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roads and bridges.
Overbeere, their duty.
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
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  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. 1
2 R. L., 270, $ 31; I H., 53; 7 W., 476; see Laws of 1857, ch. 615;
12 N. Y., 58. S 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. $ 6. It shall be the duty of the overseers of highways in 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, $ 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. $ 8. When the quantity of labor assessed on the inhabitants
of any road district by the commissioners, shall be deemed
ment to be
ART. 1. made by
insufficient by the overseer of such district to keep the roads
2 R. L., 270, $ 6.
2 R. L., 281, 8 34. $ 10. It shall be the duty of the overseers of highways of [504) each town, to maintain and keep in repair, at the expense of Ib. the town, such guide-posts as may have been erected by order of the commissioners, within the limits of the districts for which they shall have been respectively elected or appointed.
2 R. L., 281, § 34. S 11. The commissioners of highways, whenever they shall Scrapers think it necessary or useful, may direct and empower any ploughs. overseer of highways in their respective towns, to procure a good and sufficient iron or steel-shod scraper, and plough, or either of them, for the use of his road district; to be paid for, by the monies arising from commutations and fines within such district.
2 R. L., 281, § 11. $ 12. In case such monies shall be insufficient for the pur- Ib. pose, the deficiency shall be assessed by the overseers upon the inhabitants of the districts, in the proportion they are respectively assessed on the assessment roll of said town; and if any one so assessed, shall neglect or refuse to pay such assessment, the same may be sued for and recovered by the overseer.
$ 13. If any overseer shall be employed more days in exe- Excess of cuting the several duties enjoined on him by this Chapter, wperseers. than he is assessed to work on the highway, he shall be paid for the excess at the rate of seventy-five cents per day, and be allowed to retain the same out of the monies which may come into his hands for fines under this Chapter; but he shall not be permitted to commute for the days he is assessed.
2 R. L., 281, $ 3. $ 14. If any person chosen to the office of overseer of Vacancy in highways, shall refuse to serve, or if his office shall become vacant, the commissioners of highways of the town, shall, by warrant under their hands, appoint some other person in his
Penalties on overseers,
stead; and the overseer so appointed, shall have the samo powers, be subject to the same orders, and liable to the same penalties, as overseers chosen in town-meeting.
2 R. L., 281, § 14. $15. The commissioners making the appointment, shall cause such warrant to be forthwith filed in the office of the town clerk, who shall give notice to the person appointed as in other cases.
$ 16. Every overseer of highways who shall refuse or neglect either,
1. To warn the people assessed to work on the highways, when he shall have been required so to do, by the commissioners, or either of them :
2. To collect the monies that may arise from fincs or commutations : or,
3. To perform any of the duties required by this Chapter,
or which may be enjoined on him by the commissioners of (505) highways of his town, and for the omission of which, a penalty
is not hereinafter provided :
Shall for every such refusal or neglect, forfeit the sum of ten dollars, to be sued for by the commissioners of highways of the town; and when recovered, to be applied by them in
making and improving the roads and bridges therein. To be pro S 17. It shall be the duty of the commissioners of highways
of each town, whenever any person resident in their town shall make complaint that any overseer of highways in such town, has refused or neglected to perform any of the duties enumerated in the last preceding section, and shall give or offer to such commissioners, sufficient security to indemnify them against the costs which may be incurred in prosecuting for the penalty annexed to such refusal or neglect, forthwith
to prosecute such overseer for the offence complained of. Penalty for S 18. If such commissioners of highways shall refuse or neglect.
neglect to prosecute for such penalty, they shall, in every such case, forfeit the sum of ten dollars, to be recovered by the person who shall have made such complaint, and given or offered such security.
Laws of 1826, 229, 8 6; 11 W., 667; see Laws of 1855, ch. 255.
secuted by commisbioners.
OF THE PERSONS LIABLE TO WORK ON HIGHWAYS, AND THE MAKING OF
20. When commissioners to meet.
SEC. 28. Proceedings of judges thereon.
29. Commissioners to credit persons working private roads. 30. When amount assessed to be distinguished from tax. 31. Tenants when assessed, entitled to a deduction. $ 19. Every person owning or occupying land in the town Persons lia
ble to be in which he or she resides, and every male inhabitant above assessed. the age of twenty-one years residing in the town, when the assessment is made, shall be assessed to work on the public highways in such town; and the lands of non-residents, situated in such town, shall be assessed for highway labor, as herein after directed.
2 R. L., 271, § 4; Laws of 1826, 228, § 1; 12 W., 392; see Laws of
1832, ch. 107; 1835, ch. 154. $ 20. The commissioners of highways of each town, shall Mcetings of meet within eighteen days after they shall be chosen, at the sioners. place of town-meeting, on such day as they shall agree upon, and afterwards at such other times and places as they shall think proper.
S 21. Each of the overseers of highways shall deliver to the (506] clerk of the town, within sixteen days after his election or Lists of inappointment, a list subscribed by such overseer, of the names of all the inhabitants in his road district, who are liable to work on the highways.
2 R. L., 271, $ 4; Laws of 1826, 228, 8 1. $ 22. The commissioners of highways in each town, at their Non-resifirst or any subsequent meeting, shall make out a list and how ap statement of the contents of all lots, pieces or parcels of land praised. within such town, owned by non-residents therein. Every lot so designated, shall be described in the same manner as is required from assessors, and its value shall be set down opposite to such description ; such value shall be the same as was affixed to such lot in the last assessment roll of the town; and if such lot was not separately valued in such roll, then in proportion to the valuation which shall have been affixed to the whole tract of which such lot shall be a part.
Laws of 1835, ch. 154. S 23. The town clerk shall deliver the lists filed by the over- Lists of inseers, to the commissioners of highways of the town; who shall proceed, at their next meeting, or at some subsequent meeting, to ascertain, estimate and assess the highway labor to be performed in their town, the then ensuing year.
S 24. In making such estimate and assessment, the commissioners shall proceed as follows:
1. The whole number of days'-work to be assessed in each ments. year, shall be ascertained, and shall be at least three times the number of taxable inhabitants in such town:
2. Every male inhabitant being above the age of twentyone years, (excepting ministers of the gospel, and priests of every denomination, paupers, idiots, and lunatics,) shall be assessed at least one day:
I. - 59
y non-residences or parceis ist and die we nendes,
Proceedings in making
3. The residue of such days'-work, shall be apportioned upon the estate real and personal of every inhabitant of such town, as the same shall appear by the last assessment roll of the said town, and upon each tract or parcel of land, of which the owners are non-residents, contained in the list made as aforesaid:
4. If after such apportionment, there shall be any deficiency in the number of days’-work determined by the commissioners, to be performed in their town, the then ensuing year, such deficiency shall be assessed upon the estates real and personal of the inhabitants of the town, and upon each tract or parcel of land of which the owners are non-residents according to the last assessment roll :
5. The commissioners shall affix to the name of each person named in the lists furnished by the overseers, and also to the description of each tract or parcel of land contained in the list prepared by them, of non-resident lands, the number of days which such person or tract shall be assessed for highway labor, as herein directed, and the commissioners shall subscribe such lists, and file them with the town clerk.
Laws of 1835, ch. 154; 31 B., 139; see Laws of 1837, ch. 431; 1832,
ch. 107. $ 25. The commissioners shall direct the clerk of the town to make a copy of each list, and shall subscribe such copies; after which, they shall cause the several copies to be delivered to the respective overseers of highways of the several districts in which the highway labor is assessed.
2 R. L., 271, 8 4; Laws of 1826, 228, § 1. § 26. The names of persons left out of any such list, and of new inhabitants, shall from time to time be added to the several lists, and they shall be rated, by the overseers in proportion to their real and personal estate, to work on the highways, as others rated by the commissioners on such lists, subject to an appeal to the commissioners.
$ 27. Whenever any non-resident owner shall conceive himself aggrieved by the assesments of any commissioners of highways, in carrying into effect the provisions of this Article, it shall be lawful for such owner, or his agent, within thirty days after such assessment, to appeal to any three judges of the court of common pleas of the county in which such land is situated.
$ 28. It shall be the duty of such judges within twenty days thereafter, to convene and decide on such appeal, the said owner or agent giving notice to the commissioners of the time of the meeting of the judges; and their decision, or that of any two of them, shall be final and conclusive in the premises. Each judge shall be entitled to receive for his services on such appeal, two dollars for each day he may be employed thereon, to be paid by the party appealing, if the proceedings of the commissioners and overseers shall be affirmed; but if reversed or modified favorable to the party
1. The names, shall from be rate
Names omitted, &c.
Appeals by non-resi dents.