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scribing the bridge. The corporation shall cause a certified copy of the order, with a copy of the application, to be recorded in the office of the clerk of the county, before proceeding under it. The board, after finally acting on the application, shall cause it, with all other papers relating to it or to the proceedings, to be filed in such clerk's office, at the expense of the corporation.

highways.

§ 651. The corporation may use, in such man- Use of ner as prescribed by the board, so much of any public road on either side of the stream as may be necessary for constructing and maintaining the bridge and toll-houses.

1 R. S., 1273, § 7, last clause.

tions.

§ 652. Corporations shall not be authorized Restric under these provisions to construct any bridge within limits prescribed by any existing law for the erection or maintenance of any other bridge, nor to bridge any water where the tide flows, nor any water used for a harbor or which is navigable for sail vessels or steamers of the burden of tons and upwards, nor to bridge any

stream navigated by rafts or arks, in a manner to prevent or endanger the passage of any raft forty-five feet in width, or any ark.

Ib., 1275, 20; 1273, 6, last clause.

§ 653. Any such corporation bridging a stream navigated by rafts shall at all times keep the channel above and below the bridge clear from all

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Completion of bridge and

deposits occasioned by its erection and prejudicial to such navigation; and shall be liable to pay to all persons unreasonably hindered or delayed, in passing such bridge with rafts or arks, all damages sustained thereby.

1 R. S., 1273, 8, 9.

§ 654. Every bridge erected under these prorates of toll. visions, shall have good and substantial railings or

Persons exempt.

Penalty.

sidings, at least four and a half feet high. When a bridge is completed, and a certificate that it is so, and is safe and convenient for the public use, is signed by the county judge of, and filed in the county clerk's office in, the county or counties in which it is located, the directors may erect a tollgate at such bridge and require such toll as the supervisors of the county or counties from time to time prescribe.

Ib., 1273, 10.

§ 665. Any person going to or from public worship, a funeral, school, a town meeting or election at which he is entitled to vote for the purpose of giving such vote, highway labor, or a military parade or court, which, by law, he is required to attend, is exempt from the payment of tolls.

Ib., 1274, ◊ 11.

§ 656. Any person who, being liable to pay toll, forcibly or fraudulently passes the gate of a toll-bridge without paying the toll is liable to a

penalty of twenty-five dollars, in addition to the damages caused, to be recovered by the company.

Laws of 1854, ch. 120.

CHAPTER VII.

FERRIES.

SECTION 657. County court to grant licenses.

658. Riparian owner has prior right to a license.

659. Applicant to give recognizance.

660. Violation of recognizance.

661. Penalty for unlicensed ferrying.

662. Vested rights not affected.

663. Ferries on the Rivers St. Lawrence and Hudson.

664. Other provisions.

court to grant

licenses.

§ 657. The county court of each county shall County grant licenses for keeping ferries in the county, or upon waters dividing it from another county, to as many suitable persons as they deem proper, each license to be for a fixed term, not exceeding three years. Every such license is to be entered in the minutes of the court by the clerk, and a copy, attested by him, delivered to the licensee.

1 R. S., 1056, §§ 1, 5, 6.

owner has prior right

658. No license shall be granted to a person Riparian other than the owner of the land through which to a license. the highway adjoining the ferry runs, unless, after at least eight days' written notice to such owner of the application therefor, he neglects to apply for it.

Ib., §§ 2, 3.

to give

§ 659. Before a license is granted the applicant Applicant shall enter into recognizance to the people of the recogni

zance.

Violation of recogni

Zance.

Penalty for unlicensed ferrying.

state, in open court, in the sum of one hundred dollars, faithfully to keep and attend the ferry, with such and so many sufficient and safe boats, so many men to work the same, together with sufficient. implements, and during such hours in each day, and at such rates as the court, from time to time, orders, which recognizance shall forthwith be filed. with the clerk of the county.

1 R. S., 1056, § 4.

§ 660. The violation of the condition of any such recognizance is a misdemeanor, punishable with such fine as the court may adjudge, not exceeding twenty-five dollars for each offense. On proof of such conviction the county court shall direct the recognizance to be estreated for the use of the people.

Ib., § 7.

§ 661. Any person who, except in the counties of Essex, Clinton, Orange, Rockland, Westchester, Suffolk, Richmond and Queens, maintains any ferry for profit or hire on any river, stream or lake, without authority of law, is guilty of a misdemeanor, punishable with the like fine for each offense. For an offense on waters dividing two counties, the offender may be prosecuted in each, but the fine in such case shall not exceed twelve dollars and fifty cents in each county.

Ib., §§ 8, 9.

rights not

§ 662. The foregoing provisions respecting fer- Vested ries do not affect any grants or charters heretofore affected. made by the state, or any rights already vested.

1 R. S., 1057, § 10.

§ 663. The establishment of ferries on the River St. Lawrence from the towns of Morristown' and Hammond,' and on the River Hudson between the city of Troy and West Troy,' are regulated by special statutes.

1 Laws of 1851, ch. 240, S. S.; 1 R. S., 1057, §§ 22, 26.

2 Laws of 1853, ch. 555.
Laws of 1854, ch. 226.

Ferries on

the Rivers St. Law

rence and

Hudson.

visions.

§ 664. Other provisions applicable to the conduct Other proof ferries are contained in article I of chapter I of this title, entitled "Navigation."

CHAPTER VIII.

MISCELLANEOUS PROVISIONS

RELATING TO SEVERAL

OF THE PUBLIC WAYS.

SECTION 665. Law of the highways.

666. Driver addicted to intoxication.

667. Notice to employer, of driver's intoxication.

668. Horses to be fastened while standing.

669. Horses not to be run.

670. Penalties, how recovered.

671. Liability of owner for damage done by driver.

672. Saving clause as to city ordinances.

673. Telegraph lines may be erected.

674. Protection of bridges.

675. Canal and railway companies to furnish maps.

highway.

§ 665. When vehicles meet, it is the duty of the Law of the drivers of each to turn seasonably to the right of the center of the highway, so as to pass without interference, under the penalty of five dollars for every neglect, to be recovered by the party injured.

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