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HERDSGRASS. See Domestic Commerce Law, $ 8.
HERETOFORE; HEREAFTER. DEFINED; see Statutory Construction Law, $ 9.
tution, 29; Supreme Court, S 31.
See also County Law. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 63, p. 80; and as to towns in, see id., c. 64, p. 47.
HERKIMER, Town OF.
HERMON, Town OF.
HIGHER EDUCATION. DEFINED; see University Law, $ 2.
HIGHLAND, Town OF, IN ORANGE COUNTY. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 35.
HIGHLAND, Town OF, IN SULLIVAN COUNTY.
HIGHLANDS, Town OF.
HIGH MARKET, Town OF.
THE HIGHWAY LAW (Being CHAP. 19 OF THE GENERAL Laws). ART. I. HIGHWAY OFFICERS, THEIR GENERAL POWERS AND DUTIES.
ANCE OF HighwAY LABOR. (S$ 60–74.)
LAYING Our PRIVATE ROADS. (SS 80–123.)
Note.— By L. 1893, c. 655, the governor was to designate some proper person to prepare and
publish on or before July 1, 1893, a compilation of the highway laws of this state, defining the powers and duties of highway Officers and resident taxpayers. Such manual was to contain diagrams and practical suggestions and directions for grading and build. ing roads, maintaining and improving the same, and removing obstructions therefrom; and also practical suggestions iu regard to tree culture, and the laying out of lawns along highways. The state engineer and surveyor was to cause to be prepared and furnished such maps, diagrams and other drawings as the governor should require for such compilation, and the compilation was not to be published until approved by the governor. Copies of the manual were to be forwarded to each town clerk, who was to retain one copy for his office, and give one copy to each commissioner of highways and overseer of highways in his town; such manuals to remain the property of the town, and upon the expiration of the term of office of each commissioner and overseer of highways to be returned to the town clerk, who should deliver the same to the successors in office of such commissioners and overseers.
ARTICLE I. Highway Officers, Their General Powers and Duties. § 1. Short Title.
2. Treasurer of Highway Commissioners. 3. Powers of One Commissioner. 4. General Powers of Commissioners. 5. Mile-stones and Guide-boards. 6. Road Machines and Implements. 7. Stone-crushers and Materials. 8. Custody of Stone-crushers. 9. Additional Tax. 10. Extraordinary Repairs of Highways or Bridges. 11. Auditing Expense Thereof. 12. Accounts, how Made Out. 13. Unsafe Toll-bridge. 14. Water Pipes in Highways. 15. Actions for Injuries to Highways. 16. Liability of Towns for Defective Highways. 17. Action by Town against Commissioners. 18. Audit of Damages without Action. 19. Reports of Commissioners. 20. General Duties of Overseers. 21. Opening Obstructed Highways. 22. Penalties against Overseers. 23. Penalties, how Collected. 24. Compensation of Overseers.
1 Short title. This chapter shall be known as the highway law. L. 1890, c. 568, § 1. New.
2 Treasurer of highway commissioners. When there is more than one commissioner of highways in any town, they shall designate one of their number to be treasurer. If they fail so to do, the commissioner longest in office shall be the treasurer; and all money collected for highway purposes, or belonging to the highway fund of the town, shall be paid to him. Before receiving such money, he shall execute to the town an undertaking, to be approved by the supervisor, to the effect that he will faithfully account and pay over to any officer or person entitled thereto, any money that may come into his hands as sạch treasurer. Id., $ 2. Note.- Revised from L. 1873, c. 395, $ 5. (See Birdseye's R. S.; 1st ed., p. 1342.) This
official was formerly known as the president instead of the treasurer. See also Town
Law, SS 12, 17, 63. 3. Powers of one commissioner. When any town has but one commissioner of highways, the term, commissioners of highways, when used in this chapter, shall mean such one commissioner. Id., § 3. Note.-Revised from L. 1873, c. 395, $ 6, and L. 1881, c. 644. (See Birdseye's R. S., 1st ed.,
p. 1342.) Without material change. See also Town Law, $ 17.] 4 General powers of commissioner. The commissioners of highways in the several towns, shall have the care and superintendence of the highways and bridges therein, except as otherwise specially provided in relation to incorporated villages, cities and other localities; and they shall
1. Cause such highways and bridges to be kept in repair, and give the necessary directions therefor;
2. Cause such highways as shall have been laid out, but not sufficiently described, and such as shall have been used for twenty years, but not recorded, to be ascertained, described and entered of record in the town clerk's office;
3. From time to time, not oftener than once a year, divide the town into so many highway districts as they shall judge convenient, by writing, under their
uch as mas they shauch of the
hands, to be filed with the town clerk, and by him to be entered in the town book, at least ten days before an annual town meeting; 12 N. Y. Supp. 169, 170.
4. Assign to each of the highway districts such of the inhabitants and corporations liable to work on highways, as they shall think proper, having regard to proximity of residence as much as may be;
5. Within one week after each annual town meeting, make and file with the town clerk, a written appointment of a resident of each district, to be overseer of highways therein. The town clerk shall notify each overseer of his appointment, within ten days after the filing thereof; and the person so appointed and notified, shall thereupon become and be the overseer of highways within his district for one year, and until his successor shall be appointed. If any person so appointed overseer, shall refuse to serve, or his office shall become vacant, the commissioners shall in like manner appoint some other person to be overseer; 46 Hun, 41; 114 N. Y. 317.
6. Require overseers of highways to warn all persons and corporations assessed to work on highways, to come and work thereon, with such teams and implements, and at such times as the said commissioners, or any one of them shall direct;
7. Expend all moneys raised and collected from the town at large for highway purposes, upon the highways and bridges situated in, or upon the borders of the town, or highway districts assigned to the town in which such moneys were raised and collected, in such proportion as they may deem just and proper.
8. Have power to enter upon the lands of any person adjoining any of the rivers, streams or creeks of the state, drive spiles, throw up embankments, and perform such other labor as may be necessary upon the banks of such rivers, streams or creeks for the purpose of keeping them or any of them within their proper channels and preventing their encroachment upon any of the highways of the state, and to protect such highways and the property of the town from damages by reason of such rivers, streams or creeks washing away their embankments, or changing the location of the channels, and to agree with the owner of any such lands upon the amount of damages, if any, sustained by him in consequence of such entry upon his lands and the performance of the work herein authorized, and the amount of the damages so agreed upon shall be a town charge, and shall be audited and paid in the same manner as other town charges. If the commissioners are unable to agree with such owner upon the amount of damage thus sustained, the amount thereof shall be ascertained and determined and paid in the same manner as damages for the laying out and opening of highways are required by law to be ascertained, determined and paid, where the commissioners and land owner are unable to agree upon the amount thereof. L. 1890, c. 568, $ 4, subd. 8, added L. 1891, c. 212. [Note.- Revised from L. 1837, c. 431, $ 7; L. 1853, c. 63; L. 1865, c. 522, $ 7; L. 1880, c. 503;
L. 1868, c. 791, $ 1; L. 1873, c. 395, $ 6, 8; L. 1881, c. 644; 1 R. S. *p. 501, 81; id. p. 504, SS 14, 15. (See Birdseye's R. S., 1st ed., pp. 1327, 1331, 1332, 1337, 1342.) In rearranging and consolidating the various provisions from which this section has been taken there
have been some material changes made.] 1 Den. 510; 2 Hill. 466; 6 id. 464; 5 id. 494; 7 Wend. 476; 24 id. 492; 8 Barb. 645: 7 id. 416:
11 id. 457; 15 id. 480; 19 id. 179; 24 id. 176; 27 id. 627; 32 id, 641; 36 id. 565; 44 id. 596; 5 Sandf. 297: 10 How. Pr. 243: 29 N. Y. 297: 44 id. 5: 74 id. 315; 12 id. 52: 2 Hun. 436: 3 id. 528; 4 id. 262; 46 id. 41; 80 id. 101; 29 id, 185; 34 id. 142; 51 id. 494; 57 id. 346; 78 id. 280; 31 N. Y. St. R. 29, 193; 32 id. 408; 33 id. 698; 34 id. 487; 43 id. 913; 44 id. 86; 61 id. 792; 35 id. 369; 37 id. 138; 39 id. 709; 49 id. 261, 619; 60 id. 227; 93 N. Y. 397; 70 id. 434; 56 id. 383; 6 id. 258; 28 id. 465, 475; 116 id. 476; 132 id. 239; 134 id. 397; 135 id. 347; 44 id. 116; 35 id. 329: 51 id. 504; 83 id. 432; 12 id. 52; 127 id. 40; 114 id. 317; 77 id. 315; 120 id. 332; 123 id. 351; 30 N. Y. Supp. 25; 8 id. 191; 10 id. 841; 16 id. 596; 20 id. 931; 15 id.
605, 606; 4 id. 269, 283; 6 T. & C. 483. 5 Mile-stones and guide-boards. Commissioners of highways may cause mileboards or stones to be erected upon the highways in their town as they think proper; they shall also cause guide-posts, with proper inscriptions and devices, to be erected at the intersectings of such highways therein, as they may deem
necessary, which shall be kept in repair at the expense of the town, by the overseers of the highways of the districts in which they are respectively located. Upon the written application of five resident taxpayers of any town or twenty resident taxpayers of the county in which any such town is located to the commissioners of highways, requesting the erection of one or more guide-boards at the intersection of highways in such town, the commissioner of highways shall cause to be erected at the intersections mentioned in such application such guideboards, indicating the direction, distances and names of the towns, villages or cities to or through which such intersecting highways run. Such application shall designate the highway intersections at which such guide-boards are requested to be erected and may contain suggestions as to the inscriptions and devices to be placed upon such boards. The cost of the erection and maintenance of such boards shall be a town charge. If the commissioner of highways refuses or neglects for a period of sixty days after receiving within application to comply with the request contained in such application, he shall for such neglect or refusal forfeit to the town the sum of twenty-five dollars to be recovered by the supervisor in the name of the town, and the amount so recovered shall be set apart for the erection of such guide-boards. L. 1890, c. 568, § 5, as am’d L. 1895, c. 330. [Note.- Revised from 1 R. $. *p. 503, SS 5, 9; id. 504, § 10. (See Birdseye's R. S., 1st ed.,
pp. 1329, 1330.) The first sentence was taken from the old law without material change. The remainder of the section was added by the amendment of 1895. For penal provi.
sions see Malicious Mischief, $ 4; and for damages recoverable see § 153, post.] 6 Road machines and implements. Commissioners of highways may, upon the request of one or more overseers of the highway districts of their town, contract for and purchase for such district or districts, upon credit or otherwise, a good and sufficient scraper and plow, or either of them, and if a majority of the taxpayers of one or more highway districts in any town, representing more than one-half of the taxable property in such district or in each of such districts, to be ascertained by the last preceding assessment-roll and certified to as such by the town clerk of the town, petition the commissioner or commissioners of highways of such town therefor, such commissioners may, together with the supervisor and overseer or overseers of such district or districts, contract for and purchase upon credit or otherwise, a road machine for the use of such district or districts, which implements shall be used, cared for and owned by such district or districts jointly. Such implements shall be paid for out of the highway tax of the district or districts for which they are purchased, and may be paid for in annual installments, not exceeding five. If purchased for more than one district the amount paid by each shall be in proportion to the amount of highway tax; a copy of the note or contract issued upon the purchase of such implements, shall be filed in the office of the town clerk of the town in which such town or road district is situated, and it shall be the duty of said town clerk to present a statement of the sum due thereon to the town board at each annual meeting thereafter for the audit of town charges, and the town board shall audit such sum and certify the same to the board of supervisors of the county. Not more than one-half of the highway tax of any district shall be applied in payment therefor in any one year. The portion of such tax so applied, shall be required to be paid in money, and be assessed and levied upon the property of such district or districts, and collected in the same manner as other town charges are assessed, levied and collected, except that the amount thereof shall be put in a separate column upon the tax roll, and the board of supervisors of the county shall cause the sum certified by the town board, to be levied upon the taxable property of such highway district. Such commissioner of highways shall with the assistance of the overseers of highways, in any road district which is to be charged with the payment for such machine after the completion of the assessment-roll, and ten days before the meeting of the board of supervisors of the county, make and deliver to the supervisor of such town a list of the persons in such district or districts who are named in the last assessment-roll of machine. The commissioner or commissioners of highways may, also, with the approval of the town board, purchase and hold for the use of the town at large, one or more
road machines, and pay for the same with money appropriated and set apart for highway purposes. It shall be the duty of the commissioner or commissioners of highways of each town to provide a suitable place for housing and storage of all tools, implements and machinery that are owned by the town or by the several highway districts, and cause these tools and implements and machinery to be stored therein when not in use. L. 1890, c. 568, § 6, as am'd L. 1895, c. 586, and L. 1896, c. 987. [Note.- Revised from L. 1886, c. 344; L. 1890, c. 493; 1 R. S. *p. 504, § 11. (See Birds
eye's R. S., 1st ed., pp. 1330, 1331.) Formerly the commissioners, whenever they might think it necessary or useful, might “direct and empower any overseer of highways in their respective towns to procure" the road scraper, etc. Otherwise the first part of the section, as originally enacted, was not materially changed. The last three sentences were added by the amendment of 1895, and also the provision in the third sentence relating to
the filing of the note or contract issued upon the purchase of such instruments.] 127 N. Y. 40; 37 N. Y. St. R. 138.
7 Stone crushers and materials. The town board and commissioner or commissioners of highways of any town may, when authorized by a majority vote of the electors voting thereon, by ballot, at the annual or at a special town meeting, purchase a machine for crushing stone, to be used, under the direction of the commissioner or commissioners of highways of said town, for the improvement of the highways thereof, and the commissioners of highways of any such town may, in any year, when authorized by a majority vote of the electors voting thereon, by ballot, at the annual or at a special town meeting expend in said year a sum not exceeding two thousand dollars, for the purpose of purchasing stone, and quarrying, breaking, crushing and placing the same on the highways, in such road district or districts as the town board may direct and defraying the expenses of operating such machine, and shall present the account and vouchers for said purchases and expenses to the town board for audit, and the amount audited, together with the cost of such stone-crushing machine, when not before included, shall be levied and collected as other town audits. Id., § 7, as am'd L. 1895, c. 411. [Note.- Revised from L. 1884, c. 220, SS 2, 4, 5. (See Birdseye's R. S., 1st ed., pp. 1330,
1331.) The former provisions have been very much broadened and simplified. Formerly
the supervisor of the town was to purchase the machine.] 7a Certain towns may purchase, etc., stone for highways. The commissioners of highways, and the town board of any town of one thousand or less inhabitants adjoining a city having not less than thirty-five thousand inhabitants, which shall have been authorized by a majority vote of electors in said town by ballot at the last annual election in said town to expend a sum not exceeding twenty thousand dollars, in addition to the sum authorized to be expended by section seven, article one, chapter nineteen of the general laws, known as the highway law, for the purpose of purchasing stone, and quarrying, breaking, crushing and spreading the same upon the highways in said town, and defraying the expenses incidental thereto, are hereby authorized, jointly, to proceed with the said work so authorized by said vote. L. 1895, c. 499, § 1.
7b Borrowing money for same. And the town board of any such town is hereby authorized to pledge the faith and credit of said town to the extent and amount of such bond or bonds, and the sum to bear interest at a rate not to exceed five per cent. per annum, to be for such amounts and upon such terms and conditions as may be determined by the said board. Said bonds, when issued, shall be binding on the town, and shall contain a recital that they are issued under the provisions of this act, and said recital shall be conclusive evidence in any court of the validity thereof, and of the regularity of their issue. But the said bonds shall be payable within twenty years from the date of their issuance. Each bond shall be signed by the supervisor of the said town and countersigned by the town clerk, and delivered to the supervisor of the said town, who shall advertise the same for sale at public auction to the highest bidder, after one publication at least in one of the newspapers published in the county seat of the county in which such town is situated, at least two weeks before the date of the sale. No such bond shall be sold for less than the par value thereof. All such bonds shall be numhered consecutively, and a record thereof kept of each by the town clerk and