any ed. ART. 5. $110. If any tree shall fall, or be fallen by any person from enclosed land into any highway, any person may give notice to the Fallen trees occupant of the land from which such tree shall have fallen, to re- to be remov move the same within two days. If such tree shall not be removed within that time, but shall continue in such highway, the occupant of the land shall forfeit the sum of fifty cents for every day thereafter, until such tree shall be removed.53 falling trees. $111. In case any person shall cut down any tree on land not oc- Penalty for cupied by him, so that it shall fall into any highway, river or stream, unless by the order and consent of the occupant, the person so offending shall forfeit to such occupant, the sum of one dollar for every tree so fallen, and the like sum for every day the same shall remain in such highway, river or stream. 53 moving from $112. Whoever shall cut, or cause to be cut down, any tree, sO For not rethat the same shall fall into any river or stream, which now is or streams. hereafter shall be declared a public highway, and shall not remove the same out of such river or stream, within twenty-four hours thereafter, shall forfeit five dollars for every tree so cut down and left remaining. 53 Swinging $113. No swinging or other gates shall be allowed on any public highway, laid out by virtue of this Title, or which has heretofore been gates. laid out, other than such public highways as run through lands liable to be overflowed by the waters of the adjacent rivers or streams, in such manner as to remove the fences thereon. 54 and preserv $114. Such gates shall be erected and kept in good repair, by the How erected overseers of highways of the town, at the proper costs and charges ed. of the occupant of the land, for whose benefit the same shall be erected. 54 $ 115. If more than one gate shall be erected, and the intermediate Expense. land between the gates, at the extremities of such lands, shall be in the occupation of more than one person benefitted by such gates, the whole charge of erecting and keeping the same in repair, shall be borne by all the occupants benefitted thereby, in proportion to the extent of land each occupies adjoining the highway, between the gates at the extremities aforesaid. 54 to collect. $116. The overseer of every road district in which such gates shall Proceedings be, shall, on or before the first day of November in every year, make out and file with the town clerk, a statement of the charges incurred in the erection or repairing of such gates, with the name of the person bound to defray the same; which account shall be verified by the oath of such overseer, If more than one person is liable to de (53) 2 R. L. 278, § 27. (54) Ib. § 30. Ib. TITLE 1. fray such charges, the statement shall also contain an apportionment thereof between such persons, stating the amount to be paid by each. $117. The overseer shall, within ten days after filing the statement, demand of every person bound to pay such charges, or to contribute thereto, the sum due from him, according to such statement; and if any person shall refuse or neglect to pay such monies within six days after demand, it shall be the duty of the overseer to make complaint to a justice of the peace of the town, and the like proceedings shall be had for the recovery of such monies, as in the recovery of fines, for refusing or neglecting to work on the highways. 55 Gates to be closed, &c. penalty. When at ex pense of county. Limit. Appeal. $118. The commissioners of highways shall file an account of such gates in the town clerk's office; and if any person shall open any such gate, and shall not, immediately after having passed the same, close it, or shall wilfully or unnecessarily ride over any of the grounds, adjoining the road on which such gates shall be permitted, he shall forfeit to the party injured, treble damages. 55 ARTICLE SIXTH. Of the Erection, Repairing, and Preservation of Bridges. 120. Not more than 1000 dollars to be raised in any one year under last section. 124. Treble damages for injuring bridges. $119. Whenever it shall appear to the board of supervisors of any county, that any one of the towns in such county, would be unreasonably burthened, by erecting or repairing any necessary bridge or bridges, in such town, such board of supervisors shall cause such sum of money to be raised and levied upon the county, as will be sufficient to defray the expenses of erecting or repairing such bridge or bridges, or such part of such expenses as they may deem proper; and such monies, when collected, shall be paid to the commissioners of highways of the town, in which the same are to be expended. 56 $ 120. No board of supervisors shall, under the last preceding sec tion, cause any sum exceeding one thousand dollars, to be levied and raised on any county in any one year. 56 $ 121. In case the commissioners of highways of any town, shall be dissatisfied with the determination of the board of supervisors of their county, touching an allowance for any such bridges, such determination shall, on the application of the commissioners, be revised by the court of common pleas of the same county, whose order in the premises shall be observed by every such board of supervisors. 56 (55) 2 R. L. 279, § 30. (56) 2 R. L. 281, § 38. ART. 7. Notice of $122. The commissioners of highways of each town, may put up and maintain in conspicuous places, at each end of any bridge in such town, maintained at the public charge, and the length of whose chord fine, &e. is not less than twenty-five feet, a notice with the following words in large characters, "one dollar fine for riding or driving on this bridge, faster than a walk."57 $123. Whoever shall ride or drive faster than on a walk, over any Penalty. bridge, upon which, such notices shall have been placed, and shall then be, shall forfeit for every offence the sum of one dollar. 57 bridges. $124. Whoever shall injure any bridge maintained at the public Injuries to charge, shall, for every offence, forfeit treble damages. ARTICLE SEVENTH. Miscellaneous Provisions of a General Nature. SEC. 125. When two commissioners may make orders in execution of this Title. 126. Who to have the use of trees on land over which highway is laid out. 127. By whom trees may be planted on side of highway; penalty for injuring. 128. Penalty for destroying, &c. mile-board. 129. Penalty for defacing, &c. description on guide-board. 130. Treble damages for injuring highway. 131. Penalties in this Title, when to be recovered by commissioners. 132. To what places provisions of this Title are to extend. sioners may $ 125. Any two commissioners of highways, of any town, may Two commis make any order, in execution of the powers conferred in this Title; act. provided it shall appear in the order filed by them, that all the commissioners of highways of the town met and deliberated on the subject embraced in such order, or were duly notified to attend a meeting of the commissioners, for the purpose of deliberating thereon.58 whom they $126. All trees standing or lying on any land over which any Trees; to highway shall be laid out, shall be for the proper use of the owner or belong. occupant of such land, except such of them as may be requisite to make or repair the highways or bridges on the same land. 59 planted. $127. Any person owning land adjoining any highway not less Trees may be than three rods wide, may plant or set out trees on the side of such highway contiguous to his land; which trees shall be set in regular rows, at a distance of at least six feet from each other. Who- Penalty for injuring. ever shall cut down, destroy or injure any tree that has been or shall be so planted or set out, shall be liable in damages to the owner of such adjoining land. 59 injuring mile $128. Whoever shall destroy, remove, injure or deface any mile- Penaky for board or mile-stone, erected on any highway, shall forfeit for every boards. offence, the sum of ten dollars; he shall also be deemed guilty of a misdemeanor, and on conviction, shall be fined not exceeding fifty dol (57) Laws of 1827, p. 234, § 2. (58) Laws of 1826, p. 229, §9. (59) 2 R. L. 279, § 28. TITLE 1. lars, or imprisoned not exceeding three months, at the discretion of the court.60 Do. as to guide posts. Injuries to roads. Penalties how rcover ed. Extent of this Title. $ 129. Whoever shall injure or deface any description affixed to a guide-post erected on any highway, or destroy or injure any such guide-post, shall be liable to all the penalties provided in the last preceding section.61 $130. Whoever shall injure any highway, by obstructing or diverting any creek, water-course or sluice, or by drawing logs or timber on the surface of any road or bridge, or by any other act, shall, for every such offence, forfeit treble damages. $131. All penalties or forfeitures given in this Title, and not otherwise specially provided for, shall be recovered by the commissioners of highways of the town, in which the offence shall be committed; and when recovered, shall be applied by them in improving the roads and bridges in such town. $132. The provisions of this Title shall be construed to extend to all parts of the state, except where special provisions inconsistent therewith, have been or shall be made by law, in relation to particular counties, cities, villages or towns, TITLE II. OF THE REGULATION OF FERRIES. SEC. 1. Common pleas to grant licenses to keep ferries. 2. Owner of land through which highway runs to the ferry, first entitled. 3. Any other person applying, to give notice to such owner. 4. Persons applying for license, to enter into recognizance. 5. Licenses to be entered in book of minutes of court. 6. When stream divides two counties, license obtained in either good. 7. Persons violating recognizance, guilty of misdemeanor. 8. Penalty on persons using ferries without license. 9. Offence on waters dividing counties, may be proceeded against in either. 10. This Title not to affect ferries granted by corporation of Albany or Hudson, &c. $1. The court of common pleas in each of the counties of this state, shall grant licenses for keeping ferries in their respective counties, to as many suitable persons as they may think proper; which licenses shall continue in force, for a term to be fixed by the court, not exceeding three years.62 $2. No such license shall be granted to any person, other than the owner of the land, through which the highway adjoining to the ferry shall run, unless such owner shall neglect to apply for such license, after notice as herein after provided.62 S3. Whenever application for a ferry shall be made by any person other than such owner, the court shall not grant a license to such (60) 2 R. L. 280, § 32. (61) Ib. § 34. (62) 2 R. L. 210, § 2. applicant, unless proof shall be made, that the applicant caused notice, TITLE 2. in writing, to be given to such owner, at least eight days before the sitting of the court, of his intention to make such application. ance. $4. Every person applying for such license, shall, before the same Recognizbe granted, enter into a recognizance to the people of this state, in open court, in the sum of one hundred dollars, faithfully to keep and attend such ferry, with such and so many sufficient and safe boats, and so many men to work the same, as shall be deemed necessary, together with sufficient implements for said ferry, during the several hours in each day, and at such several rates as the court granting the license, shall, from time to time, order and direct; which recognizance shall be forthwith filed with the clerk of the county. 63 ed. $5. Every license so granted, shall be entered in the book of To be enterminutes of the court by the clerk; and a copy thereof, attested by him, shall be delivered to the person licensed. 64 certain licen ses. $6. Whenever the waters over which any ferry may be used, shall Effect of divide two counties, a license obtained in either of the said counties, se shall be sufficient to authorise the person obtaining the same, to transport persons, goods, wares and merchandize, to and from either side of said waters. 63 misconduct. $7. Every person who shall violate the condition of such recogniz- Penalty for ance, shall be considered guilty of a misdemeanor; and on conviction, shall be subject to such fine as the court may adjudge, not exceeding twenty-five dollars for each offence; and on proof of such conviction, the court of common pleas shall direct the recognizance entered into by such person, to be estreated for the use of the people of this state. 63 ferrying cense. $8. If any person (except within the counties of Essex and Clin- Penalty for ton, the counties of Orange, Rockland and Westchester, and the coun- without li ties in the first senate district,) shall use any ferry for transporting across any river, stream, or lake, any person, or any goods, chattels or effects, for profit or hire, unless authorised in the manner directed in this Title, such person shall be considered guilty of a misdemeanor; and on conviction, shall be subject to such fine, for the use of the county, as the court may adjudge, not exceeding twenty-five dollars for each offence." 65 $9. Where any such offence shall be committed on waters dividing Proceedings. two counties, the person so offending may be proceeded against in each of said counties; but the fine to be imposed, shall not exceed twelve dollars and fifty cents in each case, 65 S 10. Nothing in this Title contained, shall affect or alter the fer- Limitation ries granted by charter to the corporations of Albany and Hudson, or of this Title. (63) 2 R. L. 210, § 2. (64) Ib §3. (65) Ib. § 1 & 2. |