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TITLE 6.

Perpetual fund.

Commig-
Bioners.

Tenure of offices.

TITLE V.

OF THE LEWISTON SCHOOL FUND.
Seo. 1. Designation of the fund; interest appropriated.

2 & 3. Commissioners of the fund, term of office, &c.
4. To give bonds.
5. Their powers and duties.
6. Trustees of common schools in Lewiston, to give bond, &c.
7. Who to sue for breach of bonds.
$ 1. The property now belonging to the Lewiston school
fund, shall remain a continual fund, the interest of which
shall be inviolably appropriated to the support of common
schools, in the village of Lewiston, under the direction of the
commissioners of the Lewiston school fund for the time being.

$ 2. The commissioners of the Lewiston school fund, shall not exceed three in number, and shall hold their offices for two years, and until others shall be appointed. In case of vacancies in office of such commissioners, the vacancies shall be filled, and all appointments hereafter be made, by the governor and senate, in the same manner that other appointments are made.

S 3. All such commissioners hereafter to be appointed, shall continue in office for two years, and until others shall be appointed ; unless in cases of appointments to fill vacancies, where the term shall expire with that of the other commissioners.

S 4. Every person hereafter appointed a commissioner of the Lewiston school fund, shall, before he enters on the duties of his office, give to the trustees of the corporation of the village of Lewiston, a bond, in the penalty of fifteen thousand dollars, with two or more sureties, conditioned that he shall faithfully execute the duties of his office, which bond shall be deposited with the clerk of the said corporation.

S 5. The commissioners of the Lewiston school fund shall ' have power, and it shall be their duty,

1. To sell or lease the lots of land in the village of Lewiston, belonging to the said fund, on such terms as they may judge most conducive to the interest of the fund:

2. To certify to the commissioners of the land-office, on receiving payment for such sales, a description of the land sold, the price, the time when sold, the names of the purchasers, and that the consideration money and interest has been fully paid :

3. To loan all monies which may come to their hands belonging to the fund :

4. To take a bond on making such loans, to themselves as such commissioners, secured by a mortgage on unincumbered real property, of at least double the value of the sum loaned, exclusive of buildings:

5. To collect all bonds and mortgages, or other debts, due to the fund:

To give bond.

(500)

te the duti sureties, Penalty of fiftcation of the

Their powers and duties.

Trustees to give bond.

6. To pay over to the trustees of common schools in the TITLE 1. said village, all monies received by the commissioners for interest on loans, or rents of land belonging to said fund :

7. To keep suitable books and accounts of all matters relating to the management of said fund, which shall be open to the inspection of the inhabitants of the village, at all reasonable times : and,

8. To deliver, at the expiration of their several offices, to the remaining commissioners, or their successors in office, all the books and papers relating to said fund.

$ 6. Before the trustees of common schools, in said village, Trustees to shall be entitled to receive such monies from the commissioners, the trustees shall execute a bond to the supervisor of the town of Lewiston, in such penalty and with such sureties as the supervisor shall approve, conditioned that the trustees shall faithfully apply such monies towards the support of schools in the village of Lewiston, for the benefit of such of its inhabitants as shall have resided in the village at least six months; and shall render a just and true account of the expenditure of such monies, to the supervisor, when required.

$ 7. It shall be the duty of the trustees of the corporation Bonds to be of the village of Lewiston, in case of any breach of the condition of the bond given by such commissioners, and of the supervisor of the town of Lewiston, in case of any breach of the condition of the bond given by the trustees of common schools for the village of Lewiston, to sue for and recover on said bonds, all damages which may have accrued by such breaches, for the use of said schools.

This Title is a revision of the act of 1826. Laws of 1826, 239.

sued.

(501)

CHAP. XVI.
Of Highways, Bridges, and Ferries.

(Took effect January 1, 1828.)
TITLE 1. — Of highways and bridges.
TITLE 2. — Of the Regulation of ferries.

TITLE I.

OF HIGHWAYS AND BRIDGES.
Art. 1.- Of the officers entrusted with the care and superintendence of high-

ways and bridges; and their general powers and duties.
Art. 2. — Of the persons liable to work on highways, and the making of assess-

ments therefor. ART. 3. – Of the duties of overseers in regard to the performance of labor upon

highways, and of the performance of such labor, or the commutation

therefor. Art. 4. — Of the laying out of public and private roads, and of the alteration or

discontinuance thereof. ART. 5. — Regulations and penalties concerning the obstruction of highways, and

encroachments thereon.

TITLE 1.

Art. 6. — Of the erection, repairing, and preservation of bridges.
Art. 7. — Miscellaneous provisions of a general nature.

ARTICLE FIRST.
OF THE OFFICERS ENTRUSTED WITH THE CARE AND SUPERINTENDENCE

OF HIGHWAYS AND BRIDGES; AND THEIR GENERAL POWERS AND
DUTIES,

Commisbioners,

SEC. 1. Commissioners to have care of highways and bridges.

2. They have power to lay out and discontinue roads.
3. To account to auditors of town accounts.
4. To deliver statement of improvements necessary.
5. They shall cause mile-stones to be erected.
6 & 7. Duties of overseers of highways.
8. When to make new assessment.
9. Commissioners to cause guide-posts to be erected.
10. Overseers to keep them in repair.
11. Commissioners may procure a scraper, &c.
12. If monies are insufficient, deficiency assessed.
13. Compensation of overseers for excess of work.
14. If office of overseer vacant, commissioners to fill it.
15. Commissioners to cause warrant to be filed.
16. Penalties on overseers for neglect of duties.
17. Commissioners may prosecute for neglect of duty.
18. Commissioners to forfeit $10 for refusing to prosecute.

S 1. The commissioners of highways in the several towns their duty. in this state, shall have the care and superintendence of the

highways and bridges therein; and it shall be their duty,

1. To give directions for the repairing of the roads and bridges, within their respective towns :

2. To regulate the roads already laid out, and to alter such of them as they, or a majority of them, shall deem inconvenient:

3. To cause such of the roads used as highways, as shall

have been laid out but not sufficiently described, and such as [502] shall have been used for twenty years but not recorded, to be

ascertained, described, and entered of record in the town clerk's office:

4. To cause the highways, and the bridges which are or may be erected over streams intersecting highways, to be kept in repair:

5. To divide their respective towns iato so many road districts as they shall judge convenient, by writing under their hands, to be lodged with the town clerk, and by him to be entered in the town book; such division to be made annually, if they shall think it necessary, and in all cases to be made at least ten days before the annual town-meeting:

6. To assign to each of the said road districts, such of the inhabitants liable to work on highways, as they shall think proper, having regard to proximity of residence as much as may be; provided however, that whenever the commissioners of any town shall have neglected, for the period of one year, at any time after any public road or highway shall have been laid out, and title thereto acquired by due process of law to

ART. 1.

notice to the hole, or an the said soch road, torbe applied to rider

open or work the same, or any part thereof, and whenever any number of inhabitants of any town in or through which the said road has been laid out, shall have given ten days' notice to the commissioners of said town that they desire to apply the whole, or any part of their highway labor to the working of said road, the said commissioners shall forth with assign the said inhabitants to such road, direct the highway labor for which they are annually assessed to be applied to the same, and cause the same to be worked and put in good order for vehicles and travellers, within one year under the direction of any of the said inhabitants whom such commissioners may appoint as an overseer of the labor so to be applied to such road, and when the number of days labor assessed in the current year to such inhabitants, as their annual highway tax is not sufficient to put such road in good order, as aforesaid, then the said inhabitants may anticipate the whole, or any part of the highway labor assessed, and to be assessed against them, for a period not exceeding three years; but from no one of the districts into which the said town is divided shall more than one half of its annual labor be taken and applied to any road not embraced in said district; and,

7. To require the overseers of highways, from time to time, and as often as they shall deem necessary, to warn all persons assessed to work on highways, to come and work thereon, with such implements, carriages, cattle or sleds, as the said commissioners, or any one of them, shall direct.

2 R. L., 270, 8 1 & 2; Laws of 1853, ch. 63; 12 N. Y., 54; 6 NÀY, 264;

24 B., 170; 2 H., 469; 24 W., 492; 5 Ś. S. C., 297; 10 Pow. P. R.,
243; 32 B., 641; 27 B., 627; 6 H., 463; 7 W., 476; 4 H., 593;

1 D., 510; 7 B., 416; 8 B., 645; 11 B., 457; 15 B., 47); 19 B., 179. $ 2. The commissioners of highways shall have power, in To lay out the manner and under the restrictions herein after provided, tinue roads. to lay out on actual survey, such new roads in their respective towns as they may deem necessary and proper; and to discontinue such old roads and highways, as shall appear to them, on the oaths of twelve freeholders of the same town, to have become unnecessary.

5 N. Y., 572; 1 W., 370; 19 B., 179. S 3. The commissioners of highways of each town, shall To account. render to the board of town auditors at their annual meeting for auditing the accounts of town officers, an account in writing, stating,

1. The labor assessed and performed in such town:

2. The sums received by such commissioners for fines and commutations, and all other monies received under this Chapter:

3. The improvements which have been made on the roads and bridges in their town, during the year immediately preceding such report, and an account of the state of such roads and bridges : and,

4. A statement of the improvements necessary to be made

and discon

TITLE 1

roads and bridges.

Mie stones.

Overseere,

on such roads and bridges, and an estimate of the probable expense of making such improvements, beyond what the labor to be assessed in that year, will accomplish.

2 R. L., 270, $ 31. Repairs of . S 4. The commissioners of highways of each town, shall

o deliver to the supervisor of such town, a statement of the

improvements necessary to be made on the roads and bridges, together with the probable expense thereof; which supervisor shall lay the same before the board of supervisors at their

next meeting. The board of supervisors shall cause the (503] amount so estimated, to be assessed, levied and collected, in

such town, in the same manner as other town charges ; but the monies to be raised in any such town, shall not exceed in any one year, the sum of two hundred and fifty dollars.

2 R. L., 270, & 31; 1 H., 53; 7 W., 476; see Laws of 1857, ch. 615;

12 N. Y., 58. $ 5. It shall be the duty of the commissioners of highways of each town, to cause mile-boards or stones, to be erected, where not already erected, on the post-roads, and such other public roads in their town, as they may think proper, at the distance of one mile from each other, with such fair and legible inscriptions as they may think proper.

2 R. L., 270, $ 32.

S 6. It shall be the duty of the overseers of highways in their duty each town,

1. To repair and keep in order the highways within the several districts for which they shall have been elected :

2. When so required by the commissioners of highways, or any one of them, to warn all persons assessed to work on the highways in their respective districts, to come and work thereon:

3. To cause the noxious weeds on each side of the highway within their respective districts, to be cut down or destroyed twice in each year, once before the first day of July, and again before the first day of September; and the requisite labor shall be considered highway work: and,

4. To collect all fines and commutation money, and to execute all lawful orders of the commissioners.

2 R. L., 270, 8 3; 11 W., 667. S 7. It shall be the further duty of the overseers of highways, once in every month, from the first day of April until the first day of December, to cause all the loose stones lying on the beaten track of every road within their respective districts, to be removed; and to cause the monuments erected or to be erected as the boundaries of highways, to be kept up and renewed, so that the extent of such roads may be publicly known.

2 R. L., 270, § 15. New assess S 8. When the quantity of labor assessed on the inhabitants

of any road district by the commissioners, shall be deemed

again bef each year, onastricts, to beach side of the bi

Ib.

ment to be

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