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iftefc&w'ww. 3%©. gpect to Bed by them. 7. Whenever county or by the commission such niattera as may be ..si>eei- 5.*isi- a public meeting fQr' a district shaU have-been called oy uro vuiumission he shall cause due notice to be malted to ea«ii \town: juper- ttttendent and supejrvlsor of the 'towtj*- tinder his jurisdletiou and, give such no- tice by advertisement as shall Be directed by the commission. .... 8; Inspect or causa to be inspected^ if so. directed by the board of supervisors; each county highway during its construction: .or improvement, and certify to the board •f supervisors the progress of the work, and report to, the commission any Irreg- ularities of the contractor or any failure •n his part to comply with the terms of the contract 9. Perform ouch other duties as may be prescribed by law. or the rules and reg- ulations of die commission. ABTIC1UE! IV. Towa Superintendent; General Powers and Duties. Section 4ft. Election of town superin- tendent of highways. *L. Submission ot proposition for ap- pointment of town superintendent &. Term »f office of town superintend- ent. 43. Vacancies; offic* ot highway com- missioner abolished. 44. Deputy town superintendent 4,45. Compensation of town superintend- ent and deputy. 46. Removal of town superintendent 47. General powers and duties of town superintendent. 48. Contracts tor the construction of town highways. 45. Machinery, tools and Implements. 6ft, Town superintendent may hire ma- chinery. EL Purchase of-gkavel and stone. 52. Obstructions and their removal. 68. Removal of obstructions from ditches, culverts and waterways. 64. Removal ot noxious weeds and brush within the highways, and of obstructions caused by snow. K5. Assessment of costs against owners and occupants, B6. Wire fences to prevent snow block- ades. 57. Entry upon lands by town superin- tendent 68. Damages to owners of lands. 69. Damages for change of grade. 60. Drainage, sewer and water pipes, cattle passes or crossings In highways. 0, Trees and sidewalks. 62. Expenditures for sidewalks. S3. Allowances for shade trees. 64. Custody of shade trees. 65. Compensation for watering troughs. 66. Credit on private road. 57. Neglect or refusal to prosecute. 68. Erection of guide boards. 63. Measurement ot highways and re- port 70. Application tor service ot prisoners. 71. Construction and repair of approaches to private lands 72. Unsafe toll bridges. 73. Actions ft>r injuries to highways. 74. Liability of town for defective high- ways. 75. Action by town against superintend' '/_ j*-~\ TIIIB' 1 contract shall be upon certificate* 1 flung thereof wlin the to^cter^^The f ^^ontmctof hy,th ? d%tet or. Issued couh- that the accord- mmg ujcrrtn »MM« '«•»•«• 'Vi •-' ~ii ih«4tnt* to-the-contractor oy wwttw\\\- 1 town board shatlshcnr evldenoo. nJ#52E-'. JJ f^tntoodent k the. «tR$V 1 an* in detet.se Of such f ehttr^^andaRe. ^&W±teeri done under And in . such hearing shall enter an ord-t in th£ \ ^^ b ~ m6 tt>Tm , p f »uch : ,contract office of the* town clerk either «J*»**£. , £* ffirplansandsp^^tlons. Alt work- or dismissing such charges., ^enfrv ' \5 V -.•:**-- 5— -~~ -™K1 ^W«*«t «b«ll'be of- an- order sustaintng the J*&*&* operates as a removal and the; town boara .- w%f K _..„_„,^ ,,. r^.M« shall appoint another person to nil the [ ^^gn-tsd b> him; ;*he^wn superlnr v*cLcy/causbd: thereby- W*» $«*»-*»-. fci&t \slatf file -all CQnffecJ* *W*rdM Ste4 shall hold office for the-unex- ^dVr'this section ^r as provided tnth* l^^*^s^,r chfe^foyhe^w^^jsr^ ent 76. Audit of damages without action. 77. Closing highways for repair or con- struction. I 40. Election of town superintendent of highways.—At the biennial town meeting held next after the taking effect of this chapter, there shall be elected in each town * town superintendent of highways. A successor to the town superintendent so elected, shall be elected at each bien- nial town meeting held thereafter in such town, unless the town shall have adopted as provided in section 41 a resolution that thereafter the town superintendent shall be appointed by the town board. 8 4t Submission of proposition for ap- pointment of town superintendent—Upon the written request of twenty-five tax- payers of any town, made and filed as provided\ In the town law, the electors thereof may, at a special or biennial town meetibg, vote by ballot upon a proposi- tion, providing for the appointment of a to*fn superintendent In such town. Such probositton, shall be submitted In the manner provided by law for the submis- sion of questions or propositions \at a town .meeting. If such proposition be adopted, the town board of the town shall, upon the expiration of the term of •Sice of the elected town superintendent, appoint a town superintendent J therefor, who shall take and- hold office for the term hereinafter prescribed. | 42. Term of office of town superintend- ent—The term of office ot a town super- intendent elected or appointed, as pro- vided In this article, shall be two years. H such town superintendent be elected at % town meeting held at the time of a general election, his term shall begin on the Thursday succeeding his election, or as soon thereafter as he shall have been officially notified of his election and shall have duly qualified If such town super- intendent shall have been elected at a town meeting held at any other time, his term of office shall begin on the first dav of November succeeding his election. If such town superintendent shall have been appointed pursuant to a proposition adopt- ed, as provided in the preceding section, his term shall likewise begin on the first day of November, and the town board shall meet prior to that day, for the ap- pointment of such town superintendent § 43. Vacancies; office of highway com- missioner abolished.—Vacancies In the office of town superintendent shall be filled for the balance of the unexpired term. The office of highway commission- er in each town is hereby abolished, to take effect on and after November first, nineteen hundred and nine. Where the office of highway commissioner shall be- come vacant by expiration -of term or otherwise, after the taking effect of this ehapter. and prior to the said first day of November, nineteen hundred and nine, such vacancies shall be filled for a term to expire on such date. Highway com- missioners in office when this chapter or any section hereof takes effect shall ex- ercise the powers and perform the duties hereby conferred and Imposed upon town superintPndents until the said first day of November, nineteen hundred and nine, and until their successors shall have duly qualified, whereupon such powers and du- ties shall cease and determine 5 44. Deputy town superintendent—The town board of a town may. In Its discre- tion, upon the written recommendation of the towD superintendent, appoint a dep- uty town superintendent, to be nominated by such towu superintendent, to assist htm In the performance of his duties Such deputy superintendent shall act as such d-ring the pleasure of the town su- pertnlen.l.-t.t. 8 46- <\< mp»-nsi'!on of town superintend ent and J.-p'j:y The town board ah.-*.! fix the c impensatio'i r>f su.-h supe.-ir tendent and tils dvputy. If one be appoint ed. which sttaii not- be less than two nor more than five dollars per day. Such town superintendent and his dcput>. if any', shall be paid the actual and heces aary expenses Incurred by them In the performance of their duties Such com pensation may be piiU by ihc super vlaor monthly, in ad.an^e of audit.- fr ; iri. moneys leviedI'ai»d collected for's-^ch pur, pose, on accounts duly verified In. the tam« manner as io.syn'.ac.obur.u ar» r> . •aired by law to be verified: • S„rh ac ' counts, for- cbmp^aaiitl^r.i' tog.-ther -.v:**- accounts, for e*':-'hs<'*. incurrej - ty 'SMrh • town -superin^r/r-.t ia-i/hls eXputyv If any,, verified -as afcoVeV-pr\vid»d'. ahaH 5<>- .' .. .'subject to-'au,U!t by the -ovm 'board-a! \a- sneeting ; held ar.r.-.a'.'y. for ,the aiidi* >>• •.;ftccbunts .of.' : ..town ..'officers; arid, the ihal- '*...'.'.Jsnc^'-due,-as'flna.i'y a-Jd!»^d' by *he 'OTVTI. board, shall be'.-pal'd. :bv ,'he.-.supervisor To such town sypertrttPnaem, or deputy/-!*. ; any^. from funUs'availdhte therefor.- ; J iS' -Removal tit. tn.w.'n Bupertnteriaent - 'A town BUperlpfejiaent may be ,r««m,ovVY ' by the toWn board upon written chargea preferred tjy.'tee cojiui.issioj). or \Uy 4 -.\-;n ,-'•' 'district. 6T '«o«nt,X'.-,.8iip\rui<efl .'for • rnatfeassirioe' O*' m<s.f.?aaL(ti.cb In \ office... - -,em»>r charges etoU b^ -orfiscntiTi. •- pT!?a.t» to *& towrt -shall be «!'** stt'an be ser \ - •; itee- -tnarn n«te= soiled a**ase^ : :tirf;n teszZft & ••*• * . •tiiereln.. SacT> -i^me' sti.tll V «wJf- At . - >eist f*v«4{-:;\3 Prt--r to the. time. • l .pecJ'>3 fn sueh notice. The town boirfl. aJsaH - - cowvsne for the purpose 0* cofcaiaerTn* «ch cbargei wttaia ten day* afte? ,«j# order of a court of competent Jurlsdlotloa determining that the original town super- . tntendent was wrongfully and illegally removed and directing his reinstatement If the charges are dismissed, tho town hoard shall notify the commission and the district or .county superintendent of Buehateot The'town board shall, also no- tify the commission and the district or county superintendent of the name of the person appointed to fill the vacancy caused by the removal of such town su- perintendent An appeal may be taken by the commission or district or county superintendent or by the town superin- tendent from the order of the town, board, to the county court by the filing of a notice of such appeal In the office' ot the town clerk within thirty days after the entry of such order. A copy of such notice of appeal shall be served person- ally or by mall upon the adverse party. Upon such appeal the county court shall consider the charges presented to the- town board, and.may hear evidence la support and in defense thereof. After much hearing the court shall 1 make an order either affirming or reversing the order of the, towp board. A copy ot such order shall tie entered in the office ot the town clerk If the order revets* an order dismissing the charges, it shall direct the town board to remnve the town, superin- tendent and appoint a person to .fill the vacancy caused thereby, within the time* specified therein; If it reverse an order sustaining such charges. It shall direct the reinstatement et the town superin- tendent removed, to take effect upon the filing of the copy In said town clerk's office. I 47. General powers and duties of town superintendent—The town superintendent shall, subject to the rules' and regula- tions of the commission, made and adopt- ed as provided In this chapter: 1. Have the care and superintendence ot the highways and bridges In the town except as otherwise specially provided In relation to Incorporated villages, cities' and other localities. 3. Cause such highways and bridges to be kept In repair, and free from obstruc- tions caused by snow and give the neces- sary directions therefor, end Inspect the highways and bridges within the town, during the months ot April and October of each year, or at such other time as the district or county superintendent may prescribe. 3. Divide the town Into as many sec- tions as may he necessary for the proper maintenance and repair of the highways therein, and the opening of highways ob- structed by snow. 4. Employ such persons with teams and Implements, as may be necessary for the proper maintenance and repair of high- ways and bridges, and the removal ot oh* structlona caused by snow, subject to the approval of the town board, as herein- after provided, and provide for the or- ganization and supervision of the persons so employed. He shall file a list Of the names of the persons so employed, with the compensation paid to each, and the capacity In which they were employed in the office of the town clerk. 5. Construct and keep In repair sluices and culverts and cause the waterways, bridges and culverts to be kept open. C Cause loose stones lying In the beaten track of every highway within his town to be removed at least* three times each .merit\'or\repair\'of town 'highways' and bridges. wltH 'the town clerk ;j of the town within ten days after their executions''\- \ fZ4»CM*ctaiaery, ttiols and l^ptiwasntt,-* The- town superintendent may* twltb- the approval of the town board, purchase for the use off the town, Stone crushers, steam rollers, traction engines, toad ma- chines tor: grading - and iscraping, fools and other implements, subject to the Urn-' itatlons prescribed- in section ninety-four, whtch shall be paid toe from moneys levied and collected or from the pro-' ceeds of bonds issued and sold for such purposes as provided In this chapter. ..No contract for.the purchase!of stone crush- ers, steam' rollers or traction, engines shall be valid, unless the district or coun- ty superintendent shall have approved thereof and- endorsed his approval upon such contract All road machines, stone crushers, steam rollers, (tools and other implementa owned either'by the town or the highway districts, therein, when this chapter, takes effect shall be used by the town .superintendent h> ' - \—— —* at such places In such. deem beat They shall TT trol of the superintendent and' be eared for by him,at the expenaw of the town. The town superintendent shall annually make a written inventory of all such ma- chinery,, fools send tmplorttents. indicating each article and stating ihe.yalne there- of, and .the estimated cost of alt neces- sary repairs thereto, and deliver the same — , -^. JA«. «* *»;« 4-nmm «vn or be» kefi manner and forn as he shall .under the con* to the supervisor of the town on or be- fore 7 October thirty-first In each year. He shall at .the same time file with the town clerk bis written recommendations as to what machinery, toola and imple- ments should -be purchased for the use of the town, and the probahle cost -there- of. The town- superintendent shall pro- vide a suitable place for housing and storing fill machinery, tools' and imple- ments owned,by the town and cause the same to be stored therein, when not in use. Where there Is an incorporated vil- lage constituting a\ separate road dis- trict wholly at partly ^n a town which has; purchased a stone crusher, steam roller or traction engine, the town board of such town may permllt the use thereof by such village upon such terms as may be agreed upon. |- 60. Town superintendent may hire ma- chinery.—The town superintendent may, with the approval of the' district or coun- ty superintendent, lease or hire stone crushers, steam rollers and traction en- gines at a rate to be' approved by the town board, which shall -not exceed ten dollars for *a stone crusher and steam roller, and eight dollars for a traction engine, for each day such stone crusher, steam roller or traction-engine i s actual- ly used upon the highways. The ex- pense thereof shall be paid by the .super- visor, upon the written order of the town superintendent, out ot moneys received by him. as provided in this chapter, tor the repair and Improvement of highways. S 51. Purchase of gravel and stone.— year between the first.day ot April and first day of December. Stones so removed shall be conveyed to some place from which they shall not work hack, or he brought back Into the track by road ma- chines or other implements used In re- pairing such highways. 7. Cause noxious weeds growing within the bounds of the highway to be but and removed, at least twice each year, once between the first and fifteenth day of July, and once between the first and fif- teenth day of September. He shall also cause all briers and brush within the bounds of the highway to be cut and re- moved once between the first and fif- teenth day of September in each year, as provided by section fifty-four of this chapter, unless otherwise directed by the commission. 8. Cause such highways as shall have been laid out but not sufficiently de- scribed, and such as shall have been used for twenty years, but not recorded, to be ascertained, described and entered on record in the town clerk's office. 9. Inspect all highways which are to be constructed or improved as state or coun- ty highways, when directed by the dis- trict or county superintendent tor the purpose of securing preliminary Informa- tion to be used In preparing the plans and specifications for such highways, and mark or In some substantial manner des- ignate the portions ot such highways which may need special care and atten- tion. He shall report to the district or- county superintendent the condition of such highways and submit therewith such recommendations in respect thereto as may seem expedient The district j>r county superintendent may require addi- tional reports in respect to such high- ways whenever it seems to. him to be necessary. 10. Attend public meetings called by the commission, held within the county: after receiving notice thereof from the district or county superintendent, and his ex- penses necessarily incurred thereby shall be a town charge. U. Cause the monuments erected, or to be erected, a s the boundaries of highways, to be kept up and renewed so that the extent of such highway boundaries may be publicly known, and erect and estab- lish such new monuments as may be re- quired by the district or county superin- tendent ' ' • 12. Collect all penalties prescribed by this ehapter. 13. Report annually on such date as may be prescribed by the commission. prior to November fifteenth, to the dis- trict or county superintendent. In relation The town superintendent may. approval of the, town board, purchase of the owner of any gravel bed or pit or stone quarry within the town, gravel or stone for the purpose of grading, repair- mil or otherwise improving the highways ot the town, at a price per cubic, yard to be approved by the town board. If such town superintendent cannot agree with any such owner for the- purchase of such gravel or atone, he may, with the ap- proval of the town hoard, acquire by con- demnation the right to take and use such gravel or stone, and to 'remove the same from such bed, pit or quarry, tor the purpose of grading, repairing or other- wise improving such highways, together with the right ot way to and frjom such bed, pit or quarry, fo* the purpose of such removal. No such gravel or stone shall he so taken by condemnation with- in five hundred feet of any -house or barn, or from any lawn, orchard or vine- yard. The purchase price; ot ou.ah. stone or gravel and the damages awarded in such condemnation proceedings, -together with the costs, antt expenses thereof, shall be a town charge and paid from mpneys levied and collected therefor, as provided by law. If the town shall aban- don for the period of three years any right acquired under this section to take and use the gravel or stone from any such bed, pit or quarry, tor a period of three years, or It the superintendent shall cease to use the same for the purposes for which .'it was acquired, the right thereto shall cease, and the ownership thereof shall revert to and become vest- ed In the owner of such bed, pit or quar- ry, or his heirs or assigns. i 51 Obstructions and their removal.— Obstructions, within the meaning of this section, shall include trees which have been cut or have fallen, either on adjacent lands or within the bounds of the high- way, in such'a manner as to interfere with public travel therein-, limbs ot trees which have fallen within the highway, or branches of trees overhanging the high- town la wiiica -«aid lands, are situated shall caus*vgne natti'-. *o be done, and the expense thereby |ji$Surtea\ shall be pold in the first- instance ' put /of nioiieys. leviedS snd collected Jujdifi^tl&me therefor, and j t)»e amount''thbri&f shall- be charged- against sueh '.burner or occupant-.liiid levied and collcctea. as provided in see- tibn/fifty-five, ,-' „ ;.'•; 'JJ L J5,;^R?»snjeht' i of:cV.st against; ,own*£i/ and occupftnts.--The.t6wn superintendent' Shaii assessrthe cost^of\. •>-•;;•-. •>•-_ 1. Seittovinf -obstructions :and moving and,resetting poles and wires,;pursuant to sectlon-fltty-twb. < v' * \; Z. Cutting and removing noxious weeds, briers and brush' and removing brush, shrubbery and other obstructions within the* highways, causing . the - drifting' ..of\ Show, pursuant to section.- fifty-four, against the owner, occupant or company heglectine to perform the duty imposed by the sections above referred to. Such town superintendent shall serve person- ally, or by-mail upon such Owner, occu- pant or company, * written notice, stat- ing that at a -time and place specified thriin, he will assess suohr;cost against the owner\ occupant or company neglect- ing - to perform such duty. Such notice shall be served at least eight days pre- vious to the time specified therein. If directed, against a company, it may be served .Upon it at its principal place of business; or upon an agent of the com- pany within the town. At the time and place so specified.' he shall hear the par- ties interested, and shall thereupon com- plete the assessment stating therein,, the name of each owner,' occupant or com? pany, and the amount assessed against him or it, and shall return such assess- ment to the town clerk who shall present the same to> the town board ot his town, at its meeting held on the Thursday pre- , ceding the annual meeting of the board ot supervisors. • Such town board shall certify such assessment- to the board of supervisors who shall cause the amount stated therein to be levied against such owner, occupant or< company and any un- collected tax shall be a lien upon the land affected. The amount so levied shall be collected in the same manner as other taxes levied by such board, and shall be paid to the supervisor of the town, to be applied in reimbursing the fund from which such cost was defrayed. , J 66. Wire fences to prevent -snow block- sdes.—The towri superintendent with the consent of the town board, may purchase wire tor fences to be erected for the pre- vention of snow blockades, and the said town superintendent is hereby authorized to contract with the owners of the lands lying albhg the\ highways ot \their re- spective towns, at such points as are lia- ble to snow blockade, for the removal of the fences now standing along the bound- aries of such highways and the replacing ot such fences with Wire fences. He may contract to deliver to such land owners fence wire to be used in the construc- tion of such fences, without charge to ' said land owners, at the place of pur- chase, but he shall not agree to pay any : part ot the cost ot the removal or con- struction called for by said contracts, ot to make any payment to said land own- ers, as a compensation for the construc- tion of fences or for posts.. The amount to he expended for the purchase of such wire shall not exceed the sum of three hundred dollars In any one year, and such amount shall be. included i n the es- timate for expenditures for removal of obstructions caused by snow, and other miscellaneous purposes, and paid from the money levied and collected therefor. The fences to be built under the provl- tdons ot this section, shall be of not less than tour strands ot wire, nor more than nine strands, in the discretion of the town superintendent approved by the town board, and the construction of said suiw*AiDWM«BaWC •OtiMrt* towmlwhdat ,. . • ','! •». Drainage; sesfer and water* <ptj c*ttl* passes Jft ^ther crossings*to« timtt^Xto.-Wlifc- -suberintendetflf .-wiay, with the consent of the town board, upon the wrltteh' appilcatk>a*bf any* resident ht his towh«or>a. ©oblation, grant ;pen&J*-/ aion< .for. an overhead or underground creasing or te lay and maintain drainage, sewer and water pipes undsr ground with- m the porttoo therein described of a town highway'/ It «*. Mthwaj* ii awatat* or .county highway, such permlslon shall be gTantsif with,the consent ot the county or district superintendent instead of the mfo-' hoard.\ #*rmlsaion -shall not ho granted, for the \laying and maintaining ot such pipes 'under' the traveled part of the highway, except across, the same,- tor theto purposest pf : seweragee and drainingc awajnpa or other lands, and supplying premises,'with water. Such permission it&nd>nt .If ^hahle to jBgre* wim sveh. owner upon the amount of damages stained the ajrnouht thereof shall' V such \ittfw*hM#4» Wdleatuif'the dire*-' ttoh, dtstaseeaaha nahSe»Hnjfi the townm, villages b> cities to or' through which • tuch. r lat«iM|iK«hg Wg^aYjfuu. sSueb aji-, pUcattpfljshail designate the- highway in- • ;tersecti«»> A± which- jjucls} guide ,boards/ are requested to be ; e»otea» and .may roontalrj, suggestions as. ^_to; the Inscrip-. tions and devices to be plaoed upoa^such- boards. The cost of-the erection 'and; maintenance of such boards \shall be a tctwa tSUtitffc: If Meitowtf.sijpertotmdettf muses, or: neglects ;for a, petfod of sixty days after receiving sUoh\ Application to comply with -the request .contained'there- in,, he shall, for iiiob neglect or raftisaV forfeit to the town, the sum of twenty-•; five dollars.' toVbe recovered/by the au- perVisbrta the name et tije town/and J** •Jnbunfc sb recovered! shall he set apart for the erection of such guide boards. | 69. Measurement-of highways and re- port.—Within six months after the tak- ing.effect of this chapter, and as often as the commission shall direct, the town superintendent shall/measure, all high- ways of. his town. Such measurement* shall be made either by tho use of * I oyclometer or otherwise as the commts- *J sion shall direct jSe shall ascertain, and indicate -.in his' report,' the town high- ways which have', been surfaced with gravel, those whicb have been surfaced with crushed stone and those which have been- shaped and crowned- . He shall ire- port ra triplicate, on forma- to be pre- scribed and *&irniahed«b* the.- eommissknv the total mileage of all highways, within ] hit town,'specifying aa^above provided-- 1 as to townj-falghwaya. ona-oif which ahall be filed with the town clerk* one with the district .'or county \superintendent and one- *rtth <j*e epnu$f-ston. ^,,/',\ ' f 70f f Application; for jsbrvica of prison- •m-riASteS'. satisfying himself that proper quarters; can?»e secured, the- town super- intendent may, with the consent of the town board, request the supervisor of the town, under the provisions of section ninety-three of the county law, to pro.- tiro* be ill shall i>b'jrran.ted'•upon the condition that such pipes and hydrants or crossings shall be so laid.'-set or constructed as ho t Interrup or interfer with publi travel upon the- highway, and upon the further condition that the applicant will replace the earth removed and leave the high- way to ail respects In as good condition as before the laying of said pines, or con- struction of STJQhctossmgs,and.thatauch applicant, will Jri^pu, such. pipe*, aha, hy- drants or <a5pi*ing.in repair' and^aaya the town harmless from al} ,'damagef which may accfue 'by reMon of th«ilr lo- cation in the highway, and that upon no- tice by the toWn^auperintendenf the \ap- plicant will make the repairs required Tor the proUctlbh W\ presbirvatloii'' «f tha highway. The permit of the'town* super- intendent witU-tbe consent- Of' the? >town board or cOUnfirbr district superintend- ent and' the acceptance of the-appllcant shall he executed In duplicate,, one of which shall be-filed in the office of the town clerk and the other in the office of the district or county superintendent In case the applicant shall fail to make any Of the repairs required to be made under the permit, they may be made by the town superintendent at the expense ot the applicant; and such expenses shall be a lien, prior to any other lien, upon the land benefited by the- use^of -the highway for such pipes,\ hydrants ox structures. The town superintendent may revoke such permit, upon the -applicant's failure to comply with any ot the oonditlsna con- tained therein, . I 81. Trees and sidewalks.—The town superintendent may, by an order in writ- ing, approved by a majority of the mem- bers of the town board, authorize the . . __ owners of property adjoining the nigh- I The town superintendent may, when cu- _,. „t._i» „„„ «.^„„ nKB to i ocate and ] jeetea D y the town board, construct and i tned. determined' and paid as provided In section fifty-eight When such hfehway* shaft have been closed to the. pubUe as provided herein any person who disregards the obstruction and; notice, and drivel, rides'br walks over the portion of tb,e m^way fo closed, shall be guilty of ;: >••'-'. - ;•-. jMttqtM ; v*. -' - •. .. -.- - - / Higbway Moneys; State Aid. \Section 90. Estimate of expenditures tor highways'and^hrldges. , * J •SlMjluties of town board to respect to estithates'i levy of taxes. ;, SS. Additional tax. iK, Extraordinary repairs of highways' aM bridges! 94. limitations of amounts to be raised. 35,. Submission of propositions at town meetings. / 96. Borrowing money in anticipation of . *7. Towns -may borrow money for bridge and hlgbwsy purposes. '98: Ts8ue ,ahd sale of town bonds; #. Assessment of village property. «»« a,o*tfment hv clerk of board of 16$. :Statfiment by clerk pervisors.' *\* *—»»,!«« 0 f gtate aid. cure the services ofJ prisoners serving sentence in the county Jail, tor general work upon the public highways of the town. | rt Cbnsiruction and repair of aii- pfdaches'to private lands.—The owhera or occupants of lands shall -construct and keep In repair all approaches- or drive- ways from the highway, under the direc- tion Of' the district'or county superin- tendent and it shall be unlawful tor such owner or occupant of landB to fill up any ditch or place any material of any kind or -character in any ditch so as to in any manner obstruct or interfere with the purposes for which It. was made. \ \ —\* when di- ways, at their own expense, to locate and plant trees and locate and construct side- walks along $he highways, in conformity with the topography thereof, which order with a map' or diagram, showing the lo- cation ot the sidewalk and tree planting, certified by the town superintendent shall be filed in the office of tho town, clerk; within ten days after the making of the order. 4 62. Expenditures for sidewalks.—The town superintendent of any town may, with the consent of the town board, main- tain and repair existing sidewalks in such town, and the expense thereof shall be a town charge,. The town board of any such town may on the petition of not less than twenty-five taxpayers ot the town, by resolution, direct the town superin- tendent to construct a sidewalk along a described portion of any highway of the town, in a manner and not exceeding an expense to be specified In the resolution, and the expense of constructing such IUWU w _„ „ sidewalk shall be a town charge, and fenc^'sad''their distance\ apart, shall be 1 *^ 5JL^?£.ilL&* IW ,Wn6 mannw aa such as said town ,ui^1ntend*mt^all ^^^wancrtor shade treea.-,There rected by keep in repair such approaches and the expense thereof shall be a town charge. S 72. Unsafe toll bridge. — Whenever complaint In writing, on oath, shall be made to the town superintendent, of any town in which shall be in whole or in part any toll bridge belonging to any person or corporation, representing that such toll bridge has from any cause be- and is unsafe tor the public use, su- --102. Mileage and assessed valuation. . 108; Payment and distribution ot state 104. Custody ot highway moneys; under* taking of supervisor. SOS. Expenditures for repair and ira* fcfovement of highways. .106. Expenditures, tor bridges and* other highway purposes. ' - 107. Reports of supervisor as to high- way moneys. ' .10$, Highway accounts; formsand blanks. 309. Duty Of town clerk. 110. Compensation of supervisor and town clerk\. ' \ , 111. Additional expenditure for improve- ment, .repair and maintenance ot town highwa^afTS .,.,-, ,,, | 90. Estimate of expenditures' for.blgh- ways and bridges.—The town superintend- ent shall annually, on or before the thir- ty-first day ot October, make a written statement In respect to the amount of money which should be raised by tax in the, town for the ensuing year, beginning on*'said firat day of November, for the purposes therein set forth, which, Shall be filed, with the town clerk. Such state- ment shall specify: X The amount of money necessary to be levied and collected for the repair and improvement ot highways, including sluices, culverts and bridges having a span of less than five feet Such amount shall not be less than an amount whibti When added to the amount, of money to 1 be received from the state, under the l provision of section one hundred and one, 5 will;equal, thirty .dollars for each mile Of highways witbm the town, outside' the fimits of incorporated villages, except that no town, having an assessed Valua- tion ot three thousand seven hundred and fifty dollars or less per mile outside of incorporated villages shall be required to levy and collect a tax under this subdi- vision in excess of four dollars on each thousand dollars ot assessed valuation. 2. The amount of money necessary to be * such town superintendent shall forthwith levied and collected for the repair and make a careful and thorough examination construetfcm- of bridges, having a span of such toll bridge, and it upon the ex- of five feet .Or more. -•.-„, • *,— ~r.«n_ a. The amount ot money necessary to bo levied and collected for the purchase, repair and custody ot etono crusbef*. ••— »—.-*»».. m-natnou mad ma- way so as to interferei with public travel therein; lumber, wood or logs piled with- in the bounds of the public highway; ma- chines, vehicles and , Implements aban- doned or habitually placed within the bounds of the highway; fences, buildings OT Otter structures •wtcted within the bounds of the highway! earth, stone or other material placed In any ditch or wa- terway along the highwary; telegraph, tel- ephone; trolley and other poles, and the wires connected therewitti, erected within the bounds of the highway In such a manner aav ttv Interfere: with the use -or the higftwMr, tor nublto travel. It shall be the duty of each owner or occupant of lands situate along the high- way, to remove all obstructions within the Oboundi. of the bli •'-*-- been placed there, el 1 prescribe. Whenever such fence or fences shall become so out of repair as to be dangerous to animals passing along the highway. It shall be the duty ot the own- er or owners of said fence or fences to immediately repair or replace the same. Whenever the town superintendent shall contract tor the removal of any fence, under the provisions of this section, he shall file in the office of the town clerk a (description of that portion ot the high- way to which said contract shall apply, and thereafter it shall not be, lawful for any person to replace-.the fence so con- tracted to be- removed, .with any fence liable to cause the drifting ot show. In no case shall the town superintendent ap- prove of or permit the Use ot barb wire, for such fences. - - | 67. Entry upon lands by town super- intendent—The town superintendent may, when directed by the district or county superintendent and when authorized by the toWn board, enter i. Upon any lands adjacent to any ot the highways in the town, tor the pur- pose of opening an existing ditch er drain, or for digging a new ditch or drain for the free passage of water for the. drainage of such highways. 1 Upon the lands ot any person adjoin- ing rivers, streams or creeks, to drive spiles, throw up embankments and per- form such other labor as may be neces- sary to keep such rivers, streams or creeks within their proper channels, and to prevent their encroachment upon high- ways or abutments of bridges. 8. Upon'Jthe lands adjoining a highway which, during the spring freshets or at a time of hlghwater are subject to over- flow from such rivers, streams or creeks, to remove or change the position of a other obstcuction preventing the ay, which have •r br themselves or by their consent It >hall be the duty % all telephcne, telegraph, electric rail- way anb* ?tW decimal companibg,'J» fence or free flow of water under of through^*, highway, bridge or culvert, whenever th* same may be necessary tor the protec- tion of such highway or bridge. 4. Upon any lands adjacent to highways to remove any fence or other obstruction which causes show to drift in. and upon such highways, apd erect shbw fences brf -»>»' nonces unon such lands to prevent at upoii such other devices upon such the drifting of snow is highways. 5 6&, Damage* to i J? w J iera of land*** to the highways and bridges in bis town, containing the matter and.m the form to. be prescribed by' the commission.. 14. Perform such other duties and have such other powers as may be ; imposed or conferred by law, or the rul^a and .reguV 1 1 tions of the commission. Including the powers and dutie^.heretbfofe exercised or pert-.fined by highway; commissioners: ,, | 48. Contracts for the conefcrudt-ion'of town highways,—The town board of'any town may provide that the. construction of \new highways. Or the rjerrhanent Im- provement or reconstruction, of existing highways, the cbst of which\ will; exceed five hundred dollars.' shall be/done under contracts. All such contracts, shall be awarded by the. town .superintendent In. accordance with estimates, plans and specifications to. be furnished by/the dfs-. irtbt air county Superintendent; or- by the commiaaibai as provided \in-this chapter*, to the lowest responsible bidders; aftef ativerUseuient once aweek^fbr tbr*e>coh* aeculive, weeks, lri a newspsiper published .n/th« tbwn-where the- work if; to be -per;- .orm«d,/of ;U no newspaper is published ifieeeih, in a newspaper published at some 1 other place in the county, haying tha^J largest circulation in said town. All Wda ! lor'.e.uco work' sb44i be- opened, ,1n v phb'lI0 b» fiiod ln» the offlee of the such contract shaO be- lt be approved by th* diatrtrt or county superintendent, as to its form- and sufficiency. The peTBOSL to whom sMi-h edntiTict/is aWaraed shall«X-i, jecute a bond: tb the: town; ip asutneqital * .to the amount qi th« contract with .two mora ffiiroti'e« to :h<& approved .by .the remove' and reset telephone, telegraph, trolley and other poles and the -wires connected therewith,'When the same con- stitute , Obstructions fbi the use of the highwayby the travellhg publia It BiiCh obetruotlons ajre. hot removed, or such poles-. Or/ wlre»- are not removed and; re- set within thirty days after the service of a notice, personally or by mall, upon suoh owner or occupant-sjsr.- uptm; such company- at its prinoipaL'place of busi- ness, or an agent of such company with- - »^- «--*«. e.n,i»«t-ine the same to be Where lands are entered upon under th* provisions of the preceding- section, the town superintendent shall agree with ttjo owner of suclj lands, subject-'to the ap- proval of the town board, as to the amount'of damages, if any. 'abstained, by such'owner in consequence of such entry. ilii pbrformahce bf the work authorised byT such section, and the amount of sttch lb the town, requesting the, same done, the town,- superintendent shall re- move siich obstructiona, ancl move and reset subft pplea;and.wires. The expense therebyitveufred shall^be,paid-in the flrat instance out ef moneys levied and.col- lected and available ^theWfor, and the amount thereof sbidl^Zcb*rged against. anirA'' billet,.,. -OcMpah^ot^^mpany^. stid levied ja»€ collected, aa pronrlded m see-' tion fifty-five. ,. *.-'./.,'t' :•>'•- • >' ' i O. Ksmbval f off obstructions from ditches, culverts and waterWaye. -i-.'The- • »-_j —« «*«n r.«li damages shall be a-.town, charge, JEf the town' superintendent is unable Jo agree. lyith auiuh 'bw|isr upon' the amount' of damages thus sustained the aniouht there- of shall, be ascertained, determined .and: paid in the manner that damages arc.sp ascertamed, determined and paid, wherw hew 1 nlghwajs are\ laid bji< ubd\\ opened and.\ the: town superintendent and land owners are unable to agree upon the amount thereof. ' •/ /, .- ' / - J ' • : i .59.' Damages.for change ot grade.—In any tbwn/tn whidh^a town highway fhill be repaired, graded\ and macadamised .from curb-to curb* by the authorities bf the'town the .owftbr- or ownera -of t^a land adjacent to the said highway: shall be entitled to (recover from the town; the damages' resulting from any\ chance Of grade, A person. claiming damages train such clmnge of grade must present to the tbirb board of such town a verified claim therefor within «ixty.days after,-auch' change, of grade is effected. The board agtee. with such 6wiier< upon the shall be allowed by the town superintend- ent with 'the consent of the town board, to each such owner or occupant who ahall -set out or transplant by the aide of the highway adjoining his premises, any forest shade trees, fruit trees, or nut bearing trees suitable for shade trees, in conformity with the preceding section, the sum of one dollar for each three liv- ing trees so set out or transplanted, to be paid by the supervisors to such owner or ocoupant, npbn the order of the town su- perintendent out of moneys levied .and collected for miscellaneous purposes. Such allowance shall only be made for trees BO set out or transplanted during the pre- ceding year, and living and well protect- ed from animals at the time of the al- lowance. Such trees shall be set out or transplanted not more than eight feet from the: outside line of any highway three rods wide, and not more than one additional foot distant therefrom, for each additional rod in width of highway, and not less than seventy feet apart on the same side ot the highway. It elms, or fifty feet If bthfer trees. Trees trans- planted by the side of the highway, in place ot trees which have died, shall be allowed for in the same manner, - S '64* Custody ot shade trees.—The town superintendent shall have the full control of all shade trees in the public highways ot the'town. but not within the limits of an incorporated - village\ and shall pros- ecute complaints for malicious Injury to, or unlawful acta concerning, public shade trees. Upon the recommendation of the town superintendent the town board may. by resolution, appropriate a sum, not ex- ceeding two hundred dollars, to be known as thb \Shade Tree Fund\ Such fund shall b» placed in the hands of the super- visor as custodian, and shall be expend- ed by blm upon -the written order of tho town superintendent for the setting out and presentation of shade trees along the highways In such town. | 6JS. Compensation for Watering troughs. -&ne tb*n (superintendent rfay, with the consent of the town board; authorize the owner be oectrpant of lands to construct and maintain a watering trough beside the RttblW-highway, to be aupplieu with fresh Water, the/surface ot which shall te three or more feet jabqve'tne level ot ail such, ^watering troughs shall be con- strubtbd Sn .the lower side ot the high- wasv Such: watering trough \Shan be miSfctaihed by /such -owner or occupant jmdkeiit supplied with fresh:water.*-The ^town anpwipteaaent Shall annually- give * written order upon the supervisor tor three dbllair* M b* paid to such owner or bebupahi by the supervisor, for malhtialn- and if upon the ex- amination thereof he shall be of the opin- ion that the same has from any cause be- come dangerous or unsafe tor public use, he shall thereupon give Immediate notice' to the owners of such toll bridge, or to any agent ot such owners, acting as such agent in respect to such bridge, that he has, on complaint made, carefully and thoroughly examined the bridge, and found it to be unsafe for public use. Suob owners shall thereupon Immediate- ly commence repairing the same, and cause such repairs to be made within One week from the day of such notice given,, or such reasonable time thereafter as may be necessary to thoroughly repair the bridge, so as to make It In all re- spects, safe and convenient for public t use. For neglect to take prompt and ef- fective measures so to repair the bridge, its owners ahall forfeit- twenty-five dol- lars, and shall not demand or receive any toll for using the bridge until the same shall -be fully repaired. The town super- intendent shall cause such repairs to be made and-the owners:, of the bridge shall be liable for the expense thereof, and fair the services of the superintendent and upon the neglect or refusal \to bay the ing such watering trough, and keeping the same, supplied with-fresh water, but of moneys levied and collected tor mis- cellaneous purposes, f 66. Credit on private road/—Any peri and shall town, cierk. No: awarded, unless son living upon a private road may be credited on account of his highway taxes In any year an amount equal to the value «t the -work which the town.superintend- ent may deem necessary to per done in such, yeb**ttpbn such roads The town su- t Sermtondant ahall IsAue to him a state- ment containing the name of the person,.-; -th* locattott'bf th* road, the amount of work so jjeemed' necessary to be done. , and th% #**sr thereot fitted: statement shall, be presented to the WWrf'board at Its antaiufl masting, t 0 r th* audit.of town aooounta, and tr approved by such board. .and such-work shall have been-: done, an ordei' sl»»ll b*.ls*uea directing th»: super- visor to pay th* sum specified in such 1 statement to the person therein named, [or bia'assignee, out of .moneys in the, hand* of the supervisor available for highway/puipoeeai - The amount so paid In any year* sh»U not exceed the amount payable by the person' named in such threb commissioners determine th* la entitled. -i<jwn\. board, eonditioriea -for the ^JJW cofhpiiarice wit» 'the term* of th* 5on •.tract;- aba-th*--plana *n4 ''*>*c^»tibnt | and >«r a- -payAient »t 4tt diunag** wW«» bompansation to 'Which, he _ T ^_. . , Notice of the application must be served lected for th» repair and, jniprovement-of Upon tn» bupervlsbr; ot the town at least -\—\~* •— *•\- *«h»nter, I ^ ^g % before tiie bearing tiiereot All proceedings subsequent tb th* app*}nt- strucrfon* ebused by snow.—It. shall be I accorutuica >»m »«« »•- ~-T-~ — -v. -....-.^^ ..... .^^ .immurocCHMiH ot 1 condemnation -law »0 tap as «ppH<*b1* Buch town board, or such commissioners, shall, in determining the compensation, consider the fair value *f the work don*, or necessary to be ;don*. in *-rder to piac* ,th* cJalmanfa- tanda, or buildings, or bdtb, in th* same reJattoM to the Changed graa* M they stood-to th« former gtadt, and make award* accerdlngiy, except that said board or said commlssteaers may amM« -an. -aiiowance tat bene^t* d»- Wibways T* provided by thia chapter. i M-Itembval Of hOXlous weeds H>«i pnwm..n. •\\ ww r ,,, \''J\\. v :;ii h . toVen-in dL% JirtSntb* highway*, and of ob> %&& ot commissioner* shall ,»•\•*? \ h ^ fhV duty: of tb* own**: or' occwant of SaW^MMa aiontth* highway^| cut JTlt iZnrim the n*xlous weed* growing same upon presentation ot an account therefor, the, town superintendent may re- ; cover the same, by action, in the name ot the town. f 7S. Actions f&r Injuries to highways.— The town superintendent shall bring an action In the name of the town, against any person or corporation, to mistain the tights ot th* public, in and to any town highway in tb* town, and to enforce the performance of any duty enjoined upon any person or corporation^n relation thereto, and to recover any damages sus- tained or suffered, or expenafea incurred %p such town, in consequence of any act •or omission of any/^such person or cor- poration, in violation of any law or con- tract In relation/to such highway. 8 74, Liability of town*, for defective highways.—Every town shall be liable for all damages to person or property sustain- ed by reason of any defect in Its highway* or bridges, existing because of the neg- lect of any town superintendent of such J town. No action shall be maintained * against any town to recover such dam- ages, • unless a verified statement of th* cause of action shall have been present- ed to the supervisor ot the town within six months- after the cause ot action ac- crued. And no. such action shall be com- menced until fifteen days after the serv- ice of such statement , i 75. Action by town against superin- tendent.—if a judgment shall be recov- ered against a. town for damages to per- son or property, sustained by reason of any detect in its highway or bridge*,. **« lstlng because, of the neglect of any town superintendent such town superintendent ahall be liable to the town for the amount of the' judgment, and interest thereon, but such judgment shall not be evidence of thb negligence of the superintendent in -the action Mgainst him'. - i: 76.- Audit of damages without: actJdn.— The town board of any. town may audit:' as a town charge, in the same, manner as •other town charges' arb/«udited, any son* claim not: exceeding-- five-hundred' dollar*, for damage* to person or-property, here- tofore or hereafter sustained, by • reason-\ of defectlvb bighways or bridges to the town, .If in their judgment it be for the- interest of: the towii -*b to'do; but. no; claim shall be so audited unless It shall f :hav*fbeen pjrbsented to *ti>e supbryfetor of the town within six ttwntha. .af te\r it ae- crued, nor If any action thpreon shall oa> barred, by the,statuto \of iUmttatibns, ',Th* jtown^libaMrn^^alao audit any iinoaia^ Judgnjieiit beretbtbre/of hereafter reeov- erad. against a toWn superintendent for saiy; siich: damsges, If *««bh tbjte board ;shiai be .satisfied thaV** acted In gbod filth, and *he defect*ci*usihg \eueh dam- age .did not bxist b*«i*u*b' bf the negll- genbe'w misbbnduSt 1 i»t Uj* superintend- bnt *g|iin*t whb» **ch r judgment snail have 'been- rbcoyeredV'/'/ 1, •\ '•'-\• /; -.•'.'/ '.' i 77- ClQilng highway* for repair or con'- struetlori,—If It shall appear necessary to *. - district or. pouhty superintendent to olqse a highway, whlbh li-- being v cbnr structed,. improved br repaired under *nle ' chapter so as. .to permit' a prbper -com- pletion of isuch work; be shall execute *> steam rollers, traction engines, toad ma- chines for grading and scraping, tools and Implements. 4. The amount of money necessary to be levied and collected for the removal Of obstructions caused by snow and for other miscellaneous purposes. The .amounts specified In suob statement shall not exceed the limitations 'pre- scribed In section ninety-tour. It the town superintendent I* of the opinion that an amount in excess of the limita- tions therein prescribed he raised by tax, he shall Include in hi* statements his reasons therefor in detail, I $. Duties ot town board In respect to estimates; levy ot taxes.—The town board, at its meeting held on the Thursday suc- ceeding-general election day In each year, shall consider'the estimates contained in such statement it may. by a majority VOt* of the members thereof, approve such statement, or increase or reduce the amount *>f any of the estimate* .contained therein, subject to the limitations) pre- scribed In section ninety-four. The state- ment, aa thua approved. Increased or re- duced shall be signed in duplicate by a majority of the members ot the town board, one of whicb shall be filed in the ^office of the- 'town clerk, and the other ahall be delivered to the supervisor. The town clerk shall make and transmit a copy ot such statement to the commis- sion. The supervisor shall present such statement to the board of supervisors and such board shall cause the amounts con- tained therein, subject to the limitation. requiring a vote of the eleotors as here- after provided, to be assessed, levied and collected in such town in the same man- as other town charges, and such itoten»at^on *^wt^ n^ey* levied in '. cVtiflcate and file the same to thebaic* S&TwwnTfbrthe ibpatoand improve- UFthe town clerk in wWch such highway Sent bf^higlways a**rOvlded*ln this h, elated,- Such certificate shall stats bTant*!. ThS *bc«on shall not apply «* the necessity for the closing of *ubh'Mgb- ^v^T**^brri*hts-of way cyveriands- J. way r^ dM cribe the portlbn thereof to be closed; nbt more than two tniies of ] a,-) ••J *S^Si^W1-.V««'«*\- -rr --; _ ' ,fA-U teg *Ucb. lands, at least twice in each year, once in th* month of June, and once in the month of August Unless *th*rwl*fr directed by the oomtniaslon, it shall »« ib» duty *f suob\ owner or OOcU- pant to sbt «a.a remove •,« brier* arid brash, trowing- w«*in th* bound* ot t&» highway, fronting itteb lands, one* in th*. tndnth, bf\ August » **<* y*ar>- It shall also b* the duty wf (roctt, owner or eccu- private/road* or rights of way bf-th* owner thereof used by him for bis bwn convenienc* . • :' J any highway shall be close* at any one 117. Neglect.*? refusal to t«0*ecute.^,J tlrae _ At t fee time of fiilng swh pertlfl- %t th*t<!Wn Hupertntendettt shall -neglect cate gutjb dlstiict or county supeHbtend-! £?• refUs* ta prosecute for enr penalty. efu stalJ ^ otiry rte town Stuperlnt-tiaent *nbwtag^.same to have b^ff incurred, to close the highway, who ebaii there- he shall be liable to » penalty qf ten dpi- < upiin j.^,, the same to public trnv»l by law tor eyefy «ubh «»-rl*ct «r r*rb*ali • erecting suitable obstruetlon and twailng which- ahsii be weovered^by action in the J conspibuou* notice* to the effect that the ?* m »f f » p >« towl ^i >y * b ? .*np*Tvtsor._ <wr... highway is closed, Th* town supejrtn- by any taxpayer, of thtf town -who shall , tehdettt *haU. It practicable, provide m indemnify the town for .the josts and ex* , -^^ location for • and cohstruct a, tew- pense of th* 4ctibni to such manner a* ', po^^y ^ghWay io be used by the trav- t *f*F$?IZl!! f, L °^ y W p ^t. vv , '™i * <&*>* pnmo in mm of the tiosed hlgh- t 4*. Erection ot guX0wboard».*TJie town j ^y -^ n d - ma y. ^ r(?cre .^njp^afy t bria|e» aer , _ amounts shall be expended for the pur- poses specified In such statement The warrant tor the collection ot taxes In such town shall direct the payment' of the money so collected to the supervisor ot the town., to bo held by him and paid but for'*he purposes specified in snob statement, as provided in this chapter. traditional tax—Whenever th* town superintendent and the town board shall determine that the: sum of one thousand foliar* will b* insufficient to pay the ex- peases actually necessary for the remov- al of; obstructions caused by anow and the prevention ot such obstructions, and ;w;heneyer/, they, shall determine that the *ftSu^\ jbvjit aba collected for an* of ih!|ijnu»o,sJ* mentioned i n the Btgtonjient presented to the board of supervisors; as .provided - in 'the preceding section, *re InsuB^ieht to, pay the expenses neces- sarily Incurred tor any of the purpose* .therein.specified they may cause a Vot» to m tak^en by ballot at a biennial town ^eating or «t a special town meeting duly called therefor, authorising suoh ad- ditional, sum to be raised aa they may deeja necessary for such purpose, not ex- ceeding one-third ot one per centum *n«m the taxable property of the town, as Shown by the jiast assessment-roll thereof. I 8S., Extraordinary repairs ot highways at* bifiagejf.yjf any highway of bridg* shall at any time be damaged or destroy- ed by\ the., elements or otherwise, or\ be- bbiino Hmsafo ^br public use ana travel, or K smy bri^lg* he condeame'd b? tb* tbin- mi*Blbae;a* prbvided in tbis chapter; tite town^super'intendent ahall cause the same toZba-Jmnlepately repaired or rebuilt, wi^-W'lipbval of tha tbwn board. ^u*h btihway or brldg* shaU ba/so fe- paired or Tebuilt in accordance wttli the alfectidns'or the plans and specifications \prlp*rcd or fpproved by the district or BOiin^-\. superm'tendent; except \if the rbridgb\: to be repaired or rebuilt is one f.which has been condemned by the •cbm- 1 rhtsslon.as provided in this chapter, tite sajfee shall be repaired or rebuilt In acr pordance, with plans and specifications to bo prepared or approved by tbe cornmls- slbn. If»the *xparuH> of repairing br re- building a'bridge hereunder shall exceed five' hundred dollars, It shall be dona wa- der Mi written contract 4h*r*for, which must...m apprbved by the town board. The tnfwh c|er1t shall prepare a statiinent lihowing th* probable cost of improving, repairibg or rebuilding such highway or bridge. Which statement shall be Signed Th difflUcsjt*by* majority of the mem- bers of the town board, one 4t which du- bHcatfe* shall be filed with the town clerk and bne.be delivered to tbe supeirvlsbr r at * v ^rK ftft«^*^*wt»ct *h*» ™»**:±^Tlr other 'obstrueUonSi ta paid mt-M money* ftvailaMe **»»* ^f^Cdrlrtin* *f tnow./s »rovia#d e.xsenses, «ax*e»*» n^de^uftdep «ucli h*r*l»w »*- *«™ *»—»• rive* by the «l*ima»t Worn «cb improve- Ky^rtn^Bdent ntas-, witivthe cmwnt of '-^i^a jftecessaify, or can**.'other existing ., ^„. .-*.,»* -«*.* i,r, n n »« suen 1 tt ,J* uwn - boara! > cw , gaiae- poste with tifgliwaye tb be w a e«, ,'wheb m 4Jr«;t«4- proptr Inscription* «n4 dt»1j^a^w »• ..wxhb-'nlsfrto'or county; jmpprintebdent. vrectsdw at the inrcractton* v1 *u<-n hteh- } Tat . - thf ' purpose.' wf lc&s*wg„ «m«trucang danxMfe*, ot til* *wW4 tbrwter te*«w« j t n «crintIoria ana 3*vlrca..io b* 'wltbthe costs, if; -any. *tiowe« te th* rllg claimant, sfejli bn * c ?*!»»? t 5* t ^ ir *?t!ii .w»y«rh\rel^7«*'^bTn^fV<.«iry.-'whtca nana* available, Uod _ BW,«!«_ wwn [> at , ta h)w> of aiM , rcgj^ent-l^xpaypn board *Hatl borrow--wonj-y for ft* p»>- tv-ievi'n, or teuft' c»;TtlttC»tr* of Jn.d bt.« . #ane*s thenttar. ** provide*, to *ec on * Saeo-aix,^ **n««_«? «»J»w»-1* r« •* m& fcrtolng s'lttt temporary atg'hway at 'bHdfco'tho town• autn-rlfifc-niltujt may en*- ti'-r- uxOTrt'tr-<5 tanas a'ajo'.trthg or noaf to tb**' *lr<&:$. hlghWAy ana raJty, wlib tfi=v „ J7 w— ~. . —- -•- - , „---.„ i at»»ri»t'';tt of tte t» baatd, sgrc-^ wfih tr* <3f th^ county In wfctc^r syeb to.\vrt li { 4hc 6mt „ u .^ -j^jj jj^a, fts to tte 9B# 1 foemt '^ffi u s^. *A*t>SSssSss«£^isv ! *-^»»-tf--«^ i <; *«\ a -- t i»- c1>:y ' u ibm ^^ Taxpayrra c.r«yTc!«fi' r oi\ rw#nty ropitottt taxp&y- the town clerk shall make a copy of such statement and transmit the same t* the' CQtnmlsiion, The auoen-tsor ihail present such. statement \tb the fep*JK( flt supervisars, who shall cause the amoent contained in such statement to be as- Btosed, leviedand collected in tjie same manner aa amount* levied *«d collected tc-r other, hlgbway and bridge purposes, as provided by law. The amount so raised ebait be paid b> the jwperv-isor to be expanded fo* tha purposes specified itt such atalement .. 5 94. 'Mmlta.ttofts of amounts t b be tab -The amounts to be- raised by to* t the vot? ot * town board, aa provide I this article, ehuli be. subject to th*/ J tng llmltittonn: ' : • 1* The arnemtt to be levied and In rg,ch y?ar for thj> repair^anj ojent of blRbways, including 1 vms and bridges having &[ than five fett, shitll not be ! amount prescribed under of. section, ninetjfr. i. Not more than fifteen hundred dol- lars shall be levied and collected In any on* year in any town for the repair and construction of a bridge unless duly au- thorised by vote of a town meeting. slve of ..such property in lncor lages. shall be less than five thotj lars for each mile ot hig-hwai towns, outside of Inr^.rj.'.ratpf, an amount equal to tt>» arr^ur ». Not more than five hundred dollars ^^f . . . w Shall be levied and collected In any one J- In u t f, w J w « whe . r * B,rh j as9 « year In any town for the purchase or re- tton 8ha \ b<? flve ^\\a^ - o ! purchase pair of stone crushers, steam rollers, traction engines or road machines iter grading and scraping, tools and Imple- ments, unless duly authorized by the-vote of a town meeting. 4. Not more than fifteen hundred dol- lars shall be levied and collected In any one year In any towri for the repair or construction of any highway or bridge which has been damaged or destroyed- as provided In section ninety-three or which ha* been condemned by the commission as provided in this chapter, unless duly authorized by vote of a town meeting. ( 96. Submission of propositions at town meeting**—A proposition to authorize the levy and oolleetlon of an amount greater than that specified in the preceding sec- tion tor any of the purposes therein men- tioned may be submitted upon the writ- ten application of twenty-five taxpayers upon the last town assessment-roll or by a majority of the members of the town board, at a biennial town meeting or a special town meeting duly called as pro- vided by law. Tbe provisions of the and less than seven thousand each mile of such highways. equal to ninety per centum of tl of such taxes S. In towns where such asses| Obn shall be seven thousand over and less than nine thou>ia| for each mile of such h.gh amount equal to eighty prr the amount of such taxes 4 In towns where surh ap==s| tion shall be nine thousand over and less than eleven 'Moil lars for each mile of s-jrh r.?g| amount equal to seventy per tbe amount of such taxes 8. In towns where such asse tion shall be eleven thousand | over and less than thirteen the lars for each mile of such big amount equal to sixty per cen| amount of such taxaa. 8. In towns where suoh esse ttoa shall be thirteen thousand over for each mile of such his, amount equal to fifty per centtj town law relating to the submission of ] taxea Provided that ro town s] from the state in any year. irad| tion. an amo-jnt exceeding an twenty-five dollars per mile, mileage of Its highways outsld porated villages except that| where the asst-rsed valuation personal property therein. such property in Incorporate averages more than twenty-\ dollars for each mile of high? outside of such villages, the al thereunder shall not exceed of one per centum of such afsel tion. \ 5 102 MHeage ar.d assessed The mileage cf highways lr ' used in determining th\ amd paid to such towns under tha of this article sna'.l be the tar age heretofore prepared by gineer, until the corrected tab age prepared as provided in teen of this chapter are filed, and all corrections thereof si with the'-^pommission and The assessed valuation of to be used In determining su| shall be the valuation there as provide'! In section one hi forty-one of this chapter, dcrif prior to the levy of taxes Lr. based the determlr.aticn of to be paid to the several to vided in this arf'.cl- § 103. Payment and dlstrtbut town propositions at a biennial or spe del town meeting shall apply to the submission of such propositions. If such proposition be adopted the town board shall Include In the estimates contained In the next statement submitted by it to the board of supervisors, as provided in Section ninety-one, the -amounts author- ized to be raised by such proposition for the purposes therein stated, and there- upon such amounts shall be levied and collected, and paid to the supervisor, to be expended by him as directed by such proposition. g 86. Borrowing money in anticipation of taxea—The supervisor may, when au- thorized by the town board, borrow mon- ey in anticipation of taxes to be levied and collected, on the oredlt of the town, and issue certificates of indebtedness therefor in the following cases: L When an additional sum Is directed to be levied and collected by a vote of a town meeting as provided in section nine- ty-two. 2. Wheal an amount necessary for the payment of expenses Incurred in the Im- provement repair and rebuilding of a highway or bridge has been directed to be levied and collected as provided la sec- tion ninety-three. 8. Whan a proposition has been adopted at a town meeting as provided in section Hlnety-6Ve authorizing the levy and col- lection of an amount greater than that Specified In section ninety-four for any of , money.-The comptroller sh the purposes therein mentioned. Such certificates of indebtedness shall be signed by the supervisor and the-town elefk and shall bear Interest at a rate not exceeding six per centum for a period pot eaoeeolng one year. The amount so borrowed shall be paid out by the super- visor tor the purposes for which the taxes, to anticipation of -which such cer- tificates were issued, is* to be levied and collected. The principal and interest of such certificates shall be paid by the su- pervisor Immediately upon the collection •f the taxes levied for such purposes. 8 97. Towns may borrow money for bridge and high-way purposes.—A propo- sition may be submitted at a regular or Special town meeting in the manner pro- vided by the town law. authorizing the town to borrow money upon its bonds, or ether obligations, to be expended for the following purposes: L Constructing, building, repairing or discontinuing any highway or bridge therein, or upon Its borders. 2. Repairing or rebuilding any highway or bridge which shall at any time be dam- aged or destroyed by the elements or Otherwise, or become unsafe for public j «se and travel. ! 8. Repairing or rebuilding any bridge i M Which has been condemned by the com- i fa i ,rc: -' ea mission, as provided in this chapter. 4. The pdrchase of stone crushers, steam tollers and traction engines The vote upon any such proposition Shall bo by ballot If any suoh proposi- tion shall be adopted, the board of su- pervisors, upon the application of the town board, shall by resolution authorize the town to issue bonds not exceeding tho amount specified in said proposition. Which shall be sufficient to refund and .pay any temporary loan or certinrate of Indebtedness, and to provide for the com- pletion of any work authorized. There ahall accompany such application a state- ment signed by a majority of the mem- bers of the town board, and certified by the town clerk, containing a copy,--of the proposition submitted, as above provided. the vote for and against the same, and Specifying the amount which it Is esti- mated will be required to be expended, pursuant to such proposition. If the highway or bridge, proposed to be con- atructed, built repaired or discontinued, Is situated In two or more towns in the 'same county, the board of supervisors shall, it application be made by each of such towns, apportion the expense there- of among such towns, In such proportion as it shall deem to be just If tbe town adopting any such proposition shall con- tain any portion of the land ot the forest reserve, the board of supervisors shall not authorize 3uch town to borrow mon- eys without the written approval of the forest fish and game commissioner, ex- cept in payment of a debt lawfully in- curred by the town. i S8. Issue and sale of town bonds.—The board of supervisors shall, from time to ' \\_' \ time, impose upon the taxable property of I r^'),'\\. '„ . the town a tax Sufficient to pay the prln- .. \' tipal and interest of such obligations as £\'\ ' they shall become due. Tbe supervisors I * lw ' l and\ town elerk shall each keep a record, showing the date and amount of; the ob- the amount due to th- seve-alj der the provti^or.s of this j shall draw his warrant 'jr-oS treasurer '.R favor cf the c^uni 1 of each county for the total al paid to the towr.s ir. ^i-.-h r-c determined by him. a-.d sYnW amount to be pa'.d to each eounty treasurer shr,: 1 . pay t( visor of each towr. the amr>u such town Is entitle' as d*tf indicated by the comptroV.e payment sha'.: be ma^t ur.t Visor has filed In the off.ee o| treasurer a c^rlifiwi c-ipy taking given by him. as prot articls § 104 Custody of higfeway dertaklng of -supervisor — A 1 j led and co;;^<?t^d. as provide tide all rr.on*-\s c^-llert^d a. der this rhi-ter. or n»<-p|ve other source and ava'.lwbie bridge and mlsr^llaneou- pur moneys rec*.\-d from th^ stl \ided In K. .-or. one fcunGnJ Enall be pai.; to the supprvjp be the cu.-iccain thereof audi therefor E-fure rext-.-.;- g £nl eys the tjperv.sor 6l lu .; g.vj taking to the town m an af b-v the cumra.b.-.t such suret.es . as s.'.j,; be the town board, lo-iciiunned ful disbursem.nl , sal-Keeumgl lr.g of the moneys .... rereij Such un I-'rtak.ni.- si.*:. b» oflice of ti.e low-i cop> thereof sh.,:: t.e .* -^ n| the count} tr» JS received from ty. him. and a..\--> :r. sion In ~u^e i: visor to fa.'rif^: or ac.-our.: f - :: State ;:.e . t rT.T...--. v. i:,..y if on eu'-b. b.--. : .-. it.- r.ame 5 105 Exp. r.ilitt.--* I'.r provem^nt < f : .£hwa>' T le-f and .\o'..e-ted for •' - pr<j\em-:.*. .: ;..£:.*-.&.- culverts a- : : r.^g - . . than h\ e fe- : a:. : ' •; from the sta:e, as ; ' ••. .- 1 hui.Jr- ^ a:, I :.* ? .. :• the r.; a.r .,: . :r. ; • :: • : Wa>s s.^i *- - ...t--j .. such pia. -s „:..; .:. .-.^h i i£| be a j- r .-en town and st::-i m:i In v. S i .1 ti e C J Mup-r e : a !.c •he h s... a_-r.- : b- a md C..-T ligations issued, the time and Place of ' _ ,„ „„, hiphwav in. and oo l<\ le-'. I sale ot I-- their payment, and the rate of /interest thereon. The obligations shall be deliv- ered tb th* supervisor of the town, who shall dispose of the same tor hot less than par and apply the proceeds: thereof for the purposes for which they were issued. Not more than flve hundred dol- lars of such proceeds shall be qxpended upon any highway or bridge, except in pursuance of a contract executed by the town superintendent as provided: in eec- _tioh forty-eight i '99. Assessment of village property.— In 'any t*s/n in which there may be an incorporated village, which form* a sepa- rate road district and wherein the roads and streets are maintained at the, expense of such village, ail prowf ty withjn such - village shall be exempt from tha;ieyy and .collection of taxes levied in the town, as provided by section ninety-one; of this : articled for the repair and improvement of highways, including sluices, culverts and bridges having a span of less than five feet The assessor* of such town ahall indicate in a separate column the value of the real and personal property Included In such Incorporated village. ' I 100. Statement by clerk ot board of su- i pervisors:—The clerk of- the board of -su- pervisors ol each county Shall, an or be- J contain*\ \> ™- - fore the first day of January -,of «*Ch superintendent. a= year, transmit to the state comptroller ninety-one a yenfle and the commission a statement signed » ^11\^\^ r ^\'\ and verified by the chairman of th* board. M P^Vlded in s<- - and certified by the clerk, which ah»n J\ ? i , <3 \ r1 \ s thP yra ' \ state the name of each town,,the assessed ( ty-nrrt • valuation of real property, and the as- . A The moneys rr '••• sessed valuation of personal property. ^\9\ >'^> r - jr - a '\ each saparateiit. in the t^fSaa ouWae in- •; collected-and fr-m v \ corporated villages, and : 'U»* amount Ibf | bonds and cert'.f.-s - -' tax levied therein for the repair and im- | anticipation of \-- - provemtot ot highways, Inbluajjag aluices, t bridges, -purchase . r.- culverts and bridges having s> span Of less , ery. tools ai.J ln'.p:.-•-.••- than five feet. The towns' valuation ot | obstructions mus^..'. j • real property to be used In suchatatement | cellant-uus purp v sc - Shall be the_ valuation thereof, as?equa,l- i\ '.'8;, The .mor.> y s r.^ -. \\ • Iced by the boards of supervisor?. Or oth- | such srear as : per.aV ,r« r- br competent authority, during , th* year , to this chapter, or. fr '•'- . prior to the levy of taxes upon which,is i based the determination of the amounts -\his tov^n in this an. • • i the repa-.r <•' ••'-• '•\\ as specit-— 1 • \ '. !*• be pai-i o:.t t--- ' written or ,-r : after audit .-•••- j : shall be nn ;• - settled to tf • •* special mtt •; • c * ' by the su; - r> s - Uie town . • r. town sup. r • not be so a . • • • penditure t.»- - .. nual estlrr. r- •' \ as appro\«-d or : board, or :>e a board pr by r, - provided m •.:.'.-• »' charge* upor. it - •»» Otherwise prr\-:-: town law re la' ••>•' accounts and counts and Hi- 1 ing under this < he- 8 107 Report« ••• , way moneys -T- • sent to the town t-^' In each year, for <-.-• contained in the and avbilabie f.r l.if* JtO b* paid to the several, towns, as pro? -idea In this article. : , . tlOl. Amount of stafe Aid —There .-shr r ll ; by the state to .tb*''several fcytri. manner herelftafter provid;e<l .K:1 based upao the ambunt- of tos-s,' erein for thb repair fJ-BcJ topr^vi* ; \highways Elutees. culverts, -mid ]f.v!rlg' a fepan tji less 'ittari ftve bfe tictermlnbd at follows: i* where the assessed, valua-- -4. The H-ii,.-\:!/--'- - J ' \ for ti^e !.'tip'>' verr.w.: ,nrj.hf>e of .hlBhw.iy-H. JanU'-'reJjQlr of VrH.:K\i of TO-W 'bridge-.-, .for -d.-\,-;.f in tl-jrltig a\«i;.'al ht^>;*a,SS, for \the 'rrmr'' t-.U'.V^'trj; KTIC^. .'{<:?- '*.>•' -,,c;-.!:isr.j:; tfc'cxia -anil\ \is/'iUS •Ktnttti\ br '&.r<i- *>t Et.-n?'pT rollers iaiid tKiKUni-.- .rast^ -and pere^iiaJ Jifopartjy *XCtU- i .perifit^ifien^; ,>*iarj c'r .
