Width of roads. Discontinu. ing useless road. Discontinuing abandoned road. Papers to be filed. Appeals may be taken from the order of the commissioners. § 472. All highways hereafter laid out shall be not less than three rods wide. 1 R. S., 1047, § 99. § 473. Upon application for the discontinuance of an old highway as useless, the commissioners shall summon twelve disinterested residents of the town to meet on a day certain and consider the application. When met, they shall be sworn well and truly to examine and certify as to the propri ety of the discontinuance. They shall then proceed to view the road, and if of opinion that it is useless, shall make a certificate to that effect and deliver it to the commissioners, who shall thereupon proceed to decide upon the application. Ib., §§ 100, 101. § 474. Whenever a highway, or any part thereof, is abandoned by the public, the commissioners shall file in the town clerk's office of the town a description in writing, signed by them, of the highway so abandoned, and the same shall thereupon be discontinued. Laws of 1853, ch. 174, p. 310, § 15. § 475. It is the duty of the commissioners to file in the town clerk's office all papers relating to any proceeding for laying out, altering or discontinuing a highway, as soon as they have decided thereon. 1 R. S., 1047, § 102. § 476. Any person deeming himself aggrieved by the commissioners' decision upon any application under this article, may, within sixty days after the filing of their order, as herein before prescribed, appeal therefrom to the county court of the county in which the highway or proposed route lies. An appeal by one person does not preclude an appeal by any other; but to the end that the decision may embrace the whole subject, the court to which the first appeal is taken has exclusive jurisdiction of all appeals from the same order, and shall take no proceedings upon any appeal till the time to appeal has expired. 1 R. S., 1047, § 103, first clause; 1 R. S., 1st ed., 518, 84, last clause, and 85. By the Long Island act the town clerk is required to post notice of the commissioners' determination on the town-house door, and the time of appeal is to be computed from the time the notice was so posted. § 45. appeal. § 477. The notice of appeal must be in writing, Notice of addressed to the court and signed by the appellant, and must state the ground of the appeal, and whether it is brought to reverse the whole order or some specified part thereof. 1 R. S., 1047, § 104. ment and qualifica referees. § 478. The county judge, or (if he is a resident Appoint in the town, or is interested, or of kin to any person ton of interested, in any lands to be taken, or is under disability for any cause) the special county judge, if there be one, or in case of any like disqualification on his part, then one of the justices of the Filling vacancies; orders of appoint. ment. Powers and compensation of the referees. sessions, shall, after the time to appeal has expired, appoint in writing three disinterested residents of the county, but not of the town, and not named by any of the parties interested in the appeals, as referees to hear and determine all the appeals, and shall give them notice thereof, and deliver to them all papers pertaining to the matter, and thereupon the referees shall be sworn, before any officer authorized to take affidavits, faithfully to hear and determine the matters referred. 1 R. S., 1047, § 103, except first clause. By the Long Island act the appeal is heard by the county judge without appointment of referees. The legislature may think it advisable to adopt that course for the state. § 479. If any referee fails to serve, the court or officer who appointed him has power to appoint another to fill his place. All orders for appointment of such referees shall be filed in the clerk's office of the town where the highway or proposed route lies. 1 R. S., 1044, §§ 84, 85. § 480. The referees have the powers conferred by law upon referees in civil actions. Their fees are two dollars each for every day employed, to be paid by the appellant if the commissioners' order is confirmed; if reversed, to be a county charge; if modified, to be paid by either, as directed by the court. From 1 R. S., 1048, § 107, and first clause of § 108. § 481. The referees shall give at least eight days' notice in writing of the time and place of the hearing, to be served, in all cases, on the commissioners, and, in case of an appeal from an order in favor of an application, to be served on the applicant. Such notice is to be served personally, or, in case of the absence of the person to be served, by leaving it at his residence. 1 R. S., 1048, §§ 105, 106. Notice of hearing to be given to commis sioners and applicant. the referees. § 482. If the referees reverse an order of the Decision of commissioners refusing an application to lay out or alter a highway, they must proceed and lay out the new road or the alteration as they deem the commissioners should have done.' In all cases they must file their decision, in writing, signed by them, with the town clerk, who shall record the same; and it shall remain unaltered four years from the time of filing,' and shall not be the subject of appeal. The People v. Cherry Valley, 4 Seld., 476. 21 R. S., 1048, § 107. By the Long Island act it cannot be modified so long as the same judge holds office, except on application to him with the approval of the commissioners, and before granting the application he must view the premises. § 483. It is the duty of the commissioners to Duty of the carry into effect any decision in favor of an appli commissioners. Notice to remove Width of certain roads. Reference to local cation in the same manner as if it had been their 1 R. S., 1048, § 109. § 484. After the time to appeal has expired, or the decision upon the appeal has been filed, the commissioners, before opening a road through inclosed land, must give to the owner sixty days' notice in writing to remove his fences. The notice must be served on him personally, or by leaving it at his residence in case of his absence, or, if he has none in the town, by leaving it with his agent in the town. If the commissioners cannot ascertain that he has such, the notice must be affixed upon the outer door of the town-house. If the fences are not removed at the expiration of that time, the court may cause them to be removed and the road opened. Ib., § 110; 1049, § 111. § 485. It is the duty of the commissioners to § 486. The width of highways in Stockport in provisions. the county of Columbia,' and in New Hartford in the county of Oneida,' is the subject of special statutes. Laws of 1853, ch. 106. "Laws of 1851, ch. 109. N |