4. This act shall] apply to all proceedings now pending
to pending
proceed-   in relation to encroachments -upon highways, where a
hearing has not already taken place; and all acts or parts
Repeal.   of acts inconsistent with this act are hereby -repealed, so
hfar as proceedings had or continued underl this act are
concerned.
{ 5. This act shall take effect immnediately.
Chapter 354.
AN ACT for the protection of bridges belonging
to the State, or under its control.
Passed April 19, 1862; three-fifthls being present.
The Peoeple of the State of ATJew  York, reyjresente  in
Senate anzd Assembhly, do enact asfblows:
Riding or    SECTION 1. It shall not be lawfuil for any person to lead,
driving faster than a   ride or drive any horse, or horses, I ilule or mules, faster
walk, over,      o
tatge  pro- than on a walk over any bridge belonging to or under the
hibited.    COlltrol of this State, which is now or may hereafter be
erected  over aly canal, canal feeder, strealm  or river
thereof.
Driving of    2. No person shall hereafter drive any cattle across
cattle  thereti regla- R1any bridge or bridges referred to in the first section of
ted..,
this act, at a faster rate thlan upon a walk, and shall not,
in so driving them over, permit more than twenty-five
cattle to be upon any such bridge at one time.
Penalties for  ~ 3. Any person violating either of the provisions of
violation of'                    I
act.     this act shall be liable to a penalty, for each offense, fif



HIGHWAYS AND BRIDGES.                              18
teen dollars, to be sued for and recovered in. any court How recovered.
having cognizance thereof, by the contractor, illn the name
of the people of this State, whenever such bridge or
bridges, where the offense shall be committed, shall be
embraced within his repair contract; and in all other
cases, iby thle superintendent of canal repairs.  Such pen- Penalty, how
credited,
allt, when recovered, shall be credited to the State, in
the first settlement thereafter of the accounts of such contractor or superl'ilntendent, with the State.
~ 4. This act shall take effect first day of June, one
tholsa-lnd eight hundred and sixty-two.
Chapter 39.*
AN  ACT  to  authorize the making of sidewalks
and planting shade trees along highways of
this State, other than in cities and incorpo.
rated villages.
Passed April 7, 1863.
T.Le People of the State of New  IYork, representec'in
Senate acnd Assenbly, do enact as/follows:
SECTION 1. All perlsons owning lands fronting upon any Sidewalks.
highway (except in cities and incorporated villages), may
make and have sidewalks, along such land in the highway,
and plant and have shade trees along the roadside of such
sidewalks; such sidewalks with shade trees shall not Shade trees.
extend more than six feet in width from the outward line
of snch highway; provided such highway is not over Width of
sidewalks
three rods wide, with the right to add one additional foot &c.
in width to such sidewalk for every additional rod in
width of said highway where such sidewalks may or shall
be built or shade trees planted, and for the protection of Construction
such walks or trees nlay also construct a railing upon the e
roadside adjacent ard within two and a half feet of such
trees or walks, of not more than one bar in height, with]
* See also chapter 322, Laws of 1869.




14                       LAWS OF NEW YORK.
posts and also protectives at the ends, in such way or
manner as not to prevent foot passengers from using such
Protection  walks but so built as may and shall prevent cattle from
from cattle. 
going thereon.
~ 2.  This act shall take effect immediately.
Chapter 172.
AN ACT in relation to the accounts of town officers.
Passed April 17, 1863; three-fifths being present..lTe People of the State of New  Yorlc, rejiresented in
Senate Cand Assembly, do enact as follows:
Annual ex-   SECTION 1. The town auditors in the several towns of
amination of
accounts of this. State, shall examine the accounts of the overseers of
highway
ionlmis-  the poor and the commissioners of highways of such
sioners.
town, for all moneys received and disbursed by them,
and shall meet for the purpose of examining the same,
annually, in each town of this State, on the Tuesday preceding the annual town meeting to be held in each town.
Highway     * ~ 2. The commissioners of highways in each town of
commisasicoers,to  this State, and all town officers who receive or disburse
account for
receipts and any moneys belonging to their respective towns, shall, on
disburse-          yt
nments.    the last Tuesday preceding the annual town meeting of
their town, account with the board of town officers of
such town for all moneys received and disbursed by them
by virtue of their offices.
Town audi-  ~ 3. The said board of town auditors shall make a statetors to file
statement of ment of such accounts, and append thereto a certificate,
accounts.
to be signed by a majority of the board, showing the state
of the accounts of the said highway commissioners and
To bereadat other officers, at the date of the certificate; which statetown meeting.     ment and certificate shall be filed with the town clerk of
the town, and be by him produced at the next annual
town meeting, and publicly read.
~ 4. This act shall take effect immediately.
* See Highway Laws of 1860, page 9.




HIGHWAYS AND BRIDGES.                                 15
Chapter 444.*
AN ACT to amend section twenty-five, article
two, chapter sixteen, title  one, part one, of
the Revised Statutes, entitled "Of highways
and bridges."
Passed May 5, 1863; three-fifths being present.
The People of the State of New  York, represented in
Seazcte and Assembly, do enact as follows:
SECTION 1. Section twenty-five, article two, chapter sixteen, title one, part one, of the Revised Statutes, is hereby
amended so as to read as follows:
The commissioners of highways shall direct the clerk Delivery of
of the town to make a copy of said list, and shall sub- rantstooVerseers of highscribe such copies, after which they shall cause the several ways.
copies to be delivered to the respective overseers of highways of the several districts in which the highway labor
is assessed, and the acceptance of such list by any over- Acceptance
thereof, to be
seer to whom the same may be delivered shall be deemed deered acceptance of
conclusive evidence that such overseer is duly chosen or ofYce.
appointed to such office, although the acceptance required
by section eighteen, article two, title three, chapter eleven,
has not been filed, as required by said section.t
~ 2. This act shall take effect immediately.
* See Highway Laws, edition of 1860, page 18.
t See also sections one and two of chapter 791, Laws of 1868.




1(  LAWS OF NEW YORK.
Chapter 197.
AN  AcT to amend  the  several acts relating  to
taxes upon dogs, so far as relates to the county
of Ontario, and providing for the extension of
the provisions thereof to  the several counties
of the State, by resolution of the respective
boards of supervisors.
Passed April 15, 1864; three-fifths being present.
Thie People of tlte State of NXew YoA7k, rep2?esented in,
Se-Ceate and Assembly, do enact as follows:
Do tax, how   SECTcrION 1. The taxes hereafter to be levied upon dogs,
levied.
in the county of Ontario, shall be levied and collected at
the time, and in the manner directed by sections one and
two, of chapter two hundred and forty-four of the laws
of eighteen hundred and sixty-two.
Town col-    ~ 2. The collector of each town shall pay over the taxes
lector to pay
such tapervio so collected to the supervisor of the town, and the moneys
so collected and paid over shall, in each town, constitute
a town finld for paying the damnages arising in said towi;,
Application fl O)l1 dloo's hk illino or injuring sheep; and such moneys, or
of moneys        I        -
thlus collect- the balanlce thereof, which shall relnain in the hands of
ed.
thle supervisor of any town for the period of one year,
rTown meet- nay, by a rote of the majority of the electors of any such
ill(, may vote'.
balance after town at any town meeting, be appropriated for the purone year, for
highwaypurposes.    pose of building and repairing roads and  bridges, or foi,
the payment of the contingent expenses of such town.
Powers and,  3. The owner or owners of any sheep or lambs that
duties of
fence view- 1may be killed or injured by dogs, may apply to any two
fence viewers of tile town, who shall inquire into the matter and examine witnesses in relation thereto, for which
purpose either of them  shall have power to administer
oaths, and if they shall be satisfied that the same were
Certificate of killed by dogs, and in nlo other way, they shall certif~3T
fence view-, and the -
cec.     shel fatct, the number of such sheep killed, amd tie iinnm



HIGHWAYS AND BRIDGES.                                  17
her injured, the value of such sheep killed  or injured,
immediately previous to such killing or injury, together
with the value, of the sheep after being so killed or injured,
together with the amount of their fees.
~ 4. Such certificate shall be presented to the board of Town auditors to audit
town auditors, at their annual meeting for auditing town claims preaccounts, who shall have the saime power in auditing or
allowing the same as in regard to town accounts; and if May examinM claimant
such board shall be satisfied by the oath of the person on oath.
claiming such damages, that such claimant has not been
able to discover the owner or possessor of the dog or dogs
by which such damage was done, or that he has failed to
recover his damages of such owner or possessor, they shall May issue order on supergive an order on the supervisor of the town for the amount visor.
which they shall allow, who shall pay such order out of
the funds arising from the provisions of this act.
~ 5. If, after receiving the amount of such damages Owners of
sheep,to refrom the supervisor, the owner of the sheepl so killed or fund money s
to supervihurt shall receive or recover the value thereof from  the sor, in case
of recovery.
owner or possessor of the dog or dogs doing said damage,
he shall refund and repay to the supervisor the sum so
recovered, for which it shall be the duty of the supervisor Supervisor
to bring acof the town to bring an action against such person, in tiontherefor.
case of his refusal, in his name of office; which sum, when Monies re-'I~~~~                  I      ~~~~~~covered, how
so received and recovered, shall be returned to said dog applied.
fin d.
~ 6. The supervisor is hereby required to account to the supervisor
to account
town auditors for moneys received and disbursed by him to town
board.
in pursuance of this act.
W 7. Whenever the board of supervisors of any county Boards of supervisors,
of this State shall, by resolution, declare that the provi- may by resohition desions of this act shall be extended and made applicable to clare this act
made applisuch county, the provisions of -tllis act shall thereafter b)e cable.
applicable to such county.
~ 8. This act shall take effect immediately.
3




18                     LAWS OF NEW YORK.
Chapter 442.
AN ACT to amend the act entitled "An act to
provide for the speedy construction and repair
of roads and bridges where the same shall
have been damaged or destroyed," passed
April sixth, eighteen hundred fifty-eight.*
Passed April 14, 1865; three-fifths being present.
The People of the State of N~ew  York, reprlesented in
Senate and Assembly, do enact asfollows8:
SECTION 1. Section one of the act entitled " An act to
provide for the speedy construction and repair of roads
and bridges where the same shall have been damaged or
destroyed," passed April sixth, eighteen hundred fiftyeight, is hereby amended so as to read as follows:
Highway    ~ 1. In case any road or roads, bridge or bridges shall
commissioners, torepair be damaged or destroyed by the elements or otherwise
roads and
bridges dam- after any town meeting shall have been held, and since
aged by ele- 
ments.   the fifteenth day of February, A. D., eighteen hundred
sixty-five, then, and in that case, it shall be lawful for the
commissioner or commissioners of highways, by and with
Consent of the consent of the board of town auditors, or a majority
town board
requisite.  thereof, of the town or towns in which such road or roads,
bridge or bridges, shall be situated, to cause the same to
be immediately repaired or rebuilt, although the expenditure of money required may exceed the sum now authorized to be raised by law upon the taxable property of the
Commis-  town or towns for such purposes; and the commissioners
sioners to
present   of highways shall present the proper vouchers for the
vouchers for
audit.    expense thereof to the town auditors at their next annual
Moneys an- meeting, and the said bill shall be audited by them, and
dited, how
collected.  the amount audited thereon shall be collected in the same
manner as amounts voted at town meetings as now required.
* See Highway Laws of 1860, page 79.




I: —HWAYS AND BRIDGES.                             19
The commissioners acting under this act shall be entitled Compensato receive for each day's service actually rendered, two
dollars.:
~ 2. This act shall take effect immediately.
Chapter 522.
AN ACT to amend title one of chapter sixteen
of the first part of the Revised Statutes, in
regard to roads and bridges, and the appointment of overseers of highways.
Passed April 21, 1865; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enatvt as follows:.
SECTION 1. Section forty-seven of article third of title
first of chapter sixteen of the first part of the Revised
Statutes is hereby amended so as to read as follows: 
~ 47. "Every overseer of highways shall; on or before the Overseers to
furnish list
first day of October in each year, make out and deliver to of,uncommu-l
the supervisor of his town, a list of all resident landhold- labor. to suers residing in his district who have not worked out their
highway assessment or commuted for the same, with the
number of days not worked or commuted for by each
resident of his district, charging for each day ill such list Rates of assessment.
at the rate of one dollar and fifty cents per day; and also a List and
rates of nonlist of all the lands ofnon-residents, and of persons unknown, resident tax.
which were assessed on his warrant by the commissioner
of highways, or added by him according to law, on which
the labor assessed has not been performed or commuted
for, and the number of days' labor unpaid by each, charging for the same at the rate of one dollar per day; which Affidavit, of
service of
list shall be accompanied by the affidavit of the overseer, notice to
work.
duly certified, that he has given the notice required by the
thirty-second, thirty-third and thirty-fourth sections of
this title, and that the labor for which such residents and
* As amended by chapter 791, Laws of 1868, section 4.




20                         LAWS OF NEW YORK.
such land is returned, has not been performed or commuted."~~ 2.t Section forty-eight of said article is hereby amended
so as to read as follows:
Penalty for   ~  48. If any overseer shall refuse or neglect to deliver
neglect to
deliver list of SulCh lists to the supervisor, as provided in the last precedunworked
taxes.    ing section, ori shall refuse or neglect to make the affidavit
as therein directed, he shall, for every such offense, forfeit
the sumn of ten dollars, and also the amount of tax or
taxes for labor remaining unpaid, at the rate of one
To be recov- dollar for each day assessed, to be recovered by the comered from
overseers of missioners of  highways, and  applied  to  making  and
highways.
How applied ilmproving the roads and bridges in said district.
@ 3. Section fifty of said article is hereby amended so as
to read as follows:;
Board  to- "s   50. It shall be the duty of each board of superviassess unpaid high-  sores at their annual meeting in each year, to cause the
way labor on
lands.    amount of such arrearages for highway labor returnec  to
Rates for  them  severally, as provided in the preceding section, estiresident and 
non-resident mating each day's labor at one dollar and fifty cents a day,
lands.                   df
to be levied on the lands of all residents, and on all nonresident lands returned as aforesaid, one dollar a day, as
returned by the assessors of the several towns, and to be
collected in the same manner that the contingent charges
Moneys tobe Of the county are levied and collected, and to order the
paid to highway commis- same, when collected, to be paid over to the commissionsioners.
ers of highways of the towns respectively, to be by them
applied  to the construction, repair and improvement of
the road and bridges in the district in which the labor was
originally assessed."~
4. 1 The fifth paragrafph of section fifty-one of said article is hereby amended so as to read as follows:
* See Highway Laws of 1860, pages 19 and 20.
t See Highway Laws of 1860, page 23.
e As amended by chapter 791, Laws of 1868, section five.
See Highway Laws of 1860, page 24.
IISee Highway Laws of 1860, page 24.




HIGHWAYS AND BRIDGES.                                 21
5. A list of all persons whose names he has returned to Annual return of overthe supervisor, as having, neglected or refused to work out wy of hightheir highway assessments, with the number of days and way commtissioners, to
amount of tax so returned for each person, and a list of tateand
uncommuted
all lands which he has returned to the' supervisor for non- highway tax.
payment of taxes, alnd the amount of tax on each tract of
landl so returned.
~ 5.'* Section fifty-three of said article is hereby amended
so as to read as follows:
~ 53. If any overseer shall' refuse orL neglect to render Penalty for
neglect of
such account, or, if having rendered the same he shall overseer to
~*                        account for
refuse or neglect to pay any balance which may then be unexpended
moneys.
due firom  him, he shall for every slchl offense forfeit the
sum  of ten dollars, to be recovered, together with any How recovered.
balance of moneys remaining'in his hands, by the coinrmissioners of highways, to be applied to making and Fines, how
improving the roads and bridges in said district; and it applied.
shall be the duty of said commissioners to prosecute for
such penalty in every instance in which no return is made,
or such delinquency occurs.
~ 6. Section three of title two, of chapter eleven, of part
first of the Revised Statutes is hereby amended so as to
read as follows:
~ 3. There shall be chosen at the annual town meeting, Election of
one supervisor, one town clerk, three assessors, one col- commissionlector, two overseers of the poor, one or three comlmissioners of highways, not more than five constables, one
town sealer of weights and measures, and so many poundmasters as the electors may determine.
~ 7. From and after'the passage of this act, the commis- Highway
sioner or commissioners of highways in each town in this ers torapState, shall have the power, and it shall be their duty, seersofhighwithin oIle week after such annual town meeting, by an Appointment, when
instrument in writing, under their hands, to be filed with and how,
made and
filed.
* See Highway Law of 1860, page 25.




22                      LAWS OF NEW YORK.
the town clerk, to appoint as many overseers of highways
in their respective towns as there are road districts therein,
Town clerk to hold their office during one year; and it shall be the
to notify
ucnh over- duty of the town clerk to notify each overseer of his
appointment, as now required by law in case of elections;
Laws appli- and all provisions of law now applicable to overseers of
cable to said
overseers. highways heretofore elected under the provisions of the
sections above amended, shall apply to overseers of highways appointed under the provisions of this act.
~ 8. This act shall take effect immediately.
Chapter 180.*
AN ACT to amend title one of chapter sixteen
of the  first part of the Revised  Statutes, in
regard to commutation for labor assessed on
the highway.
Passed March 19, 1866; three-fifths being present.
The People of the State of New  York, represented in
Senate acd Assembly, do enact as follows:
SECTION 1. Section thirty-five of -article third of title
first of chapter sixteen of the first part of the Revised
Statutes, is hereby amended so as to read as follows:
Rate of com-  ~ 35. Every person liable to work on the highways
mutation for
highway   la- shall work the whole number of days for which he shall
bor.
have been assessed, but every such person, other than an
overseer, may elect to commute for the same, or for some
Moneystobe part thereof, at the rate of one dollar for each day, in
paid to overseer.    which case such commutation money shall be paid to the
overseer of highways of the district in which the person
How ex-   commuting shall reside, to be applied and expended by
pended.
pended.   such overseer in the improvement of the roads and bridges
in the same district.t
~ 2. This act shall take effect immediately.
* See Highway Laws of 1860. Page 20, amended hereby.
t See also chapter 791, Laws of 1868.




HIGHWAYS AND BRIDGES.                            23
Chapter 770.
AN ACT to improve the roads and bridges of this
State.
Passed April 24, 1866; three-fifths being present.
The People of the State of -New  York, represented int
Senate and Assembly, do enact as follows:
SECTION 1. From and after the passage of this act, the Highwayd
highway tax upon any land or property (except as pro- moneey tdobe
vided in section two* of this act) shall be worked out or rad district.
commuted for in the district in which said land or property is situated; and if commuted for, the money shall
be paid to the overseer of said district, for the benefit of
the roads and bridges in said district; but this act shall Proviso as to
-  pecial highnot apply to or affect any county, city, village, town or wayacts.
district where the disposition of the highway tax has been
provided for by special enactment.
~ 2. This act shall take effect immediately.
Chapter 814.t
AN ACT to amend an act entitled  "An  act to
prevent animals from running at large in the
public highways," passed April twenty-third,
eighteen hundred and sixty-two, and to create
a short bar to actions arising under said act.
Passed May 9, 1866; three-fifths being present.
The People of the State of New  York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The first section of an act entitled "An
act to prevent animals from running at large in the public
* So in original.
t This act takes the place of chapter 459, Laws of 1862; see also chapter 424, Laws
of 1869.




24                        LAWS OF NEW YORK.
highways," passed April twenty-third, eighteen hundred
and sixty-two, is hereby amended so as to read as follows:
(Sei.zure of  -" ~ 1. It shall not be l awful for any cattle, horses, sheep,
animals run-                                      cal
heninatlarge swine or goats to run at large, or to be herded or pasastured in                           pi
ighway.  tured in any public street, park, place or highway in this
State; and it shall be the duty of every overseer of highways within his district, and of every street commissioner
in any incorporated village, to seize and to take into his
possession, and keep, until disposed of  according to law, any
animal so found running at large, or being herded or pasPenalties for tured and any person  sufnerintting or   ermittingany aninal
-violations of.....
act.     to so run at large, or be herded or pastured in violation of
this section, shall forfeit a penalty of five dollars for every
horse, swine or cattle, and one dollar for every sheep or
How recov- goat so found, to be recovered by civil action by any
inhabitant of the town, in his own name or in the name
of the overseer of the poor of the town, or by the proceedings hereinafter provided."
~ 2. Section two of said act is hereby amrended so as to
read as follows:
seizure of    "~ 2. It shall be lawful for any person to seize and
cattle running at large take iinto his custody, and retain  till disposed  of as
required by law, any animal which may be in any public
highway, and opposite to land owned or occupied by him,
contrary to the provisions of the' foregoing section, or of'
any animal which may be trespassing upon premises owned
or occupied by him."
~ 3. The third section of said act is hereby amended so
as to read as follows:
Proceedings  W"~ 3. Whenever any such person or any officer shall
on the seizure.     seize and take into  his possession  any  animal under
Complaint to the authority of the preceding sections, it shall be the
justice of the
peace.    duty of such person or officer to make inmmediate coinplaint in writing, under oath, stating the facts to a justice of the peace of the town in which such seizure
* As atended by section 1, of chapter 424, Laws of 1869.




HIGHWAYS AND BRIDGES.                             25
occurred; and such justice shall thereupon have juris- Jurisdiction
diction to hear and determine such matter, and shall
thereupon proceed in the same manner as in civil actions,
except as specially changed in this act, and shall forth- To issue a
~~.,~~~~~ ~summons.
with issue a summons,' under his hand, stating the fact of
such seizure and complaint, and requiring the owner of
such animal, or any party having an interest in the same,
to show cause before such justice, at a time and place to
be specified in said summons, why said animal should
not be sold and the proceeds applied as directed by this
act; such time shall not be less than ten nor more than When returnable.
twenty days from the issuing of such summons.  The
said summons may be served by any constable of the Service of
said town, or by any elector thereof authorized so to do
by the said justice, in writing thereon; such service Posting of
summons.
shall be made by posting the same in at least six public
and conspicuous places in said town, and one of said
places shall be the nearest district school house, unless
the said seizure shall have been made within the bounds
of an incorporated village, having the schools in charge
of a board of education, and in such case one of such
notices shall be posted in one of the buildings in which
such schools are taught. At the time and place appointed Hearing of
for the return, of said summons, the complainant aforesaid may appear, and any party or person owning or having an interest in said animal, or his agent duly authorized shall be allowed by the said justice to appear in said
proceeding; and on his filing with said justice an answer Joiningof
-issue.
under oath, subscribed by him or his agent aforesaid, deny-'
ing any or all the facts alleged in said complaint, an
issue shall be deemed joined in the said proceedings,
and the subsequent proceedings shall be as in civil actions,
so far as they can be, unless otherwise provided in this
act.  If no one shall appear to show cause, and the said In what
cases, justice
summons shall be returned by a constable dily served, or may direct'y X)1~00f S'I~ill  tsale of aniby proof showing that fact, if served by any person other mals.
4




26                       LAWS OF NEW YORK.
than a constable, or if the jury or the justice shall find,
after a trial, that no sufficient cause is shown why such
sale should not be made as directed by this act, then
the said justice shall issue his warrant, under his hand,
directed to any constable of the said town, commanding him to sell the said, animal at public auction
Return of for the best price he can obtain therefor, and make
sale, to justice.    return thereof to the said justice, at a time and place
therein specified, not less than ten nor more than twenty
sedue how   days thereafter.  The said sale shall be made on the like
conducted.
notice as on constable's sale on civil process;,and the said
constable shall make return as required by the said warProceeds to rant, and pay the proceeds of said sale to said justice.
be paid to
Justice.to  The said justice shall thereupon adjudge the costs of said
judge costs. proceedings, the same amounts being allowed as in civil
Allowanceto actions; and in addition he shall allow to the party or
parties making seizure. officer making such seizure, for every horse or colt, one
dollar; for every cow, calf or other cattle, each fifty
cents; and for every goat, sheep or swine, twenty-five
Allowance cents; together with the actual damages sustained by
for actual
damages sus- such party by reason of the trespass or breaking of such
Compensa- animal into his premises, and a reasonable compensation
tion for care
of animals. to such person or officer, to be estimated by such justice,
for the care and keeping of such animals from the time
Fees of jus- of the seizure thereof to the sale; and the said justice
tice and constable.    shall be allowed the sum of one dollar for each animal so
sold; and the constable the same fees as for service of a
Penaltytobe summons and execution in civil actions. And the penalty
paid to overseersofpoor. in the foregoing sections prescribed shall be paid to the
overseers of the poor or the officer or board having
Surplus to be the support of the poor in charge. If after paying
paid to owners of ani- the sums aforesaid, there shall be any surplus of the promals.
ceeds of said sale, the said justice shall pay the same to the
owner or party establishing before him, on the return of said
summons or at such other time as he shall appoint, the
Seroplyaf-r right to the same.  If no person shall claim  said surplus,




HIGHWAYS AND BRIDGES.                             27
within one year after such seizure, the said justice shall to be paid for
support of
pay the same to the overseers of the. poor of such town, poor.
or the officer or board aforesaid, for the benefit of the
poor thereof.  If such owner or party interested shall not Owner of
animal, must
appear and demand such surplus within said year, he shall laim sthin
be forever precluded from  recovering any part of such froe yale,
moneys, and the receipt of the overseers of the poor of said
town, or officer or board aforesaid, given at any time after
the expiration of said year, shall be a full discharge to
said justice for the same."
~ 4. The fourth section of said act is hereby amended
so as to read as follows:
~ 4. Any owner of any animal which shall have been Owner of
animal, enseized under and pursuant to the foregoing provisions, titled topossession bemay, at any time before the justice aforesaid shall proceed' fonheparing,
to the hearing on the return of said summons, demand, coiqts.Y d
and shall be entitled to the possession of such animal,
upon the payment to said justice of the several sums
hereinbef'ore required to be paid to the said justice and
constable, and to the person or officer by whom the seizure aforesaid shall have been made, and the penalty
aforesaid, when such seizure is made by any officer,
together with a reasonable compensation to the person or
officer making such seizure for the care and keeping of
such animal, to be ascertained and fixed by such justice,
and upon making to such justice satisfactory proof of
ownership; and if such owner shall not have appeared Mayesbotain
on  payment,
upon said  return  day, and  shall excuse  such  non- made three
days prior to
appearance to the satisfaction of said justice, and shall sale.ri
make such demand at least three days before the time
appointed for such sale, he shall be entitled to the custody
and possession of such animal upon paying one-half of the
several sums above stated, together with  the whole
amount of penalty, compensation and damages which the
said justice shall then adjust and award."




28                       LAWS: OF NEW YORK.
~ 5. The fifth ~ection of said act is hereby amended so
as to read as follows:
How, owner  c" *  5. In case the -animal so seized under the foregoing
maH obtain
Pwohsesna 0i,  provisionsi of this'act shall have been! so running at large or
when lg     rimsl
herded or,             o
~sesjrge' trespcSuing, -or — being; herded;or' pastured by the willful
pastured by
person other act of'anyothr  person than the owner to effects that
than'the
owner.    object, such owner shall be entitled to the possession of
such animal; at an'y time before the actual hearing shall
be commencedl on: the return of said summons, on making
the demand therefor and the proof required in the next
preceding' section; and:on paying to 6such person or officer
making such seizure the amount df compensation, fixed: by'such justice, for the care anid keeping'of such:animal, and
nhalty ifol with-out paying any       other hargese; and - ie  person comatimfeatti  mittingi such willful act shall be liable to a penalty of
large.    twenty dollars, to be recovered' in an action at law, at the
suit of theowner of such animal,'or the person or officer
making such seizure."
~ 6. The following two sections shall'be added  to said
act, and shall be' the sixth' and seventh sections thereof.
Appeals to:C"~ 6. An appeal' may be taken by either party who shall
county court.
"have appeared and:-contestedi in said proceeding before
such justice, to the -county court'; and all laws relating to
appeals' from jJudgments of" justices' courts; and the- juris
diction, powers and- duties of county'courts to hear and
Laws appli- determine. such appeals, and the proceedings therein shall
cable thereto
be applicable to said appeals, so far as the same can be
Within what applied and are consistent with this act.  Such- appeal
time and for
what cause, can only be taken from the finding:or'determination that
appeals may
be taken.  cause exists or does not'exist for the sale aforesaid, and
must be taken within ten days after such finding or deterUndertak-   ination; and such  appeal when made, by a claimant
ing as to
costs.   -shall' not be effectual for any purpose unless the undertaking required on appeals to the county court contains a'* As amended by section 2 of chapter 424, Laws of 1869.




HIGHWAYS AND BRIDGES.                               29
clause that in case the finding or determination shall be
affirmed, the claimant will pay all such sums as the said
justice shall determine and adjudge for the costs, penalties
and allowances so as aforesaid authorized to be made. In Adjustment
by justice, in
case of an affirmance by the county court, said court shall casie iof a
firmance.
appoint a time and place when said justice shall adjust the
same, and such adjustments shall be made in the manner
and for the sums hereinbefore specified.  In case such
undertaking is given and approved by the said justice, he
shall forthwith direct the said sale not to be had, and shall
order the said animal to be delivered to the appellant, if
it shall appear to him that he is the owner, or entitled to
the possession thereof."
"~ 7. In case any person making such seizure shall fail, Persons
making seton said hearing, to show cause sufficient to obtain such zure, when
XI~~~~~~~~~ J                    ~~~to pay costs.
sale, the said justice shall render judgment against him
for costs.  And if the jury, or said justice, shall find, from Penalty for
malicious
the evidence, that such seizure was malicious, and without seizures.
probable cause, the jury, or the justice, may assess the
amount of damages sustained by the owner, by 4means of
such seizure, and judgment shall, in such case, be given
for double the amount assessed with costs."
~ 7. Actions for any cause of action arising out of any
proceeding had or taken, or attempted to be had or taken,
under the provisions of said act, entitled ".An act to prevent animals from running at large in the public highways," passed April twenty-third, eighteen hundred and
sixty-two, can only be commenced within one year after
the cause of action shall have accrued.
~ 8. The number of section six of the act hereby
amended is changed to number eight.
~ 9. This act shall take effect immediately, but shall
not affect actions now pending.




S3o                      LAWS OF- NEW YORK.
Chapter 791.
As. ACT to more particularly define the duties of
overseers of highways, and their appointment,
in  conformity wwith.the  provisions of chapter
five hundred and twenty-two of'Laws of eighteen hundred:and sixty-five.
Passed May 9, 1868; three-fifths being present.
The People of the State oof 2ew    rf, prepresented in
Senate and Assembby, do enract a folows8:
Overseers of  -SECTION 1. The appointment of overseers of highways,
highways, to
be apointed by the,commissioners of highways,, as. prescribed in.secby hlhayr       - I t....-    I -       -'' "
nomission-: tion seven of chapter five hundred.and twenty-two, of the
Laws of eighteen hundred and sixty-five, and the notice
therein prescribed to be given by the several town clerks
to the persons so. appointed, shall constitute the several
persons thus appointed,overseers of highways in their
Overseers,  respective districts or wards; and no acceptance. of the
not required 
tonc ofieecfpt-office  or appointment as overseer shall.be necessary. to
authorize the persons so appointed to perform  the duties
required of, and.enjoined upon overseers of highways.
Overseers, to  ~.2. The persons. so appointed, notwithstanding the
hold olice 
until appoint return prescribed to -be made.by section forty-seven, of
ment of suc      -  
cessors.   article third, of title one, of chapter sixteen, of the first
part.of the Revised Statutes, as.amended by section four
of this act, shall. continue to. be overseers.of. highways in
their respective districts or wards, until their, successors
shall be appointed,.
Overseers      * ~ 3. Whenever the. labor in any ward or district has
may assess
andscali out been worked out, commuted for or returned to the superpersons to
higwork, wne visor, and the highways are obstructed by snow, or otherby notw or wise, and written notice has-been given to the overseer by
otherwise.
any two or more inhabitants of the town, liable to pay-. As amended by chapter 593, Laws of 1869,




HIGHWAYS- AND BRIDGES.                               31
ment of highway tax, requesting the removal of such
obstruction, it shall be the duty of the overseer of highways in such district, and they are hereby required to
immediately call upon all. persons liable to highway tax
in their respective districts, to assist in removing such
obstructions; and such labor, so called for by the overseer, slhall be assessed upon those liable to perform the
the same in proportion to their original assessments, and
all persons so called out and failing to appear at the place Rates of
commutadesignated by the overseer, or to commute at a dollar a tion for such
extra highday, within twenty-four hours after due notice, shall be waylabor.
liable to fine at the rate of one dollar and fifty cents a
day, for each day's labor they may be required to perform,
which fine shall be collectible by the overseer, as such, by Fines, how
collected and
suit in justice's court, and shall be applied by said over- applied
seer to the purposes specified in this section. And if the Liabilities of
overseers to
said overseer of highways, after receiving the written fine, for neglect to open
notice, as aforesaid, neglects, without good and sufficient highway.
reasons, to have such highways opened, without delay, he
shall be liable to a penalty of five dollars per day for
every day he neglects such duty, the penalty to be collected in justice's court, with costs, by any one suing for
the same, and the said penalty shall be paid over to the How recovcommissioners of highways, for the use of the town.        plied.
(~~ 4 and 5 amend chapter 522, SLaws of 1865.)
~ 6. This act shall take effect immediately.




).:2                   LAWS OF NEW  YORK.
Chapter 24.
AN ACT in relation to the opening of roads
through lands devoted to Vineyards.
Passed February 20, 1869.
iT/e Peaple of the State of New Yorki, re)resented in
Senate ancd Assembly, d enacct as follows:
Consent of   SECTION 1. Private lands on which grape vineyards
owner of
vineyard re- have been planted, and have had one or more year's
quisite.
growth, shall not be taken for public highways or private
roads, except with the consent of the owner or owners
thereof.  This act shall only apply to lands used in good
faith for vineyard purposes, and shall not apply to lands
within the corporate limits of any city or village, nor to
any lands on which a vineyard shall hereafter be planted
after an application for the opening of a road therein
shall have been made.
~ 2. This act shall take effect immediately.
Chapter 131.
AN  ACT for the  erection  and  maintenance of
watering troughs in the public highways.
Passed April 7, 1869; three-fifths being present.
Ta/e Peop7e of tke Stcate of New Yorvk, represented in
Senate ancnd Assemnbly, do enact as follows:
Abatement   SECTION 1. The overseer of the highways in the several
of i], highway road districts of this State shall abate three dollars from
tax a allowed.
the highway tax of any inhabitant in his district who
shall construct, and during the year previous keep in
repair, a watering trough beside the public highway, well
supplied with water, the surface of which shall be two
and a half feet or more above the level of the ground, and
Number of
watering easily accessible for horses with vehicles; but the said




HIGHWAYS AND BRIDGES.                            33
overseers of highways respectively may designate the troughs, may
number necessary for the public convenience in eachted.
district, and no others but those designated shall be
allowed this abatement of tax.
~ 2. This act shall take effect immediately.
Chapter 322.
AN ACT to encourage the planting of shade trees
along the sides of public highways.
Passed April 26, 1869; three-fifths being present.
The People of the State of New  York, represented in
Senate and Assenbljy, do enact as. follows:
SECTION 1. Any inhabitant liable to highway tax, who Abatement
of hihway
shall transplant by the side of the public highway anytax allowed.
forest shade tree of suitable size, shall be allowed by the
overseers of highways, in abatement of his highway tax,
one dollar for every four trees so set out; but no row of
elms shall be placed nearer than seventy feet; no row of
maples or bther forest trees nearer than fifty feet, except
locusts, which may be set thirty feet apart; and no allowance, as before mentioned, shall be made, unless such
trees shall have been set out the year previous to the
demand for said abatement of tax, and are living and well
protected frim animals at the time of such demand.
~ 2. Any trees transplanted by the side of the public Allowance
for trees
highways, as aforesaid, in the place of trees which have transplanted
in place of
died, shall be allowed for in the same manner and in the dead trees.
same conditions as in the preceding section.
~ 3. No person shall be allowed an abatement of his Abatement
highway taxes, as aforesaid, more than one-quarter of his
annual highway tax, and no one shall receive any abate- Act not to 1) b
retrospecment of tax for trees transplanted previous to the passage tive.
of this act.
~ 4. This act shall take effect immediately.




FERRIES.
Chapter 30.
AN ACT to authorize the erection of posts, with
the necessary appendages, for rope ferries.
Passed February 28, 1861.
-The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
Rope ferries. SECTION 1. It shall be lawful for any person or persons,
licensed under the laws of this State, to keep a ferry, with
the consent, in writing, of the commissioners of the highways, or a majority of them, to erect and maintain, within
the limits of any highway, at such point as shall be designated in said consent, a post or posts, with all necessary
braces and appendages, for a rope ferry.
~ 2. This act shall take effect immediately,




PLANK AND TURNPIKE ROADS.
Chapter 780.
AN ACT to amend chapter two hundred and fifty
of the Laws of eighteen hundred and fortynine, entitled "An act in relation to plank
roads and turnpike roads."
Passed June 29, 1865.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. Section four of chapter two hundred and
fifty of the Laws of eighteen hundred and forty-nine, is
hereby amended so as to read as follows:
~ 4. Whenever any plank road company, formed under oll gatee
may be erectthe before mentioned act, shall have finished their road,,n o Cominspection of
or any mile thereof, and had the same inspected, as pro- ronad,e or one
vided in the before mentioned act, it shall be lawful to milethereof.
erect a toll-gate thereon, and to exact tolls thereat at the
rate in the said act provided.
~ 2. This act shall take effect immediately.




36                     LAWS OF NEW YORK.
Chapter 780.
AN ACT in relation to the sale of plank roads
and  turnpike roads upon the foreclosure of
mortgages thereon, and to provide for the
incorporation of the purchasers at such sales,
into companies, to own and operate such roads.
Passed April: 24, 1866.
The People of the State of -New York, represented in
Senate and Assembly, do enact asfollows8:
Purchaseron  SECTION 1. Whenever any plank road, or turnpike road
foreclosure,
to operate shall be sold upon the foreclosure of any inortgage, given
road.
by such company upon its road and franchise thereof to
secure the payment of any bond or bonds of such company, it shall be lawful for the purchaser or purchasers
thereof, at such sale, and they are hereby authorized to
maintain and operate such road, in the same manner, with
the same privileges and subject to the same restrictions,
in all respects, as the company owning such road could
do at the time such sale was made.
Corporation   ~ 2. Such purchaser or purchasers, on associating with
may be formed, by pur- him or them  not less than four persons, may be formed
chaser and
associates. into a corporation for the purpose of owning and operating such plank road or turnpike road, upon complying
with the requirements of section second of an act entitled
"An act in relation to the sale of plank roads and turnpike roads, on execution, and to provide for the incorporation of purchasers, at such sales, into companies, to own
and operate such roads," passed April fifteenth, eighteen
hundred and fifty-seven.*
Act. how to ~ 3. This act shall apply as well to any such sale hereapply.
tofore as hereafter made, savinlg, however to the stock* See Highway Laws of 1860, page 134,




PLANK AND TURNPIKE ROADS.                            37
holders of such company or any of them, such right as
they or either of them had, at the time of the passage 6f
this act, under any such sale heretofore made.
~ 4. This act shall take effect immediately.
Chapter 234.*
AN ACT in relation to plank roads and turnpike
roads.
Passed April 17, 1869.
TThe People of the State of New  York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. No plank road or turnpike road company, Certain
plank and
corporation or association heretofore formed or organized turnpike
companies,
under the act entitled "An act for the incorporation of deemed duly
Ilncorporacompanies to construct plank roads and companies to ted.
construct turnpike roads," passed May the seventh, eighteen hundred and forty-seven, and the several acts amending the same, shall be deemed invalid or to have forfeited
any of its powers, rights or franchises by reason of any
failure on the part of such company or the persons organizing the same, to have complied with the requirements
of such acts, in the formation or organization of such
company, as to the number of stockholders or persons
who signed the articles of association of such company
or association; or in the publication of notices in the
organization thereof; or by reason of any informality or
defect in the signing such articles of association, or in
the publication of the notices aforesaid.: And the stockholders, officers,and creditors of every such company are
hereby declared to have the same rights and the stockholders to be subject to the same obligations and liabilities as if such company had strictly complied with all the
requirements of the law aforesaid, to create and perfect a
* This chapter is a re-enactment of chapter 248, Laws of 1862.




88                      LAWS OF NEW YORK.
Proviso.   complete body' corporate; provided that this act shall
only apply to such companies as shall have attempted an
organization, and shall have actually constructed a road
wholly or in part according to their articles of association.
Pendin acts  ~ 2. Nothing in this act contained shall affect any suit
not to be affected.    or proceeding now pending in any court of this State.




GENERAL DRAINAGE ACT.
Chapter 888.
AN ACT to amend title sixteen, chapter eight,
part three of the Revised Statutes, relative
to proceedings for the draining of swamps,
marshes and other low or wet lands, and for
draining farm lands.
Passed May 12, 1869; three-fifths being present.
The People of the /State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. Title sixteen, chapter eight, part three of
the Revised Statutes, is hereby amended so as to read as
follows:
~ 1. Any person or persons owning or possessing any Petition to
county
swamp, bog, meadow, or other low or wet lands within judge, for
appointment
this State, who shall be desirous to drain the same, andof three cormwho shall deem it necessary in order thereto that a ditch
or ditches, or other channels for the free passage of water
should be opened through lands belonging to anotherperson or other persons, and any person or persons who shall
deem it necessary for the public health that any such
swamp, bog, meadow or other low or wet lands Ishall be
drained, may present a petition, duly verified, to the
county judge of the county in which such lands lie, or to




40                       LAWS OF NEW YORK.
the county judge of any county in which a part of such
lands lie, in case the same are situated in more than one
county, setting forth the fact, and the names of the owners
of all lands to be affected by the, proceedings, and
praying for the appointment of three commissioners for
the purposes and with the powers hereinafter set forth.
Application Two or more applications under this section, respecting
may cover
severaldtracts different lands or parcels within the some town or incorof land.
porated village, may be made by one proceeding or petiCounty   tion; or two or more such proceedings or petitions may,
judge, may
consolidate in the discretion of the county judge, upon the applicaplications.  tion of any party in interest, be consolidated, and one commission be appointed for all, and in such case the proceedings shall continue thenceforth as if but one petition had
Supervisor been presented, or one proceeding commenced.  The
or village
president,  application provided for by this section may be made by
may mlake
application  the supervisor of any town, on behalf of the town, or by
the president or board of trustees of any incorporated village, on behalfof said village.
qualifica-  ~ 2. The said, county judge to whom  such application
tions of commissioners. is made, if satisfied that such drainage is necessary, shall
thereupon  appoint and commission three persons, who
shall be freeholders in the county or counties wherein the
lands are situated, and who shall not be interested in the
said lands, nor in any of them, and one of whom shall be
a civil engineer or surveyor, if there be one within the
To deter-  county, to hear and determine, first, whether it is necesmine necessity of drain- sary, in order to drain such lands, that a ditch or ditches,
ing lands.
or other channels for the free passage of water, should be
opened through lands belonging to others; second,
Demands of whether it is necessary for the public health that such
public health
to be consi- lands shall be drained; and to take such other and furdered.
ther steps with reference thereto as are hereinafter provided for.
Official oath   ~ 3. The said commissioners shall, before they enter
of commissioners.   upon the duties of their office, make and file an oath with




GENERAL DRAINAGE ACT.                                41
the county clerk of the county in which they are appointed,
that they will faithfully discharge the duties of their office
according to the best of their knowledge and ability.  A Majority may
act.
majority of the commissioners present at any meeting of
which all have notice, may exercise the powers of the
commission.  The commissioners shall, with all conve- To choose a
chairman
nient speed, after qualifying as herein provided, meet and nd treaorganize by appointing one of the members chairman
and another treasurer of the commission.  The treasurer Treasurer to
receive and
shall collect and be the custodian of all moneys to be col- disburse
moneys.
lected or received by the commissioners under the provisions of this act, and shall pay out the same only upon the
orders of the commissioners, signed by at least two of said
commissioners. The treasurer shall, in all cases when the To give officialbond, in
amount to be collected or received by him  exceeds five certain cases.
hundred dollars, give a bond with sufficient sureties to the
supervisor or supervisors of the town or towns in which
said lands are situate, and to be approved by the county
judge, for the faithful performance of the duties of his
office.  Such bonds to be filed in the office of the clerk of
the county.
~ 4. The said commissioners shall, after notice to the Commissionpetitioner and the parties named in the petitions, in such lands.i
manner as they shall order, proceed by personal view of To determine as to
the lands and otherwise to determine whether it is neces- necessity of
constructing
sary in order to drain such lands, that a ditch or ditches ditches.
or other channels for the free passage of water shall be
opened through lands belonging to others than the petitioner or petitioners, and also whether it is necessary for Publichealth
to be conthe public health that such lands shall be drained.         sidered.
~ 5. The said commissioners shall file in the office of Determination of necesthe county clerk for said county their determination, sityfordrainsigned by them (or by a majority of them if they do not fieud with
all concur), and give notice of such filing to all whom it Notice of
~         such filing to
may concern, by publishing such notice at least two times be published.
in some newspaper printed in said town in which the
6




42                       LAWS OF NEW YORK.
lands are situated, or if there be no such newspaper, then
Service of  in the newspaper printed in the nearest town thereto, and
notice upon
interested  by mailing a copy of such notice so printed to the address
persons.
of each person interested in such lands not personally
Appeals   served with such notice.  Any party feeling aggrieved by
mination.  such determination may appeal therefrom  to the said
county judge by giving written notice of such appeal to
said commissioners within ten days after the last publicaCountyjudge tion of such notice.  The said county judge shall thereto hear and
dtpeerme upon, on motion of either party, and on at least ten days'
notice to the said appellant or appellants, proceed to hear
Attendance s aid appeal and to determine the same.  r'he attendance
of witnesses.
of witnesses may be compelled as in civil actions in the
county court, with like fees.
Commission-  g 6. If it shall be adjudged and determined either by said
ers to have
survey of commissioners or by the said county judge, on appeal, that
lands made.
for the benefit of the public health such ditches, drains,
or channels should be opened, or that such lands should
be drained, it shall be their duty (unless the same shall
be done by the petitioner and owners of such lands to
their satisfaction), to cause an accurate survey of all the
Scale of map. said lands to be made, and a map thereof to be made on
Map to show a scale of one hundred feet to one inch, showing all the
lands proposed to be lands that are proposed to be drained, the number of
drained and
names of acres in each separate tract to be benefited by such drainowners.
age, the names of the owners and occupants thereof, so
To show   far as can be ascertained, and the relative levels. of each
levels, size
and courseoftract~ and the width, depth, slope of sides, shape and
ditch.
course of such ditch or ditches or channels for the passage of water, as they shall determine to be necessary for
May employ the drainage of such lands. And for the purposes of this
surveyor.
act, such commissioners are empowered to employ a competent civil engineer or surveyor, or to authorize such
commissioner as may be a civil engineer or surveyor, to act
May entoer- as such, and to enter upon any and all the lands named
vey      in the petition or deemed necessary by such commissiontake levels. in the petition or deemed necessary by such commission



GENERAL DRAINAGE ACT.                                43
ers, and survey the same and take the levels thereof, and
by themselves, their servants and agents to do all things
necessary to the preparation for the construction, and
necessary for the construction and completion of all such
ditches and channels for the passage of water as they
shall deem  to be necessary for the complete drainage of
the said swvamps, bog, meadow or other low lands.
~. 7. The said commissioners shall, in the completion of Map tobe
certified and'the work, cause such map, certified by them, to be filed filed with
I            county clerk.
in the office of said county clerk, which, or a duly authenticated copy of which, may be used in evidence in any
suit or proceeding in this State.
~ 8. The said commissioners shall be paid for their ser- Compernsation of cornvices three dollars each, for each full day actually employed missioners.
in their said duties.  They shall keep an account of all Expense of
work and
their expenses, and of all the costs and expenses incurred land dnan-:     I                                            ages, to  be a
in draining said lands, including all the costs and expenses oleon lan]ds
in                               al the osts andexpensesbenefited.
incurred in any proceedings under this act, and preliminary or incident thereto, and any land damages as hereinafter provided, all of which shall be a lien upon the
property benefited.  And in case it shall be necessary to May borrow
moneys for
raise funds for construction of said ditches or orchards, or construcland damages, before the assessment hereinafter provided or orchard
damages.
for can be made and collected, the said commissioners are
hereby empowered from time to time, with the approval
of the county judge, to borrow so much money as may be
necessary therefor, upon such evidence of indebtedness as Xay issue
evidences of
they may deem  proper, bearing interest at the rate ofindebtedness
seven per cent per annum, payable upon the cozmpletion
of such assessment and collection; and the interest accruing thereon shall be assessed as other expenses for, the said
construction.  Such evidences of indebtedness shall not
be issued for less than par; and shall be rc~,3ivable in
payment of such assessments.
~ 9. Any person whose land is tael n in the c( mnstruction Commissionof any such ditch or channel sh paider to pay magesnd
of any such ditch or channel  sh~[ll be paid.  1jy   said Cn, dacom- amgesill




44                        LAWS OF NEW YORK.
caseofagree- missioners on or before the commencement of the work
ment.
the value of the land so taken, and such other injuries as
the party may sustain; and if the commissioners cannot
May acquire agree with ally person upon the compensation and damatitle to  easement.     ges for making and maintaining forever such ditches or
channels, the said commissioners shall proceed to acquire
title to the said easement upon and across the land of such
Proceedings person in the manner, so far as the same is applicable,
therefor, to
be tker ens prescribed by chapter one hundred and forty of the Laws
rar r'oad of eighteen hundred and fifty, entitled " Aln act to authorize the formation of railroad corporations, and to regulate
the same,"' and the acts supplemental and amnendatory
thereto; and for the purpose of acquiring such easement
under the statute last mentioned such commissioners are
hereby granted the powers therein granted to a railroad
corporation, so far as is necessary to acquire title to said
Several easements, may easement and no further.  The easements over and upon
be obtained
by one pro- all lands included in or affected by the work determined
ceeding.
upon by the commissioners may be obtained by one proceeding under this section.
Commission-  ~ 10. The said commissioners shall, as soon as the said
ers to make
statement of Costs expenses, land damages and compensations, herein
costs,  land,  I
damages,&c. before provided for, can be determined and ascertained,
make a complete and detailed statement thereof, including
all the claims of said commissioners, which statement shall
be duly verified by said commissioners, or by a majority
To deter-  of them.  They shall also, in case they have decided that
mine, how
much there- the public health requires that such lands shall be drained,
of, should be        
borne by   determine whether any, and, if so, how much of the said
town, village
where ty S S1 shall be assessed to and paid by the incorporated vilpublic health
require the lage or villages, town or towns, or county in which the
drainage.
Toapportion lands are situated, and they shall apportion all of the said
and assess
such expen- sum, except so much thereof as they shall determine shall
ses, upon
owners of  be paid by said village or villages, town or towns, or
adjacent
lands, in pro- county, among the several owners or occupants of such of
portion to
benefits.   the lands included in the said map, or adjacent thereto, as




GENERAL DRAINAGE ACT.                                 45
they shall deem to be benefited by the said drainage, in
proportion to the amount of benefit which each receives
therefrom; and the several amounts'so adjudged shall Assessments
constitute liens upon the respective tracts until paid, or apnod such
otherwise removed, with interest from the service of notice
of such decision of the said commissioners, as hereinafter
provided.  The said commissioners shall file, in the said Copy of assessments, to
office of the clerk of said county, a copy of the said statement, be filted ith
and of the said determination as to the village, or town, Also copy of
determinaor county, in case there be ally such, and of the said tion, asto
town, village
apportionment, certified by them, which, or a duly authen- or county
ticated copy of which, may be received in evidence in any of asses  -
suit or proceeding in this State. They shall also cause Notice in
writing to be
each person, whose lands are assessed by them to pay any served upon
persons aspart of such sum, to be notified, in writing, of the filing sessed.
of the said statement, and also the supervisor of any town, Notice to
town, village
or the president of any village, that may be assessed, and or county authe chairman of the:board of supervisors of any county
that may be assessed.  A  copy of such notice, with the Proof of service.
affidavit of the person  who served the same, that he
delivered  the original to the person to whom  it was
addressed, shall be evidence to show  such service.  Any Appeals to
county judge
person deeming himself aggrieved thereby, or any such for correcofficer deeming his village or town or county aggrieved, seesment.
may appeal from the decision of the said commissioners
to the said county judge, for the correction of such assessment, provided he serves upon said commissioners notice of Notice of
appeal, to be
such appeal, within ten days after the service upon him of the served upon
commissionnotice of the filing of such statement, and the county judge ers.
shall thereupon proceed, without further delay than such as Duty of
county judge
is necessary to give proper notice to the parties interested, on appeal.
and to hear and finally determine the appeal. The county May associatejustices of
judge, to whom  any such appeal shall have been made, sessions
with him.
may, in his discretion, associate with him, on the hearing
of any such appeal, the justices of session of such county.
The county judge may award costs on such appeal to the Ceals n aPI 




46                        LAWS OF NEW YORK.
taxed by   successful party, not exceeding fifteen dollars, besides his
county
judge.    necessary disbursements, to be taxed by such county judge.
When, com-  ~ 11. The said commissioners shall, within thirty days
missioners
shall levy   after filing said statement, in case the same is not appealed
assessments from, and within thirty days after notice to them of the
final determination of the appellate court thereon, in
case the same is appealed fiom, levy the  assessments
Award-s for herein provided for, and proceed to collect the same.  In
damages, to
be deducted cases where any persons have been awarded land damages,
from assessments.    such damages shall be deducted from the assessment, and
Assess-    only the balance shall be collected.  In case it is determents upon
towins and  mined that any town. or village shall pay any part of such
villages, how
paid.    sum, the supervisor of such town or the board of trustees
of such village is authorized to borrow  money on the
credit of the town or village, as the case may be, to pay
Localauthor- the same, and the board of supervisors shall, at their next
ities, may
ooney and  annual meeting, include the amount assessed on any town
levy and
eetsamte. in the next tax levy on said town, together with any sum
to be-paid by said county, which shall be included in the
May issue  st11  to be raised for such county.  Money so borrowed
obligations
or moneey  shall be upon obligation of the village or town issued at
borrowed.
not less than par, bearing interest at seven per cent, payable out of the moneys raised by the next tax levy as aforesaid, and receivable in payment of such taxes.
Commission-  ~ 12. The said commissioners shall, as soon as practicaers to file
statement of ble, or whenever thereto ordered by any county judge,
moneys received and  make and file with the said county clerk, a full, true and
disbursed.
detailed statement of all the moneys collected or received
by them, and of whom collected and received; and also a
like statement of all sums expended or disbursed by them,
and on what account so expended or disbursed, including
all claims for service or personal expenses, which statement shall be verified as to each item by the said commissioners, or by some one of them having personal knowCountyjudge ledge thereof.  They shall present a copy of such statetice of audfiling, to the conty
ing thereof. me it so filed with the certificate of filing, to the county




GENERAL DRAINAGE ACT.                            47
judge of the county before whom such proceedings shall
have been initiated, who shall thereupon, by an order in
writing, which shall be served personally or as provided
for in section five of this act, appoint a time and place
when lie will examine and audit such statement.  At the
time and place appointed, the said county judge shall hear Heareing and
the proofs and allegations of such commissioners in respect thereon.
to such statement; and the proofs and allegations of any
person or persons interested, who shall appear by counsel
in opposition.  The said county judge may adjourn such
hearing from time to time, not exceeding three times in
all, nor more than ten days at any one time; and may Mayas8sojiate justices
associate the justices of sessions of the county with him. of sessions
After hearing the proofs and allegations of the respective
parties, the said county judge, or county judge and jus- To fefmalend
tices of sessions shall make such order in the premises as der, as to
such financial
shall be just to all parties, which order shall be filed and statement.
entered in the county clerk's office of the county, and the
same shall be final. The said county judge, or county Commission
may be clisjudge and justices of sessions, may dissolve said commis- solved.
sion on such hearing, or may give any directions that the
rights of parties and the public interest shall require; and Pay of justices of sesthe said justices of sessions shall, severally, be paid three sions.
dollars per day for their service, which several sums shall
be collected and paid by the commissioners as other How paid.
expenses under this act; except that said county judge,
or county judge and justices of sessions may order such
part of such per diem as shall be just to be paid by any
person or persons whom  they shall adjudge to have
objected to such statement maliciously or without reasonable cause. An appeal on questions of law arising under Appeals to
supreme
this act, may be taken from the decision of any county court.
judge, or county judge and justices of sessions, to the
supreme court at any time within thirty days after such
decision shall have been made and filed; and the same




48                        LAWS OF NEW YORK.
shall be heard as appeals from  an order are heard; costs
thereon to be adjudged in the discretion of the court.
Description    ~13. In case any of said assessments, made and perof lands,
upon which fected as provided for in this act, shall not be paid
drainage tax
remains un- within thirty days after the same shall have been made
paid, to be
published. and demanded of the owner of the land so assessed, or of
the occupant or person in charge, if any, or if the owner
shall be a non-resident of the county, and there shall be
no occupant or person in charge, and the owner's residence shall not be known, the said commissioners shall
proceed to make a proper description of the land  on
which such unpaid assessment is made, and they shall
cause the assessment and description to be published for
six successive weeks in a paper published in the town, or
if there is no paper published in the town, then in a
paper published in the nearest town to said land, together
with a notice that if the said assessment is not paid, with
the expenses of advertising, on or before a certain day, to
be therein designated, and which shall not be less than
Sale for such SiX weeks from the first publication thereof, the lands so
unpaid assessments  described will be sold at public auction to the person who
and expenses.    shall take them for the shortest period and pay the assessCertificate:to ment and expenses incurred thereon with interest.  On
be given to
purchaser  the day designated, or on such other day as the sale may
thereof.
be duly adjourned to, the said premises shall be so sold,
and the commissioners on receiving the money bid therefor shall give to the purchaser a certificate of such sale,
which certificate shall be presumptive evidence of all the
To be re- facts stated, and such certificate shall be recorded in the
corded.
office of the county clerk, as evidence of mortgage sales
under the statute is recorded, and the said certificate shall
Purchaser  authorize and empower the purchaser therein named, or
may enter
into posses- his assignee (such assignment to be in  writing, duly
sionof lands.                              to be in 
acknowledged, and in like manner recorded) on the first
day of April, July, October or January, then next, to
enter into and take possession of the said land so sold,




GENERAL DRAINAGE ACT.                             49
and to use, occupy and enjoy the same, with the rights of
a life tenant, during the time for which he shall have purchased the same, unless the same shall be redeemed as
hereinafter provided.
~ 14. The owner, mortgagee, occupant or other person Owner of
interested and entitled to redeem lands sold on execution, redeem the
may, at any time within fifteen months from the date of teen months.
such sale, redeem the lands by paying to the purchaser,
or to the county clerk, for his use the said purchase
money, with fifteen per cent per annum  in addition
thereto, together with any other tax or assessment which
the said purchaser may have paid, chargeable to said
land, and a certificate of the clerk, stating the payment o    certiy
and showing what land the payment is intended to lcate, toboe
evidence of
redeem, shall be evidence of such redemption, and shall redemption.
entitle the person so redeeming to a return of such lands.
Minors whose lands shall be sold may redeem at any time Rights of
after they shall become of full age on repaying the pur_
chase money, with seven per cent per annum interest
thereon to the purchaser; but the purchaser shall, in all Purchaser to
have a right
cases of redemption, have a right to all growing crops to growing
crops.
which he shall have sown after taking possession under
such certificate, and he shall have a right to remove all May remove
structures.
property or structures which he shall have put upon the
land after such purchase, provided the same can be
removed without serious injury to the reversion.  The County court
may correct
county court may, at any time, correct any manifest error rrors in proin any of the proceedings under this act, when such correction shall be in furtherance of justice, and the said
court may allow such amendments and make such orders
and impose such terms as shall promote the objects of
this act, and be equitable to all parties.
~ 15. Any person who shall willfully dam up, obstruct, Obstruction
of ditches, to
or in any way impair any ditch or channel or dam made be deemed a
misdemeain pursuance of this act shall be deemed guilty of a mis- nor.
demeanor, and upon trial and conviction shall be fined




50                        LAWS OF NEW YORK.
Fines to be not less than ten or more than one hundred dollars; and
paid to water
scommis-  fines collected in pursuance of this section shall, after
deducting the expenses of such trial, be paid to the water
commissioners of the town or towns in which such dams,
ditches or channels shall be, and shall constitute a fimund
pToed bfor a for keeping such dams, ditches or channels in repair, and
pairs.   shall be paid out by the water commissioners of the town
in which the land is situated, or a majority of them, for
the purposes aforesaid.
Supervisor,   ~ 16.'The supervisor and the commissioners of highand highway
commission- ways of the several towns, and the president of any incordent toeb   porated village, as to lands within such village, shall be
water commissioners. water commissioners of their respective towns; and in
addition to the powers now conferred by law upon them,
To ha gen- they shall have the general charge and supervision of all
of drains,
dams, &c. the dams, drains, ditches and channels made, completed or.To take pro- constructed in said towns, under this act.  Whenever it
ceedings to
dePer re- shall be necessary to open, deepen, repair, change, or do
change.dams,drains, any work to maintain and keep in repair any such dams,
*c.    ditches, drains or channels, and disputes shall'arise between
the owners of the lands on which such dams, drains,
ditches or channels are situate, regarding the same, the
Their    said water comnmissioners, or a majority of them, shall
powers and
duties, in  take proceedings similar to those authorized hereby, to be
case of dis- 
putes be-.  taken and had for the construction of such works, and the
tween land
alongdrain,said water commissionlers are hereby invested for such
purpose with the powers conferred upon original commissioners by this act. And where improvements of a nature
and. character similar to those hereby authorized, shall
have been made under the provisions of any special act,
To. maintain it shall be lawful for the county court of the county to
improve- 
unetspecia   cause the same hereafter to be maintained, kept in repair
acts.. and improved by the said water commissioners of the town
Powers to  or towns, under the  provisions of this act.  And the said
extend to
sbil-oirog water commissioners shall have like power and authority
in case of  in all cases of sub-soil or tile draining, when such sub-soil




GENERAL DRAINAGE ACT.                                 51
or tile draining shall be, in their judgment, absolutely sanitary necessity, if
necessary for public or sanitary purposes, and the owner land owners
cannot agree
or occupant of any land which such owner or occupant
shall be desirous of so draining for such purposes, shall
have to cross the lands of another, in order to get an outlet, and the owners of such lands shall not be able to agree
ill regard thereto.  And the said water commissioners water commissioners,
shall have power and authority to make all such needful to makertlles
as to tile
rules and orders in regard to such sub-soil or tile draining d.rainage of
lands, for
as shall be necessary to promote and secure the proper public or
drainage of all farming lands by the owners thereof, who potes.ar purshall desire to drain the samne for public or sanitary purposes, without doing unnecessary injury to others, or to Public highway not to be
the public highways in which such drains may be dis- injured
charged; provided that in all cases where an easement for thereby.
such drains shall be procured upon the lands of another,
the said drains shall be neatly, safely and expeditiously  rains to be
covered.
put down and covered, and the surface restored as nearly
as may be to its original appearance; and no drains Not tocross
authorized by this act shall be put across any door yard, chards, vineyards, &c.,
enclosed garden, orchard or vineyard, nor shall any tree without conor building be removed without the owner's consent.
17. All acts and parts of acts inconsistent with this Repeal
act are hereby repealed; but such repeal shall not affect
any suit or proceeding now commenced and pending. But Special acts
to remain in
nothing in this act contained shall be held or construed to force.
apply to any ponds, for the draining of which provision is
already made by law.
~ 18. This act shall take effect immediately.
STATE OF NEW YORK,   ~ s.
OFFICE OF THE SECRETARY OF STATE.
I have compared the preceding chapters and parts of chapters with
the original laws on file in this office, and do hereby certify that the
same are correct transcripts therefrom, and of the whole of said chapters, and of the parts or extracts thereof, as published herein.
HOMER A. NELSON,
Secretcary of State.








I ND    X.
ANIMALS.                                                                               -PAGE.
menageries of, use of highways by..................................    9
pasturing or herding of;, in highways, prohibited............23,  24
running at large of, prohibited......................23,  24
sale of, under cattle law.............................................  25
sidewalks, protection from  cattle...................................   14
APPEALS.
proceeding in encroachment actions.................................    11
BOARDS OF SUPERVISORS.
assessment by, of uncommuted highway tax upon lands                                   20
BRIDGES.
commutation moneys, how expended..............................31,  22
dog tax, balance may be voted for, in certain counties............1....   16
penalties paid by overseers, application  of...........20,  21
re-assessed highway tax, applicable for..........................  20
repair of, when injured by elements...................1.............  i8
State bridges, penalties for injury to...........................1.......   12
CANAL BRIDGES.
penalties for injury to................................  12
CATTLE LAW.
See animals.
COMMISSIONERS OF HIGHWAYS.
appointment of overseers of highway by...................      30,  21
compensation of, when repairing bridges, injured by elements........   19
drainage, to be water commissioners for.............................  50
election of..........................................................  21
encroachments, act relative to......................................  10
examination of accounts of, by town auditors.........................   14
financial statement of, to be read at town meetings...................  14
re-assessed highway tax, to be paid to...............................  20
repair of roads and bridges, injured by elements........................  18
road warrants, delivery of, to overseers..............................  15
rope ferries, duties in relation thereto................................ 34




54                                    INDEX.
COMMUTATION.                                                                     PAGE.
expenditure of, by overseers...................................... 22,  31
rates of commutation for highway labor........................... 22,  31
re-assessed rates, after October first................................19, 20
CONSTABLES.
duties of, under cattle law......................................  25,  26
COUNTY JUDGE.
duty under drainage act......................................40, 42,  49
duty of, in appeal cases.....................................  11, 28, 42
DOG TAX.
disposition of balance of, in certain counties..........................  16
Ontario county law, may be extended to other counties................  17
DRAINAGE.
commissioners of highways, to be water commissioners for............  50
general drainage act.......................................        39
ENCROACHMENTS.
See highways.
FERRIES.
rope ferries, appendages for.....................................  34
HIGHWAY COMMISSIONERS.
See commissioners of highways.
HIGHIWAY TAX.
re-assessment of.............................................  19,  20
HIGHWVAYS.
commutation for highway labor, rates of..........................22,  31
commutation moneys, how expended..............................22,  31
dog tax, balances may be voted for, in certain counties................  16
encroachments upon, relative to.....................................         10
highway tax, re-assessment of, by boards of supervisors.......    20
highway tax to be worked out in proper road district............  23
list of uncommuted highway tax to be delivered to supervisor......    19
obstructions in, removal of.................................            30
pasturing or herding of animals in, prohibited....................3,  24
penalties paid by overseers to be applied for...................20, 21,  31
re-assessed highway tax to be applied for.............................  20
repair of, in case of damage from elements............................  18
running at large of animals in, prohibited.................                23,  24
sidewalks, along sides of............................................  13
shade trees along sides of.......................................13,   33
snow, removal of obstructions arising from............................  30
vineyards, opening of roads through................................   32
watering troughs, maintenance of.................................  32
wild or rare animals, provisions relative to driving of, in...............   9




INDEX.                                     55
JUSTICES OF THE PEACE.                                                      PAGE.
duties under cattle law............................................ 24
encroachments, proceedings relative to...............................    10
See also town auditors.
MENAGE-RIES.
wild animals attached to, how driven................................   9
NON-RESIDENT LANDS.
re-assessment of highway tax upon.............................19, 20
OBSTRUCTIONS.
See highways.
OVERSEERS OF HIGHWAYS.
acceptance of office not required.....................................  30
acceptance of road warrants, effect of..............................   15
annual return to highway commissioners, to show uncommuted assessments........................................................... 21
appointment of, by highway commissioners.......................21,  22
commutation moneys, how expended by.........................,  22
list of uncommuted highway tax, to be delivered to supervisor........' 19
obstructions in highways, removal of................................ 80
penalty for neglect to account for moneys received.................... 21
penalty for neglecting to deliver list of unworked highway tax...... 20
penalty for neglect to remove obstructions................. 31
shade trees, abatement of highway tax for................. 33
snow, removal of obstructions arising from.............................. 30
to hold office until appointment of successors......................... 30
watering troughs, maintenance of, in highways.......................  32
PATH MASTERS.
See overseers of highways.
PLANI  ROADS.
informalities in organization, not to invalidate..............  37
purchasers of, at mortgage, sales may organize.........             36
toll gates, erection of................................................  35
ROAD COMMISSIONERS.
See commissioners of highways.
ROADS.
See highways.
ROPE FERRIES.
appendages for.................................................. 34
duties of highway commissioners, relative to.......................  34
SHADE TREES.
planting of, along highways.................................3......3,  13
SIDEWALKS.
making of, outside of cities and villages..............................  13




56                                    INDEX.
SNOW.                                                                            PAGE.
removal of, when obstructing highways...............................  30
STATE BRIDGES.
penalty for injury to................................................          12
SUPERVISORS.
disposition of dog tax in hands of, in certain counties.16
overseer of highways, to deliver list of uncommuted highway tax to....  19
water commissioners, under drainage act..............................  50
See, also, board'of supervisors and town auditors.
TowN AUJDITORS.
consent of, requisite to make extraordinary repairs..................    18
examination of accounts of highway commissioners by...............  14
extraordinary repairs of roads and bridges to be audited........               18
TowN CLERK.
certificate of settlement with highway commissioners, to be filed by            14
overseers of highway, to serve notice of appointment upon............  22
road warrants, to make copies of......................................  15
See also town auditors.
TOWN MEETINGS.
dog tax, balance may be voted by, for highways, in certain counties.....  16
highway commissioners, statement of accounts of, to be read at.........  14
TUJRNPIKE ROADS.
informalities in organization not to invalidate........................   37
purchasers of, at mortgage sales, may organize........................         36
VILLAGES.
highway tax in, disposition of, under special acts......................  23
president of, to be a water commissioner..............................
street commissioners in, duty of, under cattle law.                            24
VINEYARDS.
Opening of roads through...........................................  32
WATER COMMISSIONERS.
commissioners of highways, &c., to be drainage commissioners.....             50
WATERING TROUGHS.
allowance of highway tax for maintenance of.........................           82
number of in, each road district......................................         3