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both parties are in fault, each shall pay him the sum of one dollar.

report.

§ 394. He shall keep an exact account of all Annual monies received by him, and report the same to the legislature on or before the first day of February in each year.

ment in

case of his

§ 395. In case of sickness, inability or absence Appoint of the harbor-master, it is the duty of the mayor inability." of Albany to appoint some proper person to attend to the duties of the office in the meantime.

CHAPTER II.

HIGHWAYS.

The passage of a number of local acts respecting highways, since the enactment of the Revised Statutes, has caused much diversity in the system in different parts of the state. We present here one uniform system for the highways of the whole state, with a few local provisions. Its preparation has been guided by the following principles:

1. To present, on the basis of the provisions of the Revised Statutes, as modified by subsequent legislation and expounded by judicial decisions, one complete and harmonious system for the whole state;

2. To add thereto those provisions or qualifications, contained in local acts, which are susceptible of convenient and useful general application, and which provide for points not covered by the general law;

3. To retain in force and embody, or refer to as exceptions to the general rules, such local provisions as might be founded in any local necessity.

But there are several local acts which present a variance from the general system not founded on any local want, but on a diversity of view as to the best system of highway labor to be pursued. These we have disregarded. They may be enumerated and briefly characterized as follows: Laws of 1838, ch. 326. Highway tax in the various towns of Livingston county to be paid in money, if so determined by the electors;

Laws of 1849, ch. 11. Raising and application of moneys for highways in the town of Eastchester; Laws of 1852, ch. 338. Empowers voluntary associations to construct public roads in the county of Erie ;

Laws of 1853, ch. 609. Highways in Montgomery county to be worked and repaired by contract, and payment to be raised by tax;

Laws of 1854, ch. 265. Mode of proceedings to certify to necessity of new road or alteration in the town of Greenburgh. But see Laws of 1859, ch. 497;

Laws of 1857, ch. 287. Bridges may be bought in Richmond county;

Laws of 1859, ch. 147. Requires highway taxes in the town of Haverstraw, in the county of Rockland, to be paid in money;

Laws of 1859, ch. 268. Regulates proceedings to lay out or alter roads in the towns of Northcastle, Bedford and Lewisborough, in the county of Westchester.

ARTICLE I. Enumeration of highways.

II. Rules and restrictions respecting their use.

III. Powers and duties of highway officers.

IV. Highway taxes.

V. Performance of highway labor, and commutation.

VI. Laying out, altering and discontinuing roads.

VII. Erection and maintenance of bridges.

VIII. Obstruction and injury to highways.

ARTICLE I.

ENUMERATION OF HIGHWAYS.

SECTION 396. What are highways.

397. Origin of highways.

398. Abandonment.

highways.

§ 396. Highways are roads or streets and What are bridges, laid out or erected by the public, or if laid out or erected by others, dedicated or abandoned to the public.

Origin of

§ 397. Roads recorded as highways, according highway. to law, and any roads used as such for a period of twenty years, are highways.' Whenever any corporation owning a toll-bridge,' or a turnpike,' or plankroad, is dissolved or discontinues the road, the bridge or road becomes a highway.

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ment.

§ 398. A road not worked or used for the period Abandon of six years ceases to be a highway for any purpose whatever.

1 R. S., 1149, § 113.

Lyon v. Munson, 2 Cow., 426.

ARTICLE II.

RULES AND RESTRICTIONS RESPECTING THE USE OF HIGH

WAYS.

SECTION 399. The public easement.

400. Adjoining owner or occupant may construct sidewalk.

401. May plant trees.

402. Gas companies may lay conductors.

403. Other corporations may acquire right of way.

The public

easement.

Adjoining

owner may con

walk.

§ 399. By taking or accepting land for a highway the public acquires only the right of way' and the incidents necessary to enjoying and maintaining it,' subject to the regulation of the towns as in this Code provided, and the right of pasturage. All trees within the highway, except only such as are requisite to make or repair the road or bridges, on the same land, are for the use of the owner or occupant of the land.‘

1 16 N. Y. R., 97; 15 Johns., 447; 2 Ib., 357; 14 Barb., 692; 11.
Barb., 390.
7 Barb., 297; 25 Ib., 9.

7 Barb., 309; 5 Den., 9.

4

1 R. S.,1055, § 153.

Restrictions upon the weight of loads upon roads in the county of Dutchess are contained in local statutes. (Laws of 1857, chs. 116, 404, 417.) So of restrictions upon the allowing of animals to run at large in the county of Westchester. (Ib., chs. 447, 582;) and in the town of Flatbush, in the county of Kings. (Ib., ch. 137.)

§ 400. Any owner or occupant of land may construct side struct a sidewalk on the highway, along the line of his land, subject, however, to the authority conferred by law on the overseers of highways; and any person who takes a horse or team upon such sidewalk shall forfeit one dollar to the use of such owner or occupant.

May plant trees.

1 R. S., 1052, §§ 137, 138, as amended by Laws of 1854, ch. 324.

§ 401. Any owner or occupant of land adjoining a highway not less than three rods wide, may plant trees on the side contiguous to his land. They shall be set in regular rows at a distance of

at least six feet from each other, and not more than six feet from the boundary of the highway. If the highway is more than six rods wide the row shall not be less than six nor more than twelve feet from the boundary of the highway. Whoever injures any of them is liable to the owner and to the occupant for the damages which they may respectively have sustained, and is guilty of a misdemeanor.

1 R. S., 1055, § 154, and Laws of 1857, ch. 181, § 22.

Gas companies may lay conduc

§ 402. Any gas-light company, incorporated under the laws of the state, has power to lay con- tors. ductors for conducting gas through the public ways and squares in the city, village or town where it is established, with the consent of the municipal authorities thereof, and under such reasonable regulations as they may prescribe.

From 1 R. S., 1269, § 18.

Other cor

porations may

right of

way.

§ 403. The cases and the manner in which railway, toll-bridge, plankroad and turnpike companies acquire may acquire a right of way upon the public highways are provided in subsequent chapters of this Code.

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