Mason on Highways: Containing the New York Highway Law and All Constitutional and General Statutory Provisions Relating to Highways, Highway Officers, Their Powers and Duties : Including the Good Roads Law of 1898 and 1901 : All as Amended to the Session of 1903 with Annotations and Forms

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Contents

Auditing expense thereof 2223
22
Accounts how made out 2324
23
Unsafe tollbridge 2425
24
Drainage sewer and water pipes in highways 2526
25
Actions for injuries to highways 2627
26
Liability of towns for defective highways 2737
27
Action by town against commissioners
38
Report of commissioners 3940
39
General duties of overseers 4043
40
Opening obstructed highways 4344
43
Penalties against overseers 4445
44
Penalties how collected
45
Division of town into highway commissioner districts
46
ARTICLE II
47
List of inhabitants
48
Assessment of highway labor how made 4951
49
Copies of lists delivered to overseers 5152
51
Names omitted
52
Certain assessments to be separate
53
Reassessment in case of neglect
54
Sidewalks and trees
55
Abatement of tax for shade trees
56
Certificate of anticipation
57
Abatement of tax for watering trough
58
Vote thereon
59
53a Duty of highway commissioners in certain towns
61
Adoption of county road system
62
Apportionment of expenditures for county roads
63
59a Proceeds of county bonds use of surplus
64
Notice to nonresidents 6566
65
Commutation 6667
66
Teams and implements
67
Assessment for unperformed labor
69
Collection of arrearages for unperformed labor
70
Noxious weeds in highway 7172
71
Overseers or commissioners of highways to notify owners or occupants to remove weeds 7273
72
Abatement of tax for removal of fence
73
Survey 7880
78
Application 8081
80
Application for commissioners 8183
81
Appointment of commissioners and their duties 8384
83
Notice of meeting 8485
84
Decision of commissioners in favor of application 8590
85
Damages in certain cases how estimated 9091
90
Decision of commissioners denying application 9192
91
Motion to confirm vacate or modify 9296
92
Limitations upon laying out highways 96100
96
Highways by use 111113
111
Fences to be removed
113
Fallen trees to be removed
114
How removed and liability for not removing 118123
118
Private road 123124
123
Jury to determine necessity and assess damages 124125
124
Copy application and notice delivered to applicant
125
List of jurors
126
Jury to determine and assess damages
127
Damages to be paid before opening the road
128
Costs of new hearing
129
Highways or roads along division lines
130
ARTICLE V
131
Additional county aid repealed
134
Refusal to repair 135136
135
Proceedings in court 136137
136
Commissioners to institute proceedings
137
Appeals
138
Penalty and notice on bridge 139140
139
Offense
140
When commissioners do not act
141
Injuries to highways
142
Steam traction engines on highway
143
Carriages meeting to turn to the right etc 144148
144
Intemperate drivers not to be engaged
148
Leaving horses without being tied
149
Entitled to free use of highways 150151
150
Penalties how recovered
152
Use of highways by automobiles
153
169b Penalties
154
Undertaking 155156
155
Appendages for rope ferries
156
ARTICLE VIII
157
Duties of county engineer 158159
158
Contracts for the construction of highways
159
Construction and repair of bridges
160
Report of county engineer
161
Laws repealed
162
Article XIII section 1
168
So in the original
176
Powers as to tires on vehicles
178
Laws 1897 chapter 481 section 21 An act to amend the Town
186
Laws 1901 chapter 240 An act supplementary to the above 196201
196
Laws 1891 chapter 309 An act to authorize overseers of high
202
Laws 1895 chapter 717 An act to compel highway commissioners
203
Forms 211303
303
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Page 168 - Members of the Legislature, and all officers, executive, and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation. " I do solemnly swear (or affirm...
Page 168 - ... consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained, or in case the consent of such property owners cannot be obtained, the Appellate Division of the Supreme Court, in the department in which it is proposed to be constructed, may, upon application, appoint three Commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to...
Page 168 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 220 - ... that the same is true of his own knowledge except as to the matters therein stated to be on information and belief, and as to those matters he believes it to be true.
Page 162 - Laws repealed. - Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed.
Page 162 - The repeal of a law or any part of it specified in the annexed schedule shall not affect or impair any act done, or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to May 1, 1891, under or by virtue of any law so repealed, but the same may be asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such law had not been repealed.
Page 179 - Except as otherwise provided in this section, all town officers hereafter elected at a biennial town meeting held at any time between the first day of February and the first day of May...
Page 192 - One-half of the expense of the construction thereof shall be paid by the state treasurer upon the warrant of the comptroller, issued upon the requisition of such engineer, out of any specific appropriations made to carry out the provisions of this act.
Page 184 - ... such and so many of the inhabitants of such town liable to work on the highways and residing in the vicinity of the place where such fire shall be as they shall severally deem necessary, to repair to the place where such fire shall prevail, and there to assist in extinguishing the same or in stopping its progress.
Page 292 - Term thereof, to be held at the court house, in the of , on the day of , 190. ., at the opening of the court on that day, or as soon thereafter as counsel can be heard, for an order...

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