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The overseer shall be liable to a penalty of five dollars per day, for every day he neglects, without good and sufficient reasons, to have such highway opened without delay after receiving such written notice, the penalty to be collected in justice's court, by the person first suing for the same, and the penalty shall be paid over to the commissioners of highways, for the use of the town. L. 1890, c. 568, § 21. [Note.- Revised from L. 1868, c. 791, § 3; L. 1869, c. 593; 1 R. 8. *p. 389, 8 6. (See Birds

eye's R. S., 1st ed., pp. 1343, 2962.) Without material change.] 22 Penalties against overseers. Every overseer of highways who shall refuse or neglect,

1. To warn the persons and corporations assessed to work on the highways, when he shall have been required so to do, by the commissioners or either of them. 11 Wend. 667. 2. To collect the moneys that may arise from fines or commutations. 11 Wend. 667.

3. To perform any of the duties required by this chapter, or which may be enjoined on him by the commissioners of highways of his town, and for the omission of which no other penalty is provided, shall for every such refusal or neglect, forfeit the sum of ten dollars. Id., § 22. [Note.- Revised from 1 R. S. *p. 504, S 16, and p. 389, S 6. (See Birdseye's R. 8., 1st ed.,

pp. 1331, 2962.) Without material change.] 44 Hun, 577; 11 Wend. 667; 114 N. Y. 317.

23 Penalties, how collected. The commissioners of highways shall prosecute, in the name of the town, every overseer of highways, for any penalties known to the commissioners to have been incurred by the overseer. They shall also upon the complaint of any resident of the town, that any such penalty has been incurred, prosecute such overseer therefor, if satisfied that the complaint is well founded. The costs and expenses incurred by the commissioners in good faith, in such proceedings, shall be a town charge, to be audited by the town board. If the commissioners refuse or neglect to prosecute for any such penalty, for thirty days after such complaint shall have been made, the complainant may prosecute therefor in the name of the town, upon indemnifying the town for the costs and expenses of such prosecution, in such manner as the supervisor may approve. If the commissioners shall neglect or refuse to prosecute for any such penalty, knowing that the same has been incurred, he shall be liable to a penalty of ten dollars for every such neglect or refusal, to be recovered by action, in the name of the town, brought by the supervisor, or by any taxpayer of the town who may indemnify the town, for the costs and expenses of the action, in such manner as the supervisor may approve. Id., § 23. [Note.- Revised from 1 R. S. *p. 505, SS 16, 17, 18. (See Birdseye's R. S., 1st ed., p. 1332.)

The former law required that the resident requesting the commissioners to sue should indemnify them against costs. In the fourth sentence the words " for thirty days," are

new. In several other particulars the former law has been materially changed.] 11 Wend. 667.

24 Compensation of overseers. If any overseer shall be employed more days in executing the several duties enjoined upon him by this chapter, than he is assessed to work on the highways, he shall be paid for the excess, at the rate of twelve and a half cents per hour for each day, and be allowed to retain the same out of the money which may come into his hands under this chapter; but he shall not be permitted to commute for the days he is assessed. Id., $ 24. [Note.- Revised from L. 1880, c. 308, § 1; 1 R. S. *p. 504, § 13. (See Birdseye's R. S., 1st

ed., p. 1331.) Without material change.] 24a Apportionment of repairs on boundary roads. Whenever a highway, street or road shall be on the line between a city, town or village, or between either of them, the officers authorized and required to repair and keep in order the highways, streets and roads in such city, town and village, shall meet together at the

out of the money. Had to commute for the day 604 & 13. (See Birdsey

mayor's office in such city, if said highway, street or road be on the line between a city and town, or a city and village, or at the office of the town clerk of such town, if the same be on the line between a town and village, on the first Monday of May in each year, at 12 o'clock M. and divide such highway, street or road, and allot one part thereof to such city and the other to such town or village, or one part thereof to such town and the other to such village, as the case may be, in such manner that the labor and expense of working and keeping in repair such highway, street or road may be equal as near as may be. L. 1870, c. 311, § 1.

24 b Same: when officers of one town, etc., fail to attend. Upon the neglect or failure to attend on the part of the officers of any city, town or village, at the time or places designated in the first section of this act for the purposes therein mentioned, the officers of the city, town or village present may perform the said duty, and when done, the divisions thus made shall be of the same force and effect as if made by the joint action of such city and town, or such city and village, or such town and village. Id., $ 2.

24c Statement of division. The statement of the division made pursuant to the provisions of the first or second section of this act shall be reduced to writing and properly authenticated by the officers making the same, and shall be filed within ten days after such division is made in the offices of the city clerk of the city, of the town clerk of the town, and of the clerk of the village, between whom such division has been made. Id., $ 3. 16 Hun, 441.

ARTICLE II.

Assessment for Highway Labor. § 30. Meetings of Commissioners.

31. Lists of Inhabitants.
32. Non-resident Lands.
33. Assessments of Highway Labor, how Made.
34. Copies of Lists Delivered to Overseers.
35. Names Omitted.
36. Appeals by Non-residents.
37. Credit on Private Roads.
38. Certain Assessments to be Separate.
39. Tenant to Deduct Assessment.
40. Reassessment in Case of Neglect.
41. Omissions of Assessors. Corrected.
42. New Assessments by Overseers.
43. Sidewalks and Trees.
44. Abatement of Tax for Shade Trees.'
45. Sidewalk Tax Anticipated.
46. Certificate of Anticipation.
47. Transfer of Certificate.
48. Abatement of Tax for Watering Trough.
49. System of Taxation Defined.
50. Town May Change Its System.
51. Vote Thereon.
52. When Change to Take Effect.
53. Annual Tax Thereunder.
54. County Board, System of Working Highways.
55. County Engineer.
56. Expenses, how Paid.
57. Issue of Bonds, etc.
58. County Roads under Charge of Supervisors and County Engineer.

30 Meetings of commissioners. The commissioners of highways of each town shall meet within eighteen days after the annual town-meeting, at the town clerk's

office, on such day as they shall agree upon, and afterwards at such other times and places as they shall think proper. L. 1890, c. 568, § 30. [Note.— Revised from 1 R. 8. *p. 505, S 20. (See Birdseye's R. 8., 1st ed., p. 1334.) The

words " at the town clerk's office" substituted for “at the place of town meeting." Other

wise without change.] 31 Lists of inhabitants. Each of the overseers of highways shall deliver to the clerk of the town, within sixteen days after his appointment, a list subscribed by him, of the names of all the inhabitants in his highway district, who are liable to work on the highways; and the town clerk shall deliver such lists to the commissioners of highways. Id., § 31. [Note.- Revised from 1 R. S. *p. 506, SS 21, 23. (See Birdseye's R. S., 1st ed., p. 1334.)

Without material change.] 2 Lans. 357; 17 Abb. Pr. 65.

32 Non-resident lands. The commissioners of highways in each town, before making the assessment of highway labor, shall make out a list and statement, of the contents of all unoccupied lots, pieces or parcels of land within the town, owned by non-residents; every lot so designated, shall be described in the same manner as is required from assessors, and its value shall be set down opposite to the description; such value shall be the same as was affixed to the lot in the last assessment-roll of the town; and if such lot was not separately valued in such roll, then in proportion to the valuation which shall have been affixed to the whole tract, of which such lot shall be a part. Id., § 32. [Note. – Revised from L. 1835, c. 154, SS 1, 2; and 1 R. 8. *p. 506, $ 22. (See Birdseye's

R. 8., 1st ed., pp. 1334, 1337.) The word “unoccupied " is new.] 17 Abb. Pr. 63; 2 Hun, 500; s. c. 5 T. & C. 38; 107 N. Y. 341.

33 Assessments of highway labor, how made. The commissioners of highways shall, at their first or some subsequent meeting, ascertain, assess and apportion the highway labor to be performed in their town, in the then ensuing year, as follows:

1. The whole number of days work to be assessed in each year, shall be ascertained, and shall be at least three times the number of taxable inhabitants in the town.

2. Every male inhabitant being above the age of twenty-one years (excepting all honorably discharged soldiers and sailors who lost an arm or a leg in the service of the United States, during the late war, or who are unable to perform manual labor by reason of injuries received, or disabilities incurred in such service, persons seventy years of age, clergymen and priests of every denomination, paupers, idiots and lunatics), shall be assessed at least one day. 56 Barb. 382.

3. The residue of such days work, shall be apportioned and assessed upon the estate, real and personal, of every inhabitant of the town, including corporations liable to taxation therein, as the same shall appear by the last assessment-roll of the town, and upon each tract or parcel of land owned by non residents of the town contained in the list made by the commissioners, excepting such as are occupied by an inhabitant of the town, which shall be assessed to the occupant. The assessment of labor for personal property, must be in the district in which the owner resides, and real property in the district where it is situated, except that the assessment of labor upon the property of corporations, may be in any district or districts of the town, and such labor may be worked out or commuted for, as if the corporation were an inhabitant of the district; but the real property within an incorporated village or city, exempted from the jurisdiction of the commissioners of highways of the town, and personal property of an inhabitant thereof, shall not be assessed for highway labor by the commissioners of highways of the town. Whenever the assessors of any town shall have omitted to assess any inhabitant, corporation or property therein, the commissioners of highways shall assess the same, and apportion the highway labor as above provided.

56 Barb. 382; 31 id. 139; 124 N. Y. 634; 35 N. Y. St. R. 342.

4. The commissioners shall affix to the name of each person named in the lists furnished by the overseers, and of assessable corporations, and to the description of each tract or parcel of land contained in the list prepared by them of nonresident lands, the number of days which such person or tract shall be assessed for highway labor, as herein directed, and the commissioners shall subscribe such lists, and file them with the town clerk.

5. If the commissioners of highways shall neglect for one year, after any highway shall have been laid out, and title thereto acquired, to open or work the same, or any part thereof, and any inhabitant or corporation of the town, in or through which the highway runs, shall give ten days notice to the commissioners of the town, that they desire to apply the whole or any part of their highway labor to the working of such highway, the commissioners shall assign such inhabitants and corporations to such highway district, direct the highway labor for which they are annually assessed to be applied to the same, and cause the same to be worked and put in good order for vehicles and travelers within one year, under the direction of any of such inhabitants, whom such commissioners may appoint as an overseer of the labor so to be applied to such highway; and when the number of rays labor assessed in the current year to such inhabitants, as the annual highway tax, is not sufficient to put such highway in good order, the inhabitants and corporations may anticipate the whole or any part of the highway labor assessed, and to be assessed against them, for a period not exceeding three years, but from no one of the districts of the town shall more than one-half of its annual labor be taxed and applied to any highway not embraced in such district. Id., § 33. [Note.- Revised from L. 1835, c. 154, S 3; L. 1886, c. 422; L. 1837, c. 431, $ 1; 1 R. S. *p.

505, $ 19, and id. p. 506, SS 23, 24, and id. p. 508, § 32. (See Birdseye's R. S., 1st ed., pp. 1334, 1336, 1338.) In rearranging the provisions which have been consolidated in

this section, there have been some changes made, and some provisions added.] 12 Wend. 392; 2 Hun. 500; s. c. 5 T. & C. 38; 34 Hun, 271; 36 id. 37; 12 Wend. 392; 2 Lans.

358; 107 N. Y. 329; 124 id. 634; 14 id. 317; 35 N. Y. St. R. 342; 17 Abb. Pr. 65; 31

Barb. 139. 33a Property lying partly within village, etc. In all cases where there is an incorporated village or city within the limits of any town, which is by law a scparate road district, and there shall be any real estate, owned by any person or. corporation, situated partly within the limits of such village or city and partly without said village or city, it shall be the duty of the assessors of such town, after fixing the valuation of the whole of such real estate as now by law required, to determine what proportion of such valuation is on account of that part of said real estate lying without the limits of said city or village, and designate the same upon their assessment list. L. 1871, c. 171, $ 1.

33b Same; valuation of part lying without village, etc. The valuation of the real estate lying without the limits of any city or village, so fixed and determined by the assessor, shall be the valuation on which the commissioners of highways of towns shall assess highway labor against the owner or owners of such real estate; and in no case shall the commissioners of highways assess any highway labor on property situated within the limits of any incorporated city or village which is by law a separate road district. Id., § 2.

34 Copies of list delivered to overseers. The commissioners of highways shall direct the clerk of the town to make copies of such lists, and shall subscribe such copies, after which they shall cause the several 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 the list by any overseer to whom the same may be delivered, shall be deemed conclusive evidence of his acceptance of the office of overseer. L. 1890, c. 568, § 34. [Note.- Revised from L. 1863, c. 444, and 1 R. S. *p. 507, § 25. (See Birdseye's R. S., 1st

ed., p. 1335.) Without material change.] 2 Hun, 500; s. c. 5 T. & C. 38; 114 N. Y. 317.

35 Names omitted. The names of persons or corporations omitted from any such list, and of new inhabitants, shall from time to time be added to the several lists, and they shall be assessed by the overseers in proportion to their real and personal estate to work on the highways as others assessed by the commissioners on such lists, subject to an appeal to the commissioners of highways. L. 1890, C. 568, § 35. [Note.- Revised from 1 R. S. *p. 507, 8 26. (See Birdseye's R. S., 1st ed. p. 1335.) Without

material change, unless the provisions as to corporations be new.] 58 Barb. 382; 2 Lans. 356.

36 Appeals by non-residents. Whenever any non-resident owner of unoccupied lands shall conceive himself aggrieved by any assessment of any commissioner of highways, such owner, or his agent, may, within thirty days after such assessment, appeal to the county judge of the county in which such land is situated, who shall, within twenty days thereafter, hear and decide such appeal, the owner or agent giving notice to the commissioners of highways of the time of the hearing before the judge, and his decision thereupon shall be final and conclusive. Id., § 36. [Note.- Revised from 1 R. S. *p. 507, SS 27, 28. (See Birdseye's R. S., 1st ed., p. 1335.)

Without material change.] 37 Credit on private roads. The commissioners of highways of each town shall credit to such persons as live on private roads and work the same, so much on account of their assessments as the commissioners may deem necessary to work such private road, or shall annex the private roads to some of the highway districts. Id., § 37. [Note. — Revised from 1 R. S. *p. 507, § 29. (See Birdseye's R. S., 1st ed., p. 1335.)

Without material change.] 38 N. Y. St. R. 973; 14 N. Y. Supp. 847.

38 Certain assessments to be separate. Whenever the commissioners of highways shall assess the occupant, for any land not owned by such occupant, they shall distinguish in their assessment lists, the amount charged upon such land, from the personal tax, if any, of the occupant thereof; but when any such land shall be assessed in the name of the occupant, the owner thereof shall not be assessed during the same year to work on the highways, on account of the same land. Id., § 38. [Note.- Revised from 1 R. S. *p. 508, § 30. (See Birdseye's R. ., 1st ed., p. 1335.)

Without material change.] 39 Tenant to deduct assessment. Whenever any tenant of any land for a less term than twenty-five years, shall be assessed to work on the highways for such land, and shall actually perform such work, or commute therefor, he shall be entitled to a deduction from the rent due, or to become due from him for such land, equal to the full amount of such assessment, estimating the same at the rate of one dollar per day, unless otherwise provided for by agreement between the tenant and his landlord. Id., § 39. [Note.- Revised from 1 R. S. *p. 508, S 31. (See Birdseye's R. S., 1st ed., p. 1336.)

Formerly the rate was sixty-two and one-half cents per day in most of the counties, but

one dollar in others. This section makes the rate uniform.] 40 Reassessment in case of neglect. If it shall appear from the annual return of any overseer of highways, that any person or corporation who was assessed to work on the highways (other than non-residents), has neglected to work the whole number of days assessed, and has not commuted for, or otherwise satisfied such deficiency, the commissioners of highways shall reassess the deficiency to the person so delinquent, at the next assessment for work for highway purposes, and add it to his annual assessment; such reassessment shall not exonerate any overseer of highways from any penalty which he may have incurred under the provisions of this chapter. Id., $ 40. [Note.- Revised from L. 1832, c. 107, SS 2, 3. (See Birdseye's R. S., 1st ed., p. 1337.)

Without material change, unless the provision as to corporations be new.] 41. Omissions of assessors corrected. Whenever the assessors of any town shall have omitted to assess any inhabitant or property in their town, the commissioners of highways shall assess the persons and property so omitted, and shall apportion

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