TITLE 1. the inhabitants of the districts in the proportion they are respectively assessed on the assessment roll of said town; and if any one so assessed shall neglect or refuse to pay such assessment, the same may be sued for and recovered by the overseer.1 Excess of work by $ 14. [Sec. 13.] If any overseer shall be employed more days overseers. in executing the several duties enjoined on him by this chapter than he is assessed to work on the highway, he shall be paid for the excess at the rate of seventy-five cents per day, and be allowed to retain the same out of the moneys which may come into his hands for fines under this chapter; but he shall not be permitted to commute for the days he is assessed.2 Vacancy in their office. Proceed ings. Penalties on [505] To be prose cuted by commissioners. Penalty for neglect. 667. S15. [Sec. 14.] If any person chosen to the office of overseer of highways shall refuse to serve, or if his office shall become vacant, the commissioners of highways of the town shall, by warrant under their hands, appoint some other person in his stead; and the overseer so appointed shall have the same powers, be subject to the same orders and liable to the same penalties as overseers chosen in town meeting. 3 S16. [Sec. 15.] The commissioners making the appointment shall cause such warrant to be forthwith filed in the office of the town clerk, who shall give notice to the person appointed as in other cases. $ 17. [Sec. 16.] Every overseer of highways who shall refuse or neglect either, 1. To warn the people assessed to work on the highways when he shall have been required so to do by the commissioners, or either of them; 2. To collect the moneys that may arise from fines or commutations; or, 3. To perform any of the duties required by this chapter or which may be enjoined on him by the commissioners of highways of his town, and for the omission of which a penalty is not hereinafter provided; Shall, for every such refusal or neglect, forfeit the sum of ten dollars, to be sued for by the commissioners of highways of the town; and when recovered, to be applied by them in making and improving the roads and bridges therein." $18. [Sec. 17.] It shall be the duty of the commissioners of highways of each town, whenever any person resident in their town shall make complaint that any overseer of highways in such town has refused or neglected to perform any of the duties enumerated in the last preceding section, and shall give or offier to such commissioners sufficient security to indemnify them against the costs which may be incurred in prosecuting for the penalty annexed to such refusal or neglect, forthwith to prosecute such overseer for the offence complained of.1 $ 19. [Sec. 18.] If such commissioners of highways shall refuse 11 Wend., or neglect to prosecute for such penalty, they shall, in every such case, forfeit the sum of ten dollars, to be recovered by the person who shall have made such complaint and given or offered such security.* 1 2 R. L., 281, § 11. 2 R. L., p. 270, § 3. 2 R. L., p. 274, § 14.4 Laws of 1826, p. 229, § 6. sioners em sue railroad tions in cer S20. The commissioner or commissioners of highways in each ART. 2. of the towns of this state are hereby empowered to bring any action Commis against any railroad corporation that may be necessary or proper powered to to sustain the rights of the public in and to any highway in such corporatown, and to enforce the performance of any duty enjoined upon tain cases. any railroad corporation in relation to any highway in the town of which they are commissioners, and to maintain an action for damages or expenses which any town may sustain or may have sustained, or may be put to or may have been put to, in consequence of any act or omission of any such corporation in violation of any law in relation to such highway. [1855, ch. 255, § 1.] 21. Nothing in this act shall be construed as in any manner impairing the right of any person or officer to bring any action now authorized by law. [Same ch., § 2.] ARTICLE SECOND. Of the Persons liable to work on Highways, and the making of Assessments therefor. SEC. 22. Who, and what property liable to be assessed for highway labor. 23. Lands of non-residents liable. 24. Lauds occupied by a servant or agent. 25. When commissioners of highways to meet. 26. Overseers to deliver list of persons liable to work on highway to town clerk. 27. Non resident lands how to be ascertained and appraised. 28. Town clerk to deliver lists received by him to commissioners of highways. 29. Mode of proceeding to assess highway labor. 30. Corporations to be assessed. 31. Notice to be given corporations to furnish highway labor. 32. They may commute; in certain cities, &c., tax to be paid in money. 33. Penalties for default by corporations. 34 Manner of collecting penalties. 35. Omissions in assessing labor to be corrected. 38. Certain officers to perform duties as commissioners of highways. 37. Copy of each list, subscribed by commissioners, to be delivered to overseers. 38. Names of persons omitted, to be added to lists 39 Appeals by non-resident owners to county judges. 40. Proceedings of judges thereon. 41. Commissioners to credit persons working private roads with such labor. 42. When amount assessed upon land to be distinguished from tax of occupant. 43. Certain tenants when assessed entitled to a deduction from rent. 44. Inhabitants of a road district may anticipate the highway labor for one or more years and apply it to plank or gravel the road. liable to be 390. $22. [Sec. 19.] Every person owning or occupying land in the Persons town in which he or she resides, and every male inhabitant above assessed. the age of twenty-one years residing in the town, when the assess- 12 Wend. ment is made, shall be assessed to work on the public highways in such town; and the lands of non-residents, situated in such town, shall be assessed for highway labor, as herein after directed.1 dents. 23. Lands of non-residents within any town, occupied and Non-resi improved by the owner or owners, or his or their servants or agents, shall be liable to the same assessments for highways as if the owner or owners were residents. [1832, ch. 107, § 1.] occupied by a servant. *S 24. The real property of non-resident owners, improved or Land occupied by a servant or agent, shall be subject to assessment of highway labor, and at the same rate as the real property of resident owners. [1835, ch. 154, § 1.] commis $25. [Sec. 20.] The commissioners of highways of each town, Meetings of shall meet within eighteen days after they shall be chosen, at the sioners. place of town meeting, on such day as they shall agree upon, and afterwards at such other times and places as they shall think proper.1 List of TITLE 1. $ 26. [Sec. 21.] Each of the overseers of highways shall deliver [506] to the clerk of the town, within sixteen days after his election or Inhabitants. appointment, a list subscribed by such overseer, of the names of all the inhabitants in his road district, who are liable to work on the highways.1 Non-resident lands how ap praised. Lists of inhabitants. [507] Proceedings in making assessments Corpora. $27. [Sec. 22.] The commissioners of highways in each town, at their first or any subsequent meeting, shall make out a list and statement of the contents of all lots, pieces or parcels of land within such town, owned by non-residents therein; every lot so designated shall be described in the same manner as is required from assessors, and its value shall be set down opposite to such description; such value shall be the same as was affixed to such lot in the last assessment roll of the town, and if such lot was not separately valued in such roll, then in proportion to the valuation which shall have been affixed to the whole tract of which such lot shall be a part. [As amended 1835, ch. 154, § 2.] $28. [Sec. 23.] The town clerk shall deliver the lists filed by the overseers, to the commissioners of highways of the town; who shall proceed, at their next meeting, or at some subsequent meeting, to ascertain, estimate and assess the highway labor to be performed in their town the then ensuing year.1 $29. [Sec. 24.] In making such estimate and assessment the commissioners shall proceed as follows: 1. The whole number of days' work to be assessed in each year shall be ascertained, and shall be at least three times the number of taxable inhabitants in such town; 2. Every male inhabitant being above the age of twenty-one years, (excepting ministers of the gospel, and priests of every denomination, paupers and idiots and lunatics,) shall be assessed at least one day; 3. The residue of such days' work shall be apportioned upon the estate, real and personal, of every inhabitant of such town, as the same shall appear by the last assessment roll of the said town, and upon each tract or parcel of land of which the owners are nonresidents, contained in the list made as aforesaid; 4. If, after such apportionment, there shall be any deficiency in the number of days' work determined by the commissioners to be performed in their town the then ensuing year, such deficiency shall be assessed upon the estates, real and personal, of the inhabitants of the town, and upon each tract or parcel of land of which the owners are non-residents, according to the last assessment roll; 5. The commissioners shall affix to the name of each person named in the list furnished by the overseers, and also to the description of each tract or parcel of land contained in the list prepared by them of non-resident lands, the number of days which such person or tract shall be assessed for highway labor, as herein directed, and the commissioners shall subscribe such lists and file them with the town clerk. [As amended 1835, ch. 154, § 3.] * 30. In making the estimate and assessment of the residue of 1 See note on preceding page. sessed. the highway labor to be performed in their town, after assessing at ART. 2 least one day's work upon each of the male inhabitants therein, tious asabove the age of twenty-one years, as provided in the sixteenth chapter of the first part of the Revised Statutes, entitled "Of highways and bridges," the commissioners of highways shall include among the inhabitants of such town among whom such residue is to be apportioned, all moneyed or stock corporations, which shall appear on the last assessment roll of their town to have been assessed therein. [1837, ch. 431, § 1.] given to cor S31. Such corporations shall be notified to furnish the amount Notice to be of highway labor assessed to them in the same manner as indi- porations. viduals residing in such town, by giving oral or written notice to the president, cashier, agents, treasurer, or secretary of such corporation, or any clerk or other officer thereof, at the principal office or place of transacting the business or concerns of the said company which labor shall be performed in such district or districts as the commissioners of highways of the town shall direct; and any number of days' work, not exceeding fifty, may be required to be performed, by any such corporation, in any one day. [Same ch., § 2.] tions may 32. Every such corporation may commute for the highway Copora labor assessed upon it, in the same manner and at the same rate commute. as is allowed by law to individuals, or by paying such commutation to a commissioner of highways of the town: and the commutation money so paid may be expended by the commissioners of highways upon any district or districts in the town; and for that purpose the said commissioners shall be entitled to demand and receive from the overseers, to whom any such commutation may have been paid, the whole or any portion thereof; but in every case where any such corporation shall be located in any city, village or town, where by law the road tax is now payable in money, the road tax imposed on any such corporation shall be paid in money, according to the provisions of the several laws affecting said city, village or town. [Same ch., § 3.] S33. Such corporations shall be liable to the same penalties Penalties. for every day's work required, and for every default of any substitute sent by them, as is provided by law in the case of individuals required to work on highways, which shall be collected in the same manner, and paid over to the commissioners of highways of the town, by the constable collecting the same, and may be expended by them in the same manner as herein provided for the commutation money received from any such corporation. The summons issued by any justice according to this act may be for any number of penalties incurred by any such corporation previous thereto, and may be served in the manner provided by law for the service of writs or summons issuing out of courts of record against corporations. [Same ch., § 4.] collected. 34. In case any such penalty cannot be collected as herein How to be provided, the commissioners of highways of the town may file a bill in the court of chancery against any such delinquent corporation for the discovery and sequestration of its property; where TITLE 1. Omissions how to be rectified. Powers of commis highways. upon the same proceedings shall be had as are provided by law for the collection of county taxes assessed against incorporated companies; and the chancellor shall possess the like powers in respect to the same; and the said commissioners may also recover such penalties, or any number of them that may have been incurred, with costs, from such delinquent company in any court of record in this state. [1837, ch. 431, § 5.] *S 35. Whenever the assessors of any town shall have omitted to assess any inhabitant or property in such town, the commissioners of highways shall assess the persons and property so omitted, and shall apportion highway labor upon such persons or property in the same manner as if they had been duly assessed upon the last assessment roll. [Same ch., § 6.] *S 36. When by law the powers and duties of commissioners of sioners of highways are conferred and imposed upon other officers, they shall possess all the powers and perform all the duties in this act conferred or enjoined upon such commissioners, and the assessments under it for the present year shall be made before the first day of July next, by the commissioners of highways. [Same ch., § 7.] Copies of lists. Names omitted, &C. Appeals by non-residents. Proceedings. S37. [Sec. 25.] The commissioners shall direct the clerk of the town to make a copy of each list, and shall subscribe such copies; after which they shall cause the several copies to be delivered to the respective overseers of highways of the several districts in which the highway labor is assessed.2 $38. [Sec. 26.] The names of persons left out of any such list, and of new inhabitants, shall from time to time be added to the several lists, and they shall be rated by the overseers, in proportion to their real and personal estate, to work on the highways, as others rated by the commissioners on such lists, subject to an appeal to the commissioners.2. $39. [Sec. 27.] Whenever any non-resident owner shall conceive himself aggrieved by the assessments of any commissioners of highways, in carrying into effect the provisions of this article, it shall be lawful for such owner, or his agent, within thirty days after such assessment, to appeal to the county judges of the county in which such land is situated. $40. [Sec. 28.] It shall be the duty of such judge within twenty days thereafter, to decide on such appeal, the said owner or agent giving notice to the commissioners of the time of the meeting of the judges; and his decision shall be final and conclusive in the premises. Each judge shall be entitled to receive for his services on such appeal, two dollars for each day he may be employed thereon, to be paid by the party appealing, if the proceedings of the commissioners and overseers shall be affirmed; but if reversed or modified favorable to the party appealing, to be levied and paid as part of the contingent expenses of such town. [As modified by ch. 280, of 1847, § 29.4] 1 The abolition of the court of chancery, and the Code of Procedure have abrogated the provisions of this section so far as they relate to proceedings in that court. 22 R. L., 271, § 4; Laws of 1826; F. 228, § 1. 3 "County judge" substituted for any three judges of the court of common pleas." See chapter 280, of 1847, § 29, and Code, § 30, sub., 11. 4 By chapter 564 of the Laws of 1857, county judges are no longer allowed to receive fees, except for services which may be performed by justices of the peace and commissioners of deeds. |