George Crane Morehouse.

The supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe online

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Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 77 of 96)
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road district ; and to provide for the election or appointment of over-
seers of highways in such districts ; and prescribe the manner in
which the highway labor assessed and highway taxes collected in
such consolidated or separate districts, shall be expended and ac-
counted for, except that whenever an incorporated village shall con-
stitute a separate and independent road district, the commissioners
or superintendents of streets, or ofiBcers of said village, by whatso-
ever title or name called, whose duty it shall be to control, superin-
tend and repair the streets therein, shall be the overseers of high-
ways in said district.

Id., subd. 8, as amended by Laws of 18T6, chap. 268.

Grade of Streets, £tc. — To authorize in any county
containing an incorporated city of 100,000 inhabitants or upward,
when any territory within such county and beyond the limits of
such city has been mapped out into streets and avenues in pursu-
ance of law, the establishment of a plan for the grades of such
streets and avenues, the laying out, opening, grading, construction,
closing and change of line of any one or more of them, to provide
for the estimation and award of the damages to be sustained, and
for the assessment on property intended to be benefited thereby,



EoADS AND Bkidges. 697

and fixing assessment district therefor, the levying, collection and
payment of the amount of such damages, and of all other charges
and expenses to be incurred, or which may be necessary in carrying
out the provisions of this subdivision ; but such last-named powers
in regard to laying out, opening, grading, construction and change
of line of such streets or avenues, or such provisions for defrayitig
the expense thereof shall only be exercised on the petition of the
property-owners who own more than one-haK of the frontage on
any such street or avenue, or on the certiticate of the supervisor,
justices of the peace and commissioners of highways of the town,
or two-thirds of such officers, that the same is, in their judgment,
proper and necessary for the public interest, or in case the said streets or
avenues, in respect to which such action is proposed to be taken, shall
lie in two or more towns, on a like certificate of such town officers
of each of said towns, or of two-thirds of all of them; provided,
however, that before proceeding to make any such certificate the said
officers, or such number of them as aforesaid, shall give ten days'
notice, by publication in one of the daily papers of said county and
by posting in six public places in such town, or in each of such
towns, of the time and place at which they will meet for the pur-
pose of considering the same, at which meeting the public and all
persons interested may appear and be heard in relation thereto ; and
provided that no such street or avenue shall be laid out, opened or
constructed upon or across any lands heretofore acquired by the
right of eminent domain, and held in fee for depot purposes by any
railroad corporation, or upon or across any lands now held by any
existing corporation formed for the purpose of improving the breed
of horses, without the consent of such corporation ; and provided
further that none of said town officers shall be entitled to charge any
compensation for their services under this act, and no charge shall
be made against the town or any of the property therein for the
expense of the publication of the notice herein required. The pro-
visions of this section shall not apply to the towns of Flatbush and
New Lots, in the county of Kings.

Id., subd. 9, as amended by cbap. 554, Laws of 1881.

Widtb, of Higll'Way S. — To authorize the laying of high-
ways of a greater or less width than is now required by law, and to
alter by increasing or diminishing the width of highways now in ex-
istence.

Id., subd. 10, as amended by Laws of 1876, chap. 257.
88



698 SuPBKVisoss' Manual.

Surveys and Records of Highways.— To au-
thorize and direct the highway commissioner or commissioners of
any town to cause survey to be made at the cost of the town of any
or all highways in such town, and to make a complete and systematic
record thereof, or to revise, collate and re-arrange existing records of
highways and to correct and verify the same by new surveys, and to
establish the location of highways by suitable monuments whenever
such commissioner or commissioners may deem expedient. Such
records so made or revised, corrected and verified, shall be deposited
with the town clerk of such town and shall thereafter be the lawful
records of the highways which they describe, but shall not affect
rights pending in any judicial proceedings commenced prior to the
deposit with the town clerk of such new or revised records.

Id., subd. 11.

Non-resident Higbfway Tax. — Upon the applica-
tion of the owners representing a majority in value (as shall be ascer-
tained from the last annual town assessment-rolls) of the real estate
lying along the line of any highway laid out through unimproved
lands, to appropriate the non-resident highway tax on the lands ly-
ing along said line, for the improvement of such highway under the
direction of a commissioner or commissioners to be appointed by
the board of supervisors. But this provision shall not apply nor in-
terfere in any case where the same object is provided for by any
special law passed prior to the first day of January, 1875.

Id., subd. 12.

In Queens county a special subdivision exists.

See cbap. 855, Laws of 1869, § 9.

§ 870. Under Chapter 175, Laws of 1880.—
Highways Through Unimproved Lands.— The
board of supervisors of any county in this State containing more
than 300,000 acres of unoccupied and unimproved forest lands, in
addition to the powers now possessed by said board, is hereby au-
thorized to establish separate highway districts in such county, for
the purpose of laying out and constructing highways through such
unimproved and unoccupied tracts of land in such county; such
highway district to be established only upon the application of the
owners of more than one-haK of the non-resident lands to be in-
cluded therein.

Any highway district established under the provisions of this act



Roads and Bridges. 699-

shall consist of contiguous tracts or parcels of land, and may include
within its limits parts of one or more towns, and the same may be
changed, altered or abolished at any time by said board of supervis-
ors. The said board of supervisors, shall have power to appoint a
commissioner or commissioners to lay out and construct highways in
any such district, and to prescribe their powers and duties, and may
also direct the manner in which highway taxes shall be assessed,
levied and collected upon the lands embraced in any such district,
and likewise the manner of expenditure thereof. The said board
of supervisors may also authorize commissioners appointed tinder
this act to borrow money on such terms as said board shall direct,
but not exceeding the estimated amount of ten years' highway taxes
upon the lands embraced within the district in which such loan is
authorized, and may, for the purpose of repaying any such loan set
apart and appropriate the highway taxes upon lands in any such dis-
trict for a period not exceeding ten years from the time of making
such loan.

Laws of 1880, chap. 175.

BKIDGE COMPANIES.

§ 871. Application to Supervisors for Leave

to Erect Bridg^e. — By section 6 of chapter 259 of the act

of 184:8, providing for the incorporation of bridge companies, it is
provided that when any bridge corporation shall be desirous of con-
structing a bridge or any part thereof, in any county, it shall apply
to the board of supervisors of such county at the annual or any
special meeting thereof, for authority to construct such bridge ; of
which application, such corporation shall give notice, by publishing;
the same in at least one public newspaper in such county, or if no
newspaper is published therein, then in an adjoining county, once in
each week for six weeks successively, previous to the time of pre-
senting such application to such board, specifying such time and the
location of such proposed bridge. If the place of the location of
such bridge shall be situated in more than one county, such appli-
cation shall be made to the board of supervisors of every such
county. Such application shall also specify the length and breadth
of such bridge ; and the notice of such application shall set forth all
the particulars required to be specified in such application. Upon
the hearing of the said application, all persons residing in such
county or interested in such application may appear and be heard in



700 SuPBEVisoKS* Makual.

respect thereto. Such board may take testimony in respect to such
application, or may authorize it to be taken by a county judge or
justice of the peace of such county ; and it may adjourn the hear-
ing from time to time. A copy of the articles of association of such
corporation, certified by the State engineer and surveyor, or by the
clerk where such articles are filed, shall be attached to and filed with
such application. No such corporation shall be authorized to bridge
any stream, in anj"^ manner that will prevent or endanger the passage
of any raft of forty-five feet in width, or any ark where the same is
navigated by rafts or arks.

Chap. 259, Laws of 1859, § 6.

If after hearing such application siich board shall be of opinion
that the public interests will be promoted by the construction of
such bridge on' the proposed site, it may, if a majority of all the
members elected to such board shall assent thereto, by an order to be
entered in its minutes, authorize such company to construct such
bridge as shall have been specified in the application, which shall be
particularly described in such order. Such corporation shall cause a
copy of such order certified by the clerk of such board, with a copy
of such application, to be recorded in the clerk's office of such
county, before it shall proceed to do any act by virtue thereof ; and
such board shall cause such application when it shall have finally
acted on the same, to be filed at the expense of the corporation, with
all the other papers relating thereto, or to the proceedings of said
board thereon, in the office of the clerk of the county in which it
shall have been made. Any corporation formed under this act may
use, in such manner as such board shall prescribe, so much of any
public highway, on either side of any stream, as may be necessary
for the construction and maintenance of such bridge and toll-houses.
Id., § 7.

PLANK-ROADS AND TUENPIKES.

§ 872. Company to Make Application to
Supervisors.— Planli: Roads and Turnpikes.—

Whenever any plank road or turnpike company shall be desirous to
construct a plank road or turnpike road through any part of any
county, it shall make application to the board of supervisors of such
county, at any meeting thereof legally held, for authority to lay out
and construct such road, and to take the real estate necessary for
such purpose ; and the application shall set forth the route and
character of the proposed road as the same shall have been described



KoADS AND Bridges. 701

in the articles of association filed as aforesaid. Public notice of the
application shall be given by the company previous to presenting the
same to such board by publishing such notice once in each week for
six successive weeks in all the public newspapers printed in such
county, or in three of such newspapers, if more than three are pub-
lished in such county, which notice shall specify the time when such,
application will be presented to such board, the character of the pro-
posed road, and each town, city and village in or through which it
is proposed to construct the same.

Laws of 1847, chap. 210, § 4; 2 R. S. 132T.

Special Meeting* of Supervisors.— If such company
shall desire a special meeting of the board of supervisors for hearing
the same, any three members of such board may fix the time of such
meeting, and a notice thereof shall be served on each of the other
supervisors of the county, by delivering the same to him personally
or by leaving it at his place of residence at least twenty days before
the day appointed for such meeting. The expenses of such special
meeting, and of notifying the members of such board thereof, shall,
be paid by such company.
Id., § 5.

O-wner of Land may be Heard.— Upon the hearing

of the said application, all persons residing in such county, or own-
ing real estate in any of the towns through which it is proposed to
construct such road, may appear and be heard in respect thereto.
Such board may take testimony in respect to such application, or
may authorize it to be taken by any judicial officer of such county,.
and it may adjourn the hearing from time to time.
Id., § 6. ,

Application. When to be Assented to.— If,^
after hearing such application, such board shall be of the opinion
that the public interests will be promoted by the construction
of such road on the proposed route as shall be described in the
application, it may if a majority of all the members elected to such
board shall assent thereto, by an order to be entered in its minutes,
authorize such company to construct such a road upon the route
specified in the application, and to take the real estate necessary to
be used for that purpose, a copy of which order, certified by the clerk
of such board, the said company shall cause to be recorded in the
clerk's office of such county before it shall proceed to do any act by
virtue thereof.
Id., § 1.



703 SupBRVisoEs' Manual.

Gommissioners to be Appointed.— Whenever

any such board shall grant snch an application, it shall appoint
three disinterested persons who are not the owners of real estate
in any town through which such road shall be proposed to be
constructed, or in any town adjoining such town, commissioners to
lay out such road ; the said commissioners, after taking the oath pre-
scribed by the Constitution shall proceed without unnecessary delay
to lay out the route of such road in such manner as in their opinion
will best promote the public interest ; they shall hear all persons
interested who shall apply to them to be heard, they may take testi-
mony in relation thereto, they shall cause an accurate survey and
description to be made of such route and of the land necessary to he
taken by such company for the construction of such road, and the
necessary buildings and gates ; they shall subscribe such survey and
acknowledge its execution, as the execution of deeds is required to
be acknowledged in order that tliey may be recorded, and they shall
cause such survey to be recorded in the clerk's office of such county.
If such company shall intend to construct its road continuously in or
through more than one county, such application shall specify the
number of commissioners which the company desire to have
appointed to lay out such road, wliich shall not exceed three for each
county, and an equal number of such commissioners shall be
appointed by the board of supervisors of each county in or through
which it shall be proposed to construct such road ; but the whole
number of such commissioners shall not be less than three, nor with-
out the consent of such company, shall it exceed six, unless the num-
ber of counties in or through which it is proposed to construct such
road shall exceed that number. And the commissioners so appointed
shall lay out the whole of such road, and shall make out a separate
survey of so much thereof as hes in each county, which shall be sub-
scribed and acknowledged as aforesaid, and recorded in the county
clerk's office of such county. Such company shall pay each of the
said commissioners $2 for every day spent by him in the perform-
ance of his duties as such commissioner, and his necessary expenses.

Id., § 8.

Any company formed under the provisions of chapter 210 of the
Laws of 184:7, entitled "An act to provide for the incorporation of
companies to construct plank roads, and of companies to construct
turnpike roads," may procure, by purchase or gift from the owners
thereof, any lands necessary for the construction of so much of its
contemplated road as shall be intended to be constructed in any



EoADs AND Bridges. 703

county, and may also procure, by agreement from the officers named
in the twenty-sixth section of the said chapter, the right to take and
use any part of any public highway necessary for the construction of
so much of such road as shall be intended to be constructed in such
county, and when any such company shall have so procured all the
lands necessary to be used for the construction of its road in such
county, and the right to take and use such parts of the public high-
ways in such county as shall be necessary for that purpose, such com-
pany may construct so much of its road as shall be intended to be
constructed in such county, without making the application men-
tioned in the fourth section of the said chapter.

Laws of 1847, chap. 398, § 1 ; 2 R. S. 1338.

But if any portion thereof is located in another county the consent of the boaid
of supervisors of that county is necessary.

Inspectors to be Appointed.— In each county

of this State, in which there shall be any plank road, or turnpike
road, constructed by virtue of this act, there shall be three inspectors
of such roads who shall not be interested in any plank or turnpike
road in such county. They shall be appointed by the board of su-
pervisors of the county, and shall hold their offices during the pleas-
ure of such board. Before entering on their duties such inspectors
shall take and subscribe the constitutional oath of office, and file the
same in the office of the clerk of the county.

Laws of 1847, chap. 210, 8 33; 2 R. S. 1333.

These inspectors are confined to a preliminary inspection of toll roads before
the companies are allowed to exact toll thereon. They have no power to act upon
complaints for want of repair.

Suydamv. Smith, 52 N. T. 383

Commissioners of Higll"WayS.— Commissioners of
highways seem to be the inspectors of plankroads and turnpikes in
their respective towns.

Laws of 1873, chap. 440. But see Laws of 1848, chap. 45.
There are many local acts on this subject.

Charter, how Extended.— By Laws of 1876, chap-
ter 135, it is provided that any plankroad company or 'turnpike
company, formed under the act of 1847, and which shall have man-
aged and carried on any plankroad or turnpike road for twenty years
last past, upon three miles in length thereof, or not less than one-
third of the route named in their original articles of association, may,
at any time within five years before the termination of its corporate



704 StTPEEVISOES' MaKUAL.

existence, or of the time specified for its duration in its articles of
association, continue its corporate existence for a period not exceed-
ing thirty years, by first obtaining the consent, by resolution, of a
majority of all the members of the board of supervisors of the county
or counties in which such road is located, adopted at any regular or
special meeting, etc. The provisions of this act do not apply to the
counties of Kings, Yates, Queens, Seneca or St. Lawrence.

A3 amended by Laws of 1879, chap. 253; 2 R. S. 1353.

Laws of 1879, chapter 441, provide that in any proceedings heretofore taken
under the existing provisions of law, or which shall be hereafter so talcen, to ex-
tend the charter or corporate existence of any plankroad or turnpike company, the
filing and recording of a copy of the resolution by which the required consent of
a majority of the supervisors of any county shall be given, verified either by the
certificate of the clerk of the board of supervisors or an affidavit of some members
of the board of supervisors, shall be and be deemed a full compliance with the
requisitions of law as to filing and recording such consent.

2 R. S. 1357.

By Laws of 1880, chapter 484, it is provided that whenever, by oversight or
mistake, the officers of any planlcroad company or turnpike company have neg-
lected to make, file and record in the office of the clerk of the county or counties
in which such plankroad or turnpike road is located, within one year before the
expiration of the term of the corporate existence of such company, and in the
office of the secretary of State, the consent provided for in section 1 of chapter
135 of the Laws of 1876, and a statement showing the actual capital expended in
the construction of any such plankroad or turnpike road exclusive of repairs, to-
gether with the consent in writing from the persons owning two-thirds of the
capital stock of such company, and a statement of the number of years which
they shall desire such corporate existence extended, and the name of each town
or ward through or into which such road passes, it shall be lawful for such com-
panies to make and file in the oflice of the secretary of State and in the office of
the clerk of the county in which such companies may be situate, a statement
showing the actual capital expended in the construction of any such plankroad
or turnpike road, exclusive of repairs, together with the written consent of a ma-
jority of the supervisors of the county or counties in which said companies are
located, and the consent, in writing, of the persons owning two-thirds of the
capital stock of such companies, respectively, consenting to their or its corporate
existence; then, in such case, the corporate existence of such company or compa-
nies is hereby renewed, revived and extended for not more than thirty years, or
for less time, as may be specified and stated in such statements and consents, etc.
Public notice must be first given by the president or secretary of such company for
four weeks by advertisement in the State paper, and in not less than two news-
papers published in the county in which such roads are located, of the intention
to extend the corporate existence of said plankroad or ' turnpike company. The
provisions of this act do not apply to the counties of Ulster, Herkimer or Otsego.

As amended by Laws of 1881, chap. 117.

Abandonment of Road.— In case any part of any
plankroad, or turnpike road has been abandoned according to
law, any further abandonment of any part of such road shall only be
made by and with the consent of a majority of all the members of
the board of supervisors of the county in which any such road or
any part thereof is located, which consent shall be filed with the clerk
of said county or counties.

Laws of 1876, chap. 185, § 2.



EoADS AKD Bridges.



705



The board have power to provide for the use of abandoned turn-
pike, plank or macadamized roads within any town as public high-
ways.

Laws of 1869, chap. 869, S 2.

For Powers of Supervisors as to Toll.—

See chap. 855, Laws of 1869, § 3, ante, § 868.

No more toll shall be taken under the act of 1847, chapter 210,
than for the number of miles which shall be traveled by the person
or persons using such roads, to the end that where diverging roads
Strike any plankroad or turnpike road, at or near any toll-gate, the
toll charged for using said plank or turnpike road shall commence
from the point of such divergence, and the toll charged shall be only
for the distance traveled on such road; provided, however, that
fractions of cents may be made units of cents in favor of said road ;
provided that the board of supervisors of any county, in which such
plankroad or turnpike may be situate, and for so much thereof as
shall lie within said county, shall, by a majority vote, pass a resolu-
tion declarmg it to be proper that such discrimination shall be made.

Laws of 1876, chap. 435; 2 E. S. 1356.

COUNTY EAILEOADS.

§ 873. County Railroads, Etc.— Appointment
of Railroad Commissioners.— Laws of 1875, chapter
606, section 1, provides as follows:

" Whenever it shall appear, by the application of fifty reputable
householders and tax payers of any county in this State, verified
upon oath before a justice of the supreme court, that there is need
in such county of a steam railway or railways for the transportation
of passengers, mails or freight, the board of supervisors of said county
may, within thirty days after presentation to them of such applica-
tion, duly verified as aforesaid, appoint five commissioners who shall
be residents of the said county, and who sliall have full power and
authority to do and provide all that they are hereafter directed to do
and provide, and a certificate of whose appointment, signed by the



Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 77 of 96)