a section of the highways through or adjoining his or their lands, the requisite highway labor on which will, in the opinion of the commissioners, be equivalent to the highway labor which he or they would otherwise be required to perform, to be worked as a private road district. private district. § 435. The commissioners shall file in the town Record of clerk's office a statement of the district, and the time for which they have assigned the same, subscribed by them, to which shall be added the written consent of the persons to whom it is assigned. Such persons shall keep in order the highways in such private district, and shall at all times work thereon when required by a commissioner; and shall not meanwhile be required to work on the highways in any other district. work same. § 436. If any such person neglects to put any Neglect to part of the highway, in the district, in good repair, within a reasonable time after being required so to do by a commissioner, he shall incur a penalty of ten dollars; and after recovering the penalty, the commissioner shall annex such private district to an adjoining public district; and those to whom it was assigned shall work in the proper public districts. The provisions of the three preceding sections are taken from the Long Island counties' act. Highway labor on plankroads. Local provisions. Work on private § 437. If any person liable to highway labor, by reason of real property on the line of a plank road, make application, in writing, to the commissioners of the town, before the issuing of the highway warrants, they shall assess him the labor for such property, to be performed on the plankroad, as a separate road district.' They shall thereupon make a separate list of persons and land for every such separate road district, which shall be delivered to one of the directors of the plankroad, who shall proceed to have the highway labor worked on the road in the same manner as over 2 seers of highways. The directors possess the 1 1 1 Laws of 1855, ch. 495. 15 How. Pr. R., 76. Ib., § 3. § 438. Every person liable to perform highway labor in respect to real property on the line of the Antwerp, Rossie and Hammond plankroad, the Morristown and Hammond plankroad, or the Gouverneur, Richville and Canton plankroad, shall perform or commute for such labor under the orders of the directors of those roads respectively. Laws of 1858, ch. 193, p. 314. § 439. The commissioners shall credit persons roads. living on a private road and working the same, so much on account of their assessments as they deem necessary to work such road, or they shall annex it to some highway district. 1 R. S., 1035, § 38. § 440. When the commissioners neglect for a year to open or work any part of a road that has been duly laid out and title thereto acquired, any of the residents, who desire to apply the whole or any part of their highway labor to working it, may give the commissioners ten days' notice thereof, and thereupon they shall assign such residents to such road, and direct their labor to be applied thereto, and cause it to be put in good order within a year, under the direction of any one of such residents whom the commissioners may appoint as overseer of the labor so applied. When the labor assessed to such residents is not sufficient for the purpose, they may anticipate, in whole or in part, the labor of three years. But more than one-half the labor of any district shall not be taken and applied to a road not embraced in the district. Laws of 1853, ch. 63, p. 87, § 1. § 441. The residents of any highway district may grade, gravel or plank the highways in their district, by anticipating the labor of the district for one or more years, and applying it to the immediate construction of such plank or gravel highways, and after the completion thereof, shall be Residents may apply labor to new road. Residents plank a road may grade, gravel or Commuta tion. Appropria tion of commutation moneys. Implements and assistance may exempted from the labor so anticipated, except so far as may be necessary to keep the highways in repair. 1 R. S., 1035, § 41. § 442. Any resident other than an overseer may commute his labor, or a part of it, at the rate of sixtythree cents per day, to be paid to the overseer of his district within twenty-four hours after he has notice to work. Corporations may commute in like manner by payment to the overseer or to a commissioner of highways of the town. 1 R. S., 1037, §§ 45, 46, 47. Sixty-three cents is here substituted for sixty-two and a half. § 443. The commutation moneys of corporations are to be expended by the commissioners upon any districts in the town; and for this purpose they may require overseers who have received such to pay over to them the whole or any portion thereof. Other commutation moneys in the hands of overseers are to be expended by them on their respective districts. Ib., § 45, last clause; § 47, first clause. § 444. The overseer may require a team or a cart be required. Wagon or plough, and a man to manage them, from any person in his district who has been assessed three days or more and does not commute, and such person is entitled to a credit of three days for each day's service therewith. Ib., § 47. for loss of time; sub § 445. Each person appearing shall actually Penalties work eight hours each day, under penalty of thir- stitutes. teen cents for each hour of default, to be paid by the person assessed. If any one, after appearing, does not work faithfully, or hinders others from working, he is liable to the penalty of one dollar for every offense. Any person may work by an able-bodied substitute. 1 R. S., 1038, §§ 48, 49. Thirteen cents is here substi tuted for twelve and a half. for neglect to appear. § 446. Every person receiving due notice, who does Peralties not commute and neglects to appear, is liable to a penalty of one dollar for each day's neglect. If he was required to furnish implements or assistance he is liable to the following penalties for each day's neglect: 1. For wholly omitting to comply, three dollars; 2. For omitting to furnish a cart, wagon or plough, one dollar; 3. For omitting to furnish a pair of horses or oxen, one dollar ; 4. For omitting to furnish a man to manage the team, one dollar. 1 R. S., 1038, § 50. § 447. Within six days after any person incurs a Duty of penalty under this article, it is the duty of the overseer, unless a satisfactory excuse is rendered to him, to make complaint on oath to a justice of the peace of the town. Ib., § 51. Overseer to prosecute. |