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TITLE 1. Penalty.
S 104. If such removal shall not be made, within sixty days after the service of such notice, the occupant to whom the notice shall be given, shall forfeit the sum of fifty cents for every day, after the expiration of that time, for which such fences shall continue unremoved, and the commissioners of highways may remove or cause to be removed such encroachment, and the occupant of the premises shall pay to the commissioners of highways all reasonable charges therefor to be collected in the manner provided in the forty-fifth section of said title.
2 R. L., 277 ; Laws of 1840, ch. 300. Proceed S 105. If the occupant to whom notice is given, shall within ings if en. croach
· five days deny such encroachment, the commissioners, or some ment be denied.
one of them, shall apply to any justice of the peace of the county, for a precept directed to any constable of the town, to summon twelve freeholders thereof, to meet at a certain day and place, to be specified in such precept, and not less than four days after the issuing thereof, to inquire into the premises. The constable to whom such precept shall be directed shall give at least three days' notice to the commissioners of highways of the town, and to the occupant of the land, of the time and place at which such freeholders are to meet.
2 R. S., 277; Laws of 1840, ch. 300; 3 W., 468; 13 J. R., 460. $ 106. On the day specified in the precept, the jury so summoned, shall be sworn by such justice, well and truly to inquire whether any such encroachment has been made, and by whom. Such witnesses as may be produced by either party, shall also be sworn by such justice; and the jury shall hear the proofs and allegations which may be produced and submitted.
3 W., 471. § 107. If the jury find that any encroachment has been made, they shall make and subscribe a certificate in writing, stating the particulars of such encroachment, and by whom made; which shall be filed in the office of the town clerk. The occupant of the land, whether such encroachment shall have been made by him, or by any former occupant, shall remove his fences within sixty days after the filing of such certificate, under the penalty provided in the one hundred and fourth section of this Title. He shall also pay the costs of such inquiry; and if the same shall not be paid within ten days, the justice shall issue a warrant for the collection thereof, in the manner provided in the forty-third section of this Title.
2 R. L., 277; 26 B., 592 ; 19 B., 537; 12 B., 610; 22 W., 135; 7 W., 300. S 108. If the jury find that no encroachment has been made, they shall so certify, and shall also ascertain and certify the damages which the then occupant shall have sustained by such proceeding; which, together with the costs thereof, shall
Verdict, how enforced.
fenees to be
(623) Fallen trees
be paid by the commissioners, and shall be a charge in their favor against the town by which they shall have been elected.
S 109. No person shall be required to remove any fence under the preceding provisions of this Article, except between removed. the first day of April and the first day of November in any year.
14 W., 255. $ 110. If any tree shall fall, or be fallen by any person from any enclosed land into any highway, any person may to be regive notice to the occupant of the land from which such tree moved. shall have fallen, to remove the same within two days. If such tree shall not be removed within that time, but shall continue in such highway, the occupant of the land shall forfeit the sum of fifty cents for every day thereafter, until such tree shall be removed.
2 R. L., 278, $ 27. S 111. In case any person shall cut down any tree on land Penalty for
falling not occupied by him, so that it shall fall into any highway, trees. river or stream, unless by the order and consent of the occupant, the person so offending shall forfeit to such occupant, the sum of one dollar for every tree so fallen, and the like sum for every day the same shall remain in such highway, river or stream.
$ 112. Whoever shall cut, or cause to be cut down, any For not rotree, so that the same shall fall into any river or stream, from which now is or hereafter shall be declared a public highway, and shall not remove the same out of such river or stream, within twenty-four hours thereafter, shall forfeit five dollars for every tree so cut down and left remaining.
$ 113. No swinging or other gates shall be allowed on any Swinging public highway, laid out by virtue of this Title, or which has heretofore been laid out, other than such public highways as run through lands liable to be overflowed by the waters of the adjacent rivers or streams, in such manner as to remove the fences thereon.
2 R. L., 278, 8 30. $ 114. Such gates shall be erected and kept in good repair, How erect
' ed and preby the overseers of highways of the town, at the proper costs served. and charges of the occupant of the land, for whose benefit the same shall be erected.
$ 115. If more than one gate shall be erected, and the inter- Expense. mediate land between the gates, at the extremities of such lands, shall be in the occupation of more than one person benefitted by such gates, the whole charge of erecting and keeping the same in repair, shall be borne by all the occupants benefitted thereby, in proportion to the extent of land each occupies adjoining the highway, between the gates at the extremities aforesaid.
S 116. The overseer of every road district in which such Proceedgates shall be, shall, on or before the first day of November collect.
closed, &c., penalty.
in every year, make out and file with the town clerk, a statement of the charges incurred in the erection or repairing of such gates, with the name of the person bound to defray the
same; which account shall be verified by the oath of such  overseer. If more than one person is liable to defray such
charges, the statement shall also contain an apportionment thereof between such persons, stating the amount to be paid
by each. Proceedings $ 117. The overseer shall, within ten days after filing the
statement, demand of every person bound to pay such charges, or to contribute thereto, the sum due from him, according to such statement; and if any person shall refuse or neglect to pay such monies within six days after demand, it shall be the duty of the overseer to make complaint to a justice of the peace of the town, and the like proceedings shall be bad for the recovery of such monies, as in the recovery of fines,
for refusing or neglecting to work on the highways. Gates to be S 118. The commissioners of highways shall file an account
' of such gates in the town clerk's office; and if any person
shall open any such gate, and shall not, immediately after
120. Not more than 1,000 dollars to be raised in any one year.
$ 119. Whenever it shall appear to the board of supervisors expense of of any county, that any one of the towns in such county,
would be unreasonably burthened, by erecting or repairing any necessary bridge or bridges, in such town, such board of supervisors shall cause such sum of money to be raised and levied upon the county, as will be sufficient to defray the expenses of erecting or repairing such bridge or bridges, or such part of such expenses as they may deem proper; and such monies, when collected, shall be paid to the commissioners of highways of the town, in which the same are to be expended.
2 R. L., 281, 8 33; Law of 1847, ch. 455; 12 N. Y., 57; 1 H., 53. $ 120. No board of supervisors shall, under the last preceding section, cause any sum exceeding one thousand dollars,
to be levied and raised on any county in any one year. Appeal. $ 121. In case the commissioners of highways of any town,
shall be dissatisfied with the determination of the board of
supervisors of their county, touching an allowance for any such bridges, such determination shall, on the application of the commissioners, be reviewed by the court of sessions of the same county, whose order in the premises shall be observed by every such board of supervisors.
S 122. The commissioners of highways of each town, may (525) put up and maintain in conspicuous places, at each end of Ane, &c. any bridge in such town, maintained at the public charge, and the length of whose chord is not less than twenty-five feet, a notice with the following words in large characters, “one dollar fine for riding or driving on this bridge, faster than a walk.”
Laws of 1827, 234, § 2. $ 123. Whoever shall ride or drive faster than on a walk, Penalty. over any bridge, upon which, such notices shall have been placed, and shall then be, shall forfeit for every offence the sum of one dollar.
$ 124. Whoever shall injure any bridge maintained at the Injaries to public charge, shall, for every offence, forfeit treble damages.
See Laws of 1841, ch. 225; 1838, ch. 262; 1857, ch. 383, 639; 1858, ch.
ARTICLE SEVENTH. MISCELLANEOUS PROVISIONS OF A GENERAL NATURE. SEC. 125. When two commissioners may make orders.
126. Who to have the use of trees on land over which highway is laid out. 127. By whom trees may be planted on side of highway. 128. Penalty for destroying, &c., mile-board. 129. Penalty for defacing, &c., description on guide-board. 130. Treble damages for injuring highway. 131. Penalties, when to be recovered by commissioners. 132. To what places provisions of this Title are to extend. $ 125. Any two commissioners of highways, of any town, Two.com.
missioners may make any order, in execution of the powers conferred may act. in this Title; provided it shall appear in the order filed by them, that all the commissioners of highways of the town met and deliberated on the subject embraced in such order, or were duly notified to attend a meeting of the commissioners, for the purpose of deliberating thereon.
Laws of 1826, 229, 8 9; 30 B., 347; 27 B., 99; 15 B., 480; 22 W., 135. 126. All trees standing or lying on any land over which Trees; to any highway shall be laid out, shall be for the proper use of belong. the owner or occupant of such land, except such of them as may be requisite to make or repair the highways or bridges on the same land.
2 R. L., 279, § 28. $ 127. Any person owning land adjoining any highway to not less than three rods wide, may plant or set out trees on the side of such highway contiguous to his land; which trees shall be set in regular rows, at a distance of at least six feet from each other. Whoever shall cut down, destroy or injure preparing
any tree that has been or shall be so planted or set out, shall be liable in damages to the owner of such adjoining land.
$ 128. Whoever shall destroy, remove, injure or deface any mile-board or mile-stone, erected on any highway, shall forfeit for every offence, the sum of ten dollars; he shall also be deemed guilty of a misdemeanor, and on conviction, shall be fined not exceeding fifty dollars, or imprisoned not exceeding three months, at the discretion of the court.
? R. L., 280, 8 32. S 129. Whoever shall injure or deface any description affixed to a guide-post erected on any highway, or destroy or injure any such guide-post, shall be liable to all the penalties provided in the last preceding section. ·
2 R. L., 280, § 34; 14 How. P. R., 303. S 130. Whoever shall injure any highway, by obstructing or diverting any creek, water-course or sluice, or by drawing logs or timber on the surface of any road or bridge, or by any other act, shall, for every such offence, forfeit treble damages.
9 How. P. R., 83; 23 W., 451. $ 131. All penalties and forfeitures given in this Title, and not otherwise specially provided for, shall be recovered by the commissioners of highways of the town, in which the offence shall be committed ; and when recovered, shall be applied by them in improving the roads and bridges in such town.
17 B., 481; 5 H., 215. $ 132. The provisions of this Title shall be construed to extend to all parts of the state, except where special provisions inconsistent therewith, have been or shall be made by law, in relation to particular counties, cities, villages or towns.
See Laws of 1835, ch. 300; 1833, ch. 97; 18 B., 22.
Penalties, how recovered.
Extent of this Title.
OF THE REGULATION OF FERRIES.
2. Owner of land through which highway runs, first entitled.
S 1. The court of common pleas in each of the counties of this state, shall grant licenses for keeping ferries in their respective counties, to as many suitable persons as they may think proper; which licenses shall continue in force, for a term to be fixed by the court, not exceeding three years.
2 R. L., 210, § 2; 14 How. P. R., 261; 11 W., 590.