of highways and other local officers, is transferred to the which in this respect before belonged to the commissioners plank road corporation. Walker v. Caywood, 31 N. Y. 51.

The rights and duties of the company towards the public during the construction of the plank road on the site of the highway, are similar to those of Commissioners or Overseers, when repairing highways, and it is liable for injuries occasioned by its carelessness. Ireland v. Oswego Hannibal Plank Road Co., 13 N. Y., 526. The above acts held to be constitutional. Goit, 3 Barb. 459.

Benedict v.

A turnpike company taking a deed from the Commissioners of Highways, acquires only an easement in the highway. Northern Turnpike Road Co. v. Smith, 15 Barb. 355.

If a plank road or turnpike company take possession of a highway before making compensation therefor, the Commissioners of highways have no action for damages. They should proceed by indictment for a nuisance or order of removal, or by action for the treble damages given by 1 R. S. [526,] § 130. Cornell v. Butternuts Turnpike Co., 25 Wend. 365.

Form of agreement to use highway for plank road.

This agreement made this second day of July, 1888, by and between Frank S. Whaley, Supervisor of the Town of Aurora, in the County of Erie, State of New York, and A. B. and C. D., Commissioners of Highways of said town of the first part, and the Elma and Aurora Plank Road Company, of the second part, witnesseth that the said party of the first part, having first become satisfied that at least two-thirds of all the owners of land along the highway (describe it) and who actually reside thereon, have consented in writing to the construction of a plank road by said party of the second part in such highway, do, for and in consideration of one hundred dollars for compensation and damages to us paid by said party of the second part, hereby grant and convey to the said party of the second part the right to use and occupy

the public highway above described, for the purpose of a plank road, so long as the same shall be needed by said second party, upon the condition that said second party, during the time it shall use and occupy said highway for its said purpose, it will keep the same in good state of repair.

In witness whereof we have hereunto set our hands and seals this second day of July, A. D. 1888.

FRANK S. WHALEY, [L. S.].

[L. S.] ELMA AND AURORA PLANK ROAD CO. By H. J. HURD, President. Add acknowledgment and file and record same in Town Clerk's office.

TO PROVIDE FOR, CARE, AND PRESERVATION OF STATE BOUNDARY MONUMENTS. SEE ANTE, CHAPTER VI., § 125.

§ 201. Duties under general drainage act.

The Supervisor and Commissioners of Highways of the several towns, and the President of any incorporated village, as to lands in such village, shall be Water Commissioners of their respective towns, and, in addition to the powers now conferred by law upon them, they shall have the general charge and supervision of all drains, ditches and channels made, completed or constructed in said towns under this act.

Whenever it shall be necessary to open, deepen, repair, change, or do any work to maintain and keep in repair any such dams, ditches, drains or channels, and disputes shall arise between the owners of the lands on which such dams, drains, ditches or channels are situate, regarding the same, the said Water Commissioners, or a majority of them, shall take proceedings similar to those authorized hereby to be taken and had for the construction of such works; and the said Water Commissioners are hereby vested for such purpose, with the powers conferred upon original Commissioners by this act, and where improve

ments of a nature and character similar to those hereby authorized shall have been made under the provisions of any special act, it shall be lawful for the county court of the county to cause the same to be hereafter kept in repair and improved by said Water Commissioners of the town or towns under the provisions of this act; and the said Water Commissioner shall have like power and authority in all cases of subsoil or tile draining, when such subsoil or tile draining shall be, in their judgment, absolutely necessary for public or sanitary purposes, and the owner or occupant of any lands which such owner or occupant shall be desirous of so draining for such purposes, shall have to cross the lands of another in order to get an outlet, and the owner of such lands shall not be able to agree in regard thereto; and the said Water Commissioners shall have power and authority to make all such needful rules and orders in regard to subsoil or tile draining, as shall be necessary to promote and secure the proper drainage of all farming lands by the owners thereof who shall desire to drain the same for public or sanitary purposes, without doing unnecessary injury to others or to the public highways in in which such drainage may be discharged: and provided that in all cases where an easement for such drains shall be procured upon the lands of another, the said drains shall be neatly, safely and expeditiously put down and covered and the surface restored as nearly as may be to its original appearance, and no drains, ditches or other channels for free passage of water authorized by this act, shall be across any door-yard, inclosed garden, orchard or vineyard, nor shall any tree in such door yard, inclosed garden, orchard or vineyard or building be removed without the owner's consent. 3 R. S. (8th ed.) 2721, § 16, as amended by Laws 1871, chap. 303.

As to the duties of the Commissioners, which are by this section devolved upon the Supervisor and Commissioners of Highways, it is necessary to consult the statute from which the above section is quoted.

CHAPTER IX.

SUPERVISOR'S DUTIES IN RELATION TO ELECTIONS.

§ 202. Division of towns into election districts.

§ 203. Order dividing town into election districts.

§ 204. Alteration of districts.

§ 205. Order altering districts.

§ 206. Division of new towns into districts.

$207. To give notice of elections.

§ 208. Notice of election.

§ 209. Opening and closing of polls.

§ 210. Opening and closing of polls in Queen's Co. and town of Huntington in Suffolk Co.

§ 211. Inspectors of Election to be elected annually.

$212. Appointment of third Inspector.

§ 213. Vacancies in office of Inspector, how filled.

§ 214. Order filling vacancy.

§ 215. Inspectors of Election-who eligible.

§ 216. When towns or wards a single district.

§ 217. Registration of electors in counties having over 300,000 population.

$218. Ballots for use at elections-style and character of.

CANVASS AND ESTIMATE OF VOTES BY THE BOARD OF INSPECTORS.

§ 219. Canvass, when and how made.

$220. Comparison of poll lists.

$221. Order of canvassing, except in New York.

$222. School Commissioner.

$223. Order of canvass.

§224. Inconsistent acts repealed.

$225. Proclamation of result of canvass.

§ 226. Violations of preceding section punished.

$227. Repeal of inconsistent laws.

$228. Ballots to be counted.

$229. Ballots found in wrong box.

230. Excess of ballots to be destroyed.

$231. Estimate and canvass of votes.

$232. When two names appear for same office. 233. When there are too many names.

$234. Defects that are not material.

§ 235. Abbreviations of christian names.
$236. Defective ballots, what to be done with them.
$237. Inspectors are ministerial officers.

$239. Excess of ballots to be drawn and destroyed. $240. Statement of result of canvass to be made.

§ 241. Canvass, etc., of presidential electors.

$242. Form of such statement.

§ 243. Statements only prima facie evidence. $244. How returns shall be made.

$245. Copy to be filed.

§ 246. Poll lists to be filed.

§ 247. Ballots to be destroyed after canvass.

§ 248. Original statement delivered to Supervisor.
$249. Duplicate to be filed with County Clerk.
$250. When to be canvassed.

§ 251. Returns open to the inspection of all.

§ 252. Penalty for false returns.

§ 253. Bribery of Inspectors.

§ 254. Forms of election returns. State officers.

§ 258. Who compose the Board.

§ 259. Character in which they act.

$260. Where and when to meet.

§ 261. Duty of Canvassers in Hamilton County.

§ 262. Duty of Clerk and Canvassers of Fulton County.

§ 263. Secretary of Board of Canvassers.

§ 264. Oath of office of Canvassers.

$265. Quorum.

§ 266. Estimate of votes to be made by the Board.

$267. Which is the original return.

§ 268. Canvassers act ministerially.

§ 269. Powers of the Board.

$270. Powers of the Board in relation to "pasters."

§ 271. When duties of the Board cease.

§ 272. Separate statements to be made.

§ 273. School Commissioners.

§ 274. Number of votes and names written at length.

§ 275. Statements to be certified and copy delivered to County Clerk.

§ 276. Board to determine who was elected.

§ 277. Such determinations to be published.

§ 278. When Supervisor or Assessor unable to attend proceedings. § 279. Duty of those who do attend.

§ 280. Duty at adjourned meeting.