THE HIGHWAY LAW.

REVISERS' NOTE.

In the Laws of 1890 are several acts relating to highways and towns, amendatory of, or additional to laws repealed by the adoption of the highway and town laws of the same session.

The following proposed amendments consist mainly in the transfer of the substantial provisions of such laws, with certain other acts referred to at the end of the sections, to their appropriate places, in harmony with kindred topics in the highway and town laws.

The right to determine certain purely local questions, not heretofore possessed without leave of the board of supervisors is herein directly conferred upon towns, such as the right to determine if their town meetings shall be held in the several election districts, under certain prescribed and uniform regulations.

1657

THE HIGHWAY LAW.

AN ACT to amend the highway law.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

The letters, figures and characters (R. S., p. 1400, post p. 917), between sections 43 and 44 and (R. S., pp. 1379, 1383; post, pp. 882-893) between sections 106 and 107 of the highway law are stricken therefrom.

The several parts and sections of the highway law corresponding to those hereinafter specified, are amended to read respectively as follows:

CHAPTER XIX OF THE GENERAL LAWS.

THE HIGHWAY LAW.

ARTICLE I. Highway officers, their general powers and duties (§§ 1–25). II. Assessment for highway labor (§§ 30-53).

III. The duties of overseers of highways and the performance of highway labor (§§ 60-73).

IV. Laying out, altering and discontinuing highways, and laying out private roads (§§ 80–125).

V. Bridges (§§ 130–145).

VI. Miscellaneous provisions (§§ 150-164).

VII. The regulation of ferries (§§ 170-174).

VIII. Repealing and other clauses (§§ 180-183).

ARTICLE I.

HIGHWAY OFFICERS, THEIR GENERAL POWERS AND DUTIES. SECTION 1. Short title.

2. Treasurer of highway commissioners.

3. Powers of one commissioner.
4. General powers of commissioners.
5. Mile-stones and guide-boards.

6. Road machines and implements.

SECTION 7. Stone-crushers and materials.

1

8. Custody of stone-crushers.

9. Additional tax.

10. Extraordinary repairs of highways or bridges.

11. Adding expense thereof.

12. Accounts, how made out.

13. Unsafe toll-bridge.

14. Water pipes in highways.

15. Actions for injuries to highways.

16. Liability of towns for defective highways.
17. Action by town against commissioners.

18. Audit of damages without action.

19. Reports of commissioners.

20. General duties of overseers.

21. Opening obstructed highways.
22. Penalties against overseers.

23. Penalties, how collected.

24. Compensation of overseers.

25. Wire fence to prevent snow blockade in highways.

§ 6. Road-machines and implements.- Commissioners 2 of highways may, upon the request of one or more 3 overseers of the highway districts of their town, and 4 with the consent of the town board, contract for and 5 purchase for such district or districts, upon credit or 6 otherwise, a good and sufficient scraper, road-machine 7 and plow, or either of them, for the use of such district 8 or districts, which shall be used, cared for and owned by 9 such district or districts jointly. Such commissioners 10 may, with the approval of the town board, purchase and 11 hold such implements for the town at large. Such 12 implements shall be paid for out of the highway tax of 13 the district or districts for which they are purchased, 14 and may be paid for in annual installments, not exceed15 ing five. If purchased for more than one district, the 16 amount paid by each, shall be in proportion to the 17 amount of its highway tax. Not more than one-half of 18 the highway tax of any district shall be applied in pay19 ment therefor in any one year. The portion of such tax 20 so applied, shall be required to be paid in money, and