appealing, to be levied and paid as part of the contingent ART. 3 expenses of such town. roads. [508] $29. It shall be the duty of the commissioners of highways Private of each town, to credit such persons as live on private roads, and work the same, so much on account of their assessments, as such commissioners may deem necessary to work such private road; or to annex such private roads to some of the highway districts. 2 R. L., 277, § 21. sessments separate. $30. Whenever the commissioners of highways shall assess Certain asthe occupant, for any land not owned by such occupant, they to be shall distinguish in their assessment lists, the amount charged upon such land, from the personal tax, if any, of the occupant thereof. But when any such land shall be assessed in the name of the occupant, the owner thereof shall not be assessed during the same year to work on the highways on account of the same land. Laws of 1826, 228, § 1. deduct S31. Whenever any tenant of any land for a less term than Tenant to twenty-five years, shall be assessed to work on the highways, assessment. for such land, pursuant to the last preceding section, and shall actually perform such work, or commute therefor, he ameni 1964 shall be entitled to a deduction from the rent due, or to become due from him, for such land, equal to the full amount of such assessment, estimating the same at the rate of sixtytwo and a half cents per day; unless otherwise provided for by covenant or agreement, between such tenant and his landlord Laws of 1826, 228, § 5; see Laws of 1849, ch. 250; 1837, ch. 431; 1832, ch. 107. ARTICLE THIRD. OF THE DUTIES OF OVERSEERS IN REGARD TO THE PERFORMANCE OF LABOR UPON HIGHWAYS; AND OF THE PERFORMANCE OF SUCH LABOR SEC. 32. Overseers to give notice to persons assessed. 33. Notice when to be given to agents. 34. How given where no agent. 35. Persons to work unless they commute. 36. Persons commuting, to pay after notice. 37. Overseers may require a team, &c. 38. Persons may appear by substitutes. 39. Persons not working faithfully, to forfeit one dollar. 40. Penalty for not commuting or not appearing, &c. 41. Overseers to make complaint of delinquents. 42. Justice to summon delinquent. 43. If no sufficient cause be shown, delinquent to be fined. 44. Money collected, how applied. 45. Penalties collected, to be set off against assessment. 46. Excuse not to exempt from commuting or working. 47. Overseers to return non-resident labor unpaid. 48. Penalty for neglect. 49. Lists of non-resident labor to be laid before supervisors. TITLE 1. Notice to Where to SEC. 50. Board to cause amount to be collected. 51. Overseers to account to commissioners annually. 53. If overseer refuse, &c., to forfeit five dollars. S32. It shall be the duty of the overseers of highways, to give at least twenty-four hours' notice to all persons assessed to work on the highways, and residing within the limits of their respective districts, of the time and place, when and where they are to appear for that purpose, and with what [509] implements; but no person being a resident of the town, shall be required to work on any highway, other than in the district in which he resides, unless he shall elect to work in some district where he has any land; and in such case he may, with the approbation of the commissioners of highways, apply the work assessed in respect to such land, in the district where the same is situated. 2 R. L., 272, § 9; 27 B., 629. $ 33. It shall be the duty of the several overseers of highways, to notify the agent of every non-resident landholder, whose lands are assessed, (if such agent reside in the town where such assessment is made) of the number of days such non-resident is assessed, and of the time when, and the place where the labor is to be performed; which notice shall be given at least five days previous to the time appointed. $34. If the overseer cannot ascertain that such non-resident has an agent within such town, he shall affix a written notice on the outer door of the building in which the last townmeeting in such town was held, containing a list of the names of such non-residents, when known, and a description of the tracts of land comprised in his list, together with the number of days' labor, assessed on each tract, and a specification of the time when, and place where such labor is to be performed; which notice shall be posted at least twenty days before the time appointed for performing such labor. $ 35. Every person liable to work on the highways, shall work the whole number of days for which he shall have been assessed; but every such person, other than an overseer, may elect to commute for the same, or for some part thereof, at the rate of sixty-two and a half cents for each day; in which case such commutation money shall be paid to the overseer of highways, of the district in which the person commuting shall reside, to be applied and expended by such overseer in the improvement of the roads and bridges in the same district. 2 R. L., 272, $8; 8 N. Y., 325. $36. Every person intending to commute for his assessment, or for any part thereof, shall, within twenty-four hours after he shall be notified to appear and work on the highways, pay the commutation money for the work required of him by such notice; and the commutation shall not be considered as complete until such money be paid. 8 N. Y., 325. ART. 3. $37. Every overseer of highways shall have power to re- Teams, &c. quire a team; or a cart, wagon or plough, with a pair of horses or oxen, and a man to manage them; from any person having the same within his district, who shall have been assessed three days or more, and who shall not have commuted for his assessment; and the person furnishing the same upon such requisition, shall be entitled to a credit of three days for each day's service therewith. 2 R. L., 272, § 7. [510] Substi tutes; hours to work. $ 38. Every person assessed to work on the highways and warned to work, may appear in person or by an able bodied t man as a substitute; and the person or substitute so appearing, shall actually work eight hours in each day, under the penalty of twelve and a half cents for every hour such person or substitute shall be in default, to be imposed as a fine on the person assessed. 2 R. L., 272, § 12. $39. If any such person or his substitute shall, after appear- Penalty for ing, remain idle, or not work faithfully, or hinder others from negleci, &c. working, such offender shall, for every offence, forfeit the sum of one dollar. 2 R. L., 272, § 9. for not &c. S40. Every person so assessed and duly notified, who shall Penalties not commute, and who shall refuse or neglect to appear as working, above provided, shall forfeit for every day's refusal or neglect, the sum of one dollar. If he was required to furnish a team, carriage, man or implements, and shall refuse or neglect to comply, he shall be fined as follows: 1. For wholly omitting to comply with such requisition, three dollars for each day; 2. For omitting to furnish a cart, wagon or plough, one dollar for each day; 3. For omitting to furnish a pair of horses or oxen, one dollar for each day; 4. For omitting to furnish a man to manage the team, one dollar for each day. 2 R. L., 272, § 7. S41. It shall be the duty of every overseer of highways, Comwithin six days after any person so assessed and notified, shall how made. be guilty of any refusal or neglect for which a penalty or fine is prescribed in this Title, unless a satisfactory excuse shall be rendered to him for such refusal or neglect, to make complaint on oath, to one of the justices of the peace of the town. 2 R. L., 272, § 9; 5 D., 102; 1 J. R., 515; 10 J. R., 470. ings. S42. The justice to whom such complaint shall be made, Proceedshall forthwith issue a summons directed to any constable of the town, requiring him to summon such delinquent, to appear forthwith before such justice, at some place to be specified in the summons, to shew cause why he should not be fined according to law for such refusal or neglect; which summons shall be served personally, or by leaving a copy at his personal abode. 3 J. R., 474; 9 J. R., 229. S43. If, upon the return of such summons, no sufficient cause shall be shown to the contrary, the justice shall impose such fine as is provided in this Title for the offence complained of, and shall forthwith issue a warrant under his hand and seal, directed to any constable of the town where such delinquent shall reside, commanding him to levy such fine, with the costs of the proceedings, of the goods and chattels of such delinquent. S44. The constable to whom such warrant shall be directed, shall forthwith collect the monies therein mentioned. He shall pay the fine when collected, to the justice who issued the warrant, who is hereby required to pay the same to the overseer who entered the complaint, to be by him expended in improving the roads and bridges in the district of which he is overseer. 2 R. L., 272, § 9. $45. Every penalty collected for a refusal or neglect to appear and work on the highways, shall be set off against the assessment upon which it was founded, estimating every dollar collected as a satisfaction for one day's work. S46. The acceptance by an overseer of any excuse for refusal or neglect, shall not in any case, exempt the person excused for commuting for, or working, the whole number of days for which he shall have been assessed during the year. $47. Every overseer of highways, shall, on or before the first day of October, in each year, make out and deliver to the supervisor of his town, a list of all the lands of nonresidents, and of persons unknown, which were taxed on his lists, on which the labor assessed by the commissioners of highways has not been paid, and the amount of labor unpaid; and the said overseer, previous to delivering such list, shall make and subscribe an affidavit thereon, before some justice of the peace of such town, that he has given the notice required by the thirty-third and thirty-fourth sections of this Title, and that the labor for which such land is returned, has not been performed. S 48. If any overseer shall refuse or neglect to deliver such list to the supervisor, as provided in the last preceding section, or shall refuse or neglect to make the affidavit as therein directed, he shall, for every such offence, forfeit the sum of five dollars, and also the amount of tax or taxes for labor remaining unpaid, at the rate of sixty-two and a half cents for each day; to be recovered by the commissioners of highways of the town, and to be applied by them in making and improving the roads and bridges in such town. S 49. It shall be the duty of the supervisors of the several ART. 3. ings, &c. towns, to receive the lists of the overseers of highways, when [512] turn of 1.00 $51. Every overseer of highways shall, on the second Annual reTuesday next preceding the time of holding the annual town- overseers. meeting, in his town, within the year for which he is elected or appointed, render to one of the commissioners of highways of the town, an account in writing, verified by his oath, and containing, 1. The names of all persons assessed to work on the highways in the district of which he is overseer: 2. The names of all those who have actually worked on the highways, with the number of days they have so worked: 3. The names of all those who have been fined, and the sums in which they have been fined: 4. The names of all those who have commuted, and the manner in which the monies arising from fines and commutations have been expended by him: 5. A list of all lands which he has returned to the supervisor for non-payment of taxes, and the amount of tax on each tract of land so returned. 2 R. L., 272, § 13; see Laws of 1833, ch. 149. monies. S52. Every such overseer shall also then and there pay to To pay over the commissioner, all monies remaining in his hands unexpended, to be applied by the commissioners in making and improving the roads and bridges in the town, in such manner as they shall direct. how col· S 53. If any overseer shall refuse or neglect to render such Penalty account, or if having rendered the same, he shall refuse or lected. neglect to pay any balance which may then be due from him, he shall, for every such offence, forfeit the sum of five dollars, to be recovered, with the balance of monies remaining in his hands, by the commissioners of highways of the town, and to be applied in making and improving the roads and bridges. It shall be the duty of the commissioners of highways to prosecute for such penalty in every instance in which no return is made. See Laws of 1832, ch. 107; 1833, ch. 149. 1894 |