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§ 458. In all cases of laying out, altering or discontinuing a road, the commissioners shall cause a survey of the same to be made, and incorporate it in an order, signed by them and filed and recorded in the office of the town clerk, who shall note thereon the time of recording it, and at the time of receiving it post a copy of such order the outer door of the town-house.

upon

1 R. S., 1011, § 67, and first clause of § 68.

A survey to

be recorded and notice

given.

through

orchards,

buildings and yards.

§ 459. No public or private road shall, without Roads the consent of the owner and occupant, be laid gardens, out through any orchard of four years' growth, nor through any garden four years cultivated, nor through any buildings, nor through any fixtures or erections for the purposes of trade or manufacture, nor through any yard or inclosure necessary to the use or enjoyment of such buildings, fixtures or erections. But this section does not apply to orchards and gardens in the counties of Westchester and Putnam.

1 R. S., 1041, § 69; Ex parte Clapper, 3 Hill, 458; Laws of 1834, ch. 300. By the Long Island act, gardens and orchards are not protected thus, unless of the growth or cultivation of ten years, instead of four.

through inclosed or

§ 460. No highway shall be laid out through Road any inclosed or improved land without consent of improved the owner and occupant, unless certified to be

land.

Applicant to give

notice of route, and

of exami

ners.

necessary by twelve reputable residents of the town, in manner following:

From 1 R. S., 1041, § 70, and Laws of 1830, ch. 225.

§ 461. Every applicant for a highway through Tome any such land must post notices at three of the most public places of the town, specifying, as near as may be, the route proposed, the several tracts of land through which the same is proposed to be laid, and the time and place at which the residents will meet to examine the ground. The notice must be posted at least six days before the time specified for the meeting.

Qualifica tion of the examiners.

Action of the exami

ners.

1 R. S., 1041, § 71.

§ 462. If twelve reputable residents of the town, not interested in the lands through which the highway is to be laid, nor of kin to the owner thereof, appear at the time and place specified, they shall be sworn, by any officer authorized to administer oaths, well and truly to examine and certify as to the propriety and necessity of the highway applied for. 1 R. S., 1042, § 72.

§ 463. They shall then personally examine the route, and hear any reasons that are offered for or against the laying out of the highway. If they are of opinion that such highway is proper or necessary, they shall make a certificate to that effect, and deliver it to the commissioners.

1 R. S., 1042, § 73.

sioners to give owner

§ 464. Before the commissioners proceed to lay Commis out the highway, they shall cause at least three notice days' notice, in writing, to be given to the occupant

of the land through which it is to run, of the time and place of their meeting to decide on the application. The notice is to be served upon the occupant personally, or in his absence by leaving it at his residence.

1 R. S., 1042, § 74.

of their meeting.

commis. sioners.

§ 465. At the meeting the commissioners shall Action of hear any reasons that are offered for or against the application. If they determine for it, they shall make an order accordingly, describing the highway so laid out, particularly, by bounds, courses and distances, and deposit it with the town clerk.

Ib., 1042, § 75.

ing damages

§ 466. The commissioners have power to adjust, Ascertain by agreement with any owner, the amount of his damages for the land taken, if such amount do not exceed one hundred dollars. The agreement, or the owner's release of all claim to damages, shall be filed in the town clerk's office, and shall be conclusive against any further claim by him for damages. If such agreement or release is not made the damages shall be ascertained in the mode prescribed by the CODE OF CIVIL PROCEDURE for assessing damages for private property taken for public use.

1 R. S., 1042, § 76, and Laws of 1857, ch. 491, as amended
by Laws of 1858, ch. 51.

Roads, &c., across rail

ways.

Duty of railway corporation.

Collection

of damages and expenses.

§ 467. The authorities of any city, village or town who are by law empowered to lay out streets or highways, may lay out any street or highway across the track of the railway of any corporation formed since the 20th day of March, 1853, without compensation to the corporation; but such street or highway shall not be actually opened for use until thirty days after notice of such laying out has been served personally upon the president, vice-president, treasurer or a director of such corporation.

Laws of 1853, ch. 62, p. 86, § 1.

§ 468. Immediately after the service of such notice the corporation shall cause the street or highway to be taken across their track, as shall be most convenient and useful for public travel, and shall cause all necessary embankments, excavation and other work to be done on their road, under the penalty of twenty dollars for every day's neglect after the thirty days, to be recovered by the officers laying out such street or highway, and to be expended on the the same; but the time may be extended, not more than thirty days, by the county judge of the county, if, in his opinion, the work cannot be performed within that time.

Ib., ch. 62, p. 86, § 3.

§ 469. The amount of damages ascertained upon the laying out of any highway, together with the expenses incurred therein, shall be laid by the

supervisor of the town before the board of supervisors, who shall cause the same to be levied and collected in the town, and paid to the commissioners of highways, by whom the damages shall be paid and the residue applied to the expenses.

1 R. S., 1045, § 86.

$470. In case of roads extending or proposed to be extended from one town into another, whether in the same or different counties, if the commissioners disagree, they shall all meet together, at the request of either, and make their determination thereon.

Ib., § 89.

Disagreemissioners

ment between com

of different towns.

upon a town

line.

§ 471. A highway laid out along a town line or a Highway part thereof shall be laid out by two or more of the commissioners of each town, and either upon the line or as near upon either side as convenient. They shall at the time divide such highway into districts, and allot the same in such manner as to divide equally between the towns the burden of opening and maintaining it; and the like division shall be made of the burden of highways already laid out along town lines. They shall cause such highway and its division and allotment to be recorded in the town clerk's office of each town, and each district shall be considered to belong wholly to the town to which it is allotted.

Ib., § 90 to 93.

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