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Applica

tion for additional ap

.the overseers of highways to warn such persons to work, with such cattle, implements, carriages, or sleds as one of the commissioners may direct;'

7. To cause to be erected and maintained on the post-roads, and on such other highways as they deem proper, mile-boards or stones with proper inscriptions, and, at the intersections of the like roads, guide-posts with proper inscriptions;'

8. To render to the town auditors at their annual meeting a written account for the year, stating: 1. The labor assessed and performed; 2. All sums received by them under this chapter; 3. The manner in which they have been expended; 4. The improvements which have been made on the highways during the preceding year, and their present condition; 5. The further improvements necessary, and the probable expense of making them beyond the assessment in that year;'

9. To deliver to the town supervisor a statement of the improvements necessary, together with their probable expense;*

11 R. S., 1020, § 1.

1 R. S., 1030, § 5; 1039, § 9.

Laws of 1830, ch. 56; 1 R. S., 1030, § 3.

1 R. S., 1030, § 4, first clause.

§ 406. When the commissioners deem the sum of propriation two hundred and fifty dollars insufficient to pay for such improvements and for arrears due for part improvements, they may apply in the town meeting for a vote authorizing the necessary additional sum,

not exceeding seven hundred and fifty dollars, to be raised; and at the time of such application they shall exhibit a statement of their accounts and an estimate of the expenses necessary for improvements during the ensuing year.

1 R. S., 647, §3 9, 11; Laws of 1857, ch. 615, vol. 2, p. 338, § 1.

application.

§ 407. Before making such application they shall Notice of post in a conspicuous manner, in not less than five of the most public places in the town, at least four weeks before the meeting, a notice specifying the amount to be applied for and the purposes to which it is to be appropriated, and the probable amount necessary to be expended at each place if there be

more than one.

1 R. S., 647, § 10.

§ 408. If the town meeting, by vote, allow an Resolution additional sum, the clerk shall enter their resolu

tion respecting it in his minutes, and shall deliver a copy of the same to the town supervisor

Ib., § 11; first clause.

allowing same to bo

furnished to

supervisor.

supervi

sors.

§ 409. The supervisor shall lay such statement Duty of of the commissioners, together with the resolution of the town, before the next meeting of the board of supervisors, who shall cause the required sum to be raised in the town, in the same manner as other town charges, but the moneys raised upon the statement of the commissioners shall not exceed $250 in any one year.

Repairs in case there is not time for such application.

From 1 R. S., 1030, § 4; 647, § 11, last clause. By the Long Island counties' act, the limit of the amount to be raised upon commissioners' estimate was seventy-five dollars. Laws of 1838, ch. 56, § 4.

§ 410. In case of damage to any highway after any town meeting, or when too late to give the notice required by section 407, the commissioners may, with consent of the board of town auditors, cause the damage to be immediately repaired; and the vouchers for the expense thereof they shall present at the next annual meeting of the town auditors, or at a special meeting to be convened by the supervisor, or in his absence by the town clerk, upon the written request of any commissioner. Such bills, after being audited, shall be collected, if audited at an annual meeting, as though the amount had been voted at a town meeting. If audited at a special meeting, the supervisor and town clerk shall issue a certificate setting forth the amount audited, in whose favor, and the nature of the work or materials, and such certificate shall bear interest from date, and shall be levied and collected as other town charges. But no such account shall be allowed by the board unless it be verified by the claimant, and the commissioners certify that at their request the work has been actually, performed and the materials actually furnished; and the board may require such other proof as they deem proper to establish the claim and the value of the work and materials.

Laws of 1858, ch. 103, p. 200, §§ 1, 2, 5.

§ 411. It is the duty of the overseers of high- Duties of ways, in their respective districts:

1. To keep in good order and repair the highways and guide-posts thereon;

2. When required by a commissioner, to warn all persons assessed to work;

3. To cause the noxious weeds on the highways to be cut down twice in each year; once before the first of July and again before the first of September;

4. Once in every month from April to November inclusive, to cause all loose stones to be removed from the beaten track of the highways;

5. To cause the boundaries of highways to be publicly marked, and keep up the monuments erected to indicate them;

6. To collect all fines and commutation monies, and to execute all lawful directions of the commissioners;

7. When the labor assessed for a district is, in the opinion of the commissioner for that district, insufficient to keep the roads in order, and break them out when obstructed by snow, he is to make another assessment on the actual residents of the districts, as near as may be in the same proportion as an assessment by the commissioners, and not exceeding one- . third the number of days additional, and to be performed or commuted for in like manner.

overseers of highways.

Sidewalks and trees.

Scraper and plough.

Extra work by over

Beer.

1 R. S., 1031. The clause of the last subdivision, specifying obstructions by snow, is from the Long Island act, as amended in 1857. Laws of 1857, ch. 181.

§ 412. The commissioners have power to expend a part of the highway tax in each district upon the sidewalks therein, and in planting shade trees on the public squares, and places in the town, the highways being kept in good repair.

Laws of 1854, ch. 324, § 2.

§ 413. The commissioners may, in their discretion, direct any overseer in the town to procure an iron or steel-shod scraper or plough, or both, for use on his district, to be paid for from the commutation monies arising therein. If such monies are insufficient, the overseer shall assess the deficiency on the inhabitants in the proportion of their assessments in the assessment roll of the town. If any one neglects to pay such assessment, the overseer may recover it by action.

1 R. S., 1031, §§ 11, 12.1

§ 414. An overseer, whose duties as such employ him a greater number of days than those for which he is assessed, is entitled to be paid at the rate of seventy-five cents per day for the excess, and may retain the amount out of fines received by him under this chapter.

1 R. S., 1031, § 13. By the Long Island act the total compensation of the overseer for extra work is restricted not to exceed ten dollars in any one year.

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