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Mode of collection.

Further remedies against


§ 448. The justice to whom complaint is made shall forthwith issue a summons directed to any constable of the town, requiring him to summons the delinquent to appear forthwith before the justice, at a place specified, and show cause why he should not be fined for such neglect. The summons shall be served upon the delinquent personally or by leaving it at his residence.' If the delinquents be a corporation, the summons may be for any number of offenses, and shall be served in the manner provided by law for service of summons in the supreme court against corporations.'


upon return of the summons no sufficient cause be shown the justice shall impose the penalty prescribed and issue a warrant under his hand, directed to any constable of the town where the delinquent resides, commanding him to levy it with costs, which he shall forthwith do, and pay the same, deducting his fees, to the justice, who shall pay the same to the overseer making the complaint, to be expended by him on his district. But penalties collected from corporations shall be paid by the constable collecting the same to the commissioners of highways, and may be expended by them in any district of the town."

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§ 449. In case the penalties incurred by a corpo

ration cannot be thus collected, the commissioners

of highways may bring an action against it therefor, or the same proceedings may be had as in the collection of county taxes against corporations.

1 R. S., 1035, § 31.

to be set off



§ 450. Penalties collected for neglect to work Penalties are to be set off against the assessments upon which they were founded, estimating one dollar as a satisfaction for one day's work.

Ib., 1038, § 55.

neglect does not


from labor.

§ 451. The overseer's acceptance of an excuse for Excuse for a neglect in no case exempts the person excused from performing or commuting for the whole number of days' work for which he was assessed.


to return arrearages


§ 452. Every overseer shall, on or before the Overseers first day of October in each year, deliver to the to the supervisors a list of all the lands of non-residents. and of persons unknown, and of those in charge of executors or administrators, which were assessed in his lists, on which the labor assessed has not been paid, stating the amount of labor unpaid; with his affidavit, made before a justice of the peace of the town, that he gave the notice required by section 431, and that the labor for which such land is returned has not been performed. For neglect thereof the overseer shall forfeit five dollars, and also the amount of unpaid labor, at the rate of

Supervisors to assess arrearages by tax.


to render

account to the commissioners.

sixty-three cents for each day thereof, to be recovered by the commissioners and expended on the highways of the town.

1 R. S., 1039, §§ 57, 58. Sixty-three cents is here substituted for sixty-two and a half. The clause including lands under care of executors, &c., is from the Long Island act, as amended 1857, ch. 181,


§ 453. The supervisor shall lay such return before the board of supervisors, who shall, at their next meeting, cause the unpaid labor (estimated at sixty-three cents per day) to be levied on the lands returned, and to be collected like the contingent charges of the county, and shall order the same, when collected, to be paid to the commissioners of the town, to be expended on the district for whose benefit the labor was assessed.

1 R. S., 1039, §§ 59, 60.

§ 454. Every overseer shall, on the second Tuesday next preceding the time for the annual town meeting, within the year for which he is appointed or elected, render to one of the commissioners a written account, verified by his oath, which may taken before one of the commissioners, containing:


1. The names of all persons assessed to work in his district;

2. The names of all who have actually worked, and the number of days they have done so;

3. The names of all who have been fined, and the sums in which they were fined;

4. The names of all who have commuted, and the manner in which he has expended the fines and commutations;

5. A list of all lands returned to the supervisor for non-payment, and the amount of tax on each parcel.

1 R. S., 1039, § 61.



§ 455. At the same time the overseer shall pay And pay to the commissioner all moneys remaining in his unexpended hands unexpended, to be applied by the commissioners upon the highways of the town.

Ib., 1040, § 62.

failure to

return or

pay over.

§ 456. Every overseer who neglects to make Penalty for the return to the commissioner, or, making it, neglects to pay over the balance, shall forfeit five dollars, to be recovered, with the balance, by the commissioners; and it is the duty of the commissioners to prosecute for such a penalty in every instance in which no return is made.

Ib., § 63.

Who may apply for change.



SECTION 457. Who may apply for change.

458. A survey to be recorded and notice given.

459. Road through orchards, gardens, buildings and yards.

460. Road through inclosed or improved land.

461. Applicant to give notice of route and of meeting of ex


462. Qualification of the examiners.

463. Action of the examiners.

464. Commissioners to give owner notice of their meeting. 465. Action of commissioners.

466. Ascertaining damages.

467. Roads, &c., across railways.

468. Duty of railway corporation.

469. Collection of damages and expenses.

470. Disagreement between commissioners of different towns.

471. Highway upon a town line.

472. Width of roads.

473. Discontinuing useless roads.

474. Discontinuing abandoned road.

475. Papers to be filed.

476. Appeals may be taken from the order of the commissioners. 477. Notice of appeal.

478. Appointment and qualification of referees.

479. Filling vacancies; orders of appointment.

480. Powers and compensation of referees.

481. Notice of hearing to be given to commissioners and applicants.

482. Decision of the referees.

483. Duty of the commissioners.

484. Notice to owner to remove fences.

485. Width of certain roads.

486. Reference to local provisions.

§ 457. Any person liable to be assessed in any town, either as owner or as resident therein, may make application in writing, signed by him and addressed to the commissioners, to alter or discontinue any road, or lay out any new road therein.

1 R. S., 1141, § 66; and see The People, ex rel. Wait, r. Eggleston, 13 How. Pr. R., 123.

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