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§ 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 moneys, 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 district, as near as may be in the same proportion as an assessment by the commissioners, and not exceeding onethird 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 overseer.

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 moneys arising therein. If such moneys are insuf ficient, 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.

§ 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.

on overseers for

§ 415. Any overseer who neglects to collect the Penalties moneys that may arise from fines or commutations, neglect. or to perform any of the duties required by this chapter or by the commissioners of highways, is liable to a penalty of ten dollars, except where otherwise provided.

1 R. S., 1032, § 16.

town

Duty of

commissioner to

§ 416. Whenever any resident of the makes complaint to a commissioner that an over- prosecute.

seer has neglected any duty referred to in the preceding section, and offers sufficient indemnity against costs, it is the duty of such commissioner forthwith to prosecute such overseer for the same, under penalty of ten dollars for every refusal to prosecute, to be recovered by the person who made the complaint.

Ib., §§ 17, 18.

of penalties.

§ 417. All penalties collected by the commis- Application sioners are to be expended on the highways of the town.

by two commissioners.

§ 418. If it appear in any order made by com- Order made missioners of highways that all the commissioners of the town met and deliberated upon the subject thereof, or received due notice to attend a meeting for that purpose, it shall be no objection to the validity of the order that it was made by only two commissioners.

1 R. S., 1054, § 151; Tucker v. Rankin, 15 Barb., 471;
but see Fitch's case, 22 Wend., 132.

Actions against railway corpora

tions.

Onondaga
Indian

reservation.

Overseers to make lists of inhabitants

liable to work.

§ 419. The commissioners may maintain a civil action against any railway corporation, for the purpose of sustaining the rights of the public in any highway in the town, or of enforcing the performance of any duty enjoined upon any such corporation in relation to any highway in the town; and to maintain an action for damages or expenses sustained by the town in consequence of any act or omission of any such corporation in violation of any law in relation to such highway. But this section shall not impair the right of action of any other person.

Laws of 1855, ch. 255, p. 388, §§ 1, 2.

§ 420. The powers and duties of the commissioners of highways, in respect to highways through the Indian reservation in the county of Onondaga, are the subjects of a special statute.

Laws of 1845, ch. 309, SS; 1 R. S., 1049, §§ 118, 119.

ARTICLE IV.

HIGHWAY TAXES.

SECTION 421. Overseers to make lists of inhabitants liable to work.

422. Commissioners' duties.

423. Mode of assessing highway tax.

424. Omissions in assessment roll to be supplied.

425. Persons failing to work to be reassessed.

426. Copies of lists to be given to overseers.

427. Overseers to add names omitted and new inhabitants.

428. Non-residents' appeal from assessment.

429. Lands occupied by another than the owner.

430. Tuscarora nation.

421. Each overseer of highways, within six

teen days after his election or appointment, shall

deliver to the town clerk a list of all the inhabitants of his district liable to work; which lists the town clerk shall deliver to the commissioners.

1 R. S., 1033, §§ 22, 25.

sioners'

duties.

422. The commissioners shall meet at the Commis place of town meeting within eighteen days after they are chosen, and afterwards in their discretion. They shall make out a statement showing the description of every lot of land owned by nonresidents, in the manner that assessors are required to describe them, and opposite thereto the value affixed to each lot in the last assessment roll of the town. If the lot of any owner was not separately valued, the valuation of the commissioners shall be in proportion to the value affixed to the whole tract in which such lot was included.

Ib.

Mode of

assessing highway

§ 423. The commissioners shall ascertain and assess the highway labor of each year as follows: tax. 1. The whole number of days' work to be required in the town shall be at least three times the number of its taxable inhabitants;

2. Every male resident, of full age (except ministers of the gospel and priests of every denomination, paupers, idiots and lunatics), shall be assessed at least one day;

3. The residue of the days' work required shall be apportioned upon the property, real and per

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