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Report of commissioners and

out of
any funds, in their hands, or the funds of
either of them, applicable thereto. If there are
not adequate funds, they shall cause the work to
be done on credit, or in part for cash and in part
on credit, according to the exigency of the case;
and they have authority to pledge the credit of
each town for its appropriate share, as far as may
be necessary to that end.

2 Laws of 1857, ch. 639, § 4.

§ 501. The commissioners of each town shall, at levying the the time of their annual report, make a full report

expenses.

Any person may rebuild

or repair

by the commissioners.

of all such proceedings to the town auditors. They shall deliver to the supervisor the copy of the order mentioned in section 498, with an account, under oath, annexed thereto, of what has been done in the premises. The board of supervisors, at their annual meeting, shall levy upon each town, or upon the appropriate town, if they are in different counties, its share of the cost, after deducting the payments actually made by its commissioners; but the amount of such tax and such prior payments shall not exceed the amount specified in the order.

2 Laws of 1857, ch. 639, § 5.

§ 502. When any such bridge is destroyed, or on neglect becomes impassable or unsafe to pass, and the commissioners of the adjoining towns, after reasonable notice, neglect to rebuild or repair it, whatever funds are reasonably laid out in rebuilding or

repairing it, by any person, shall be a charge upon the adjoining towns in their proper proportion. Such person may move in the manner and on the notice provided by section 496, for an order requiring them to reimburse him, and the court or judge may grant the order, specifying the just proportion. The commissioners of each town shall deliver a copy of such order to their supervisor, who shall lay it before his board, and the amount shall be raised as provided in section 501, and paid over to the person entitled.

2 Laws of 1857, ch. 639, § 8.

made under

or 501.

§ 503. Either party, deeming himself aggrieved from orders by the decision of any motion made under sections sections 497 498 or 502, may appeal therefrom to the general term, which have power to affirm, modify or reverse, with or without costs. The appeal shall conform to the practice of that court in appeals to the general term, from an order made at special

term.

2 Laws of 1857, ch. 639, § 6, and last clause of § 7.

to local provisions.

§ 504. The construction of bridges over New- Reference town creek,' and over the creeks between New York and New Rochelle,' is the subject of special

statutes.

1 Laws of 1854, ch. 258; 1853, ch. 2 Laws of 1852, ch. 382.

164; 1852, ch. 276.

Removal of

oncroach. ments.

Notice to occupant.

ARTICLE VIII.

OBSTRUCTIONS AND INJURIES TO HIGHWAYS.

SECTION 505. Removal of encroachments.

506. Notice to occupant.

507. Penalty for neglect.

508. If the encroachment is denied, a jury to be summoned.
509. Trial of the encroachment.

510. Proceedings if an encroachment is found.
511. Proceedings if no encroachment is found.

512. Removal not to be required in the winter.
513. Removal by commissioners.

514. Gates across highways, when allowed.

515. Such gates to be at the occupant's expense.

516. Overseer to file statement of expenses and collect them.

517. Account of the gates and penalty for leaving open.

518. Penalties for injuries to highways.

519. Removal of fallen trees.

520. Penalty for unauthorized felling.

521. Notice on bridges, and penalty for disregarding.
522. Application of penalties.

§ 505. If a highway, duly laid out or erected, is encroached upon by fences, buildings or otherwise, the commissioners may, in their discretion, make an order in writing, and signed, requiring the encroachment to be removed from the highway.

1 R. S., 1050, § 121, first clause.

This provision is extended to include all obstructions.

§ 506. They shall give to the occupant of the land, or, if it be unoccupied, to the owner, if he reside in the town, written notice, to be served on him personally or by leaving it at his residence in his absence, specifying the breadth of the high

way, the place and extent of such encroachment, and requiring him to remove the same within sixty days.

1 R. S., 1050, § 121, second clause, and from § 122.

neglect.

§ 507. Such person shall forfeit fifty cents for Penalty for every day after the expiration of the notice that the encroachment continues unremoved, unless the encroachment is denied, as hereinafter provided.

Ib.. § 122; Laws of 1858, ch. 260.

§ 508. If the occupant or owner, within five days after the notice, answers, in writing,' denying the encroachment, one of the commissioners shall apply to any justice of the peace of the county, who shall issue a precept to any constable of the town, requiring him to summon twelve residents thereof to meet at a time and place specified, which shall be not less than four days from the issuing, to inquire into the premises. The constable shall give at least three days' notice of the time and place to the commissioners and the party denying the encroachment."

Lane v. Cory, 19 Barb., 537;
Laws of 1858, ch. 260.

1 R. S., 1050, § 123.

If the

encroachment is

denied, a

jury to be summoned.

encroach. ment.

§ 509. At the time appointed the jury shall be Trial of the sworn by the justice well and truly to inquire whether any such encroachment has been made, and by whom. Witnesses produced by either party shall be sworn, and the jury shall hear the proofs and allegations submitted.

1 R. S., 1051, § 124.

Proceed

ings if an encroachment is found.

Proceed. ings if no encroachment is found.

Removal

not to be

§ 510. If the jury find an encroachment they shall make and subscribe a certificate stating the particulars of it and by whom made, which shall be filed in the town clerk's office. Within sixty days of the filing the owner or occupant shall remove the encroachment whether made by him or not, under the penalty provided by section 507. He shall also pay the costs of the inquiry, and if they are not paid in ten days the justice shall issue a warrant therefor, as provided in section 448.

1 R. S., 1051, § 125.

§ 511. If the jury find no encroachment they shall so certify; and ascertain and certify the damages sustained in the proceeding by the occupant or owner, which, together with the costs, the commissioners shall pay, and the same shall be a charge in their favor against the town.

1 R. S., 1051, § 126.

§ 512. No person shall be required to remove required in encroachments, except between the first day of

the winter.

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April and the first day of December ensuing,

unless the same obstruct the free passage of the highway.

Ib., § 127. The last clause is new.

§ 513. If a person required under these provisions to remove an encroachment, shall not do so in due time, or if the owner is a non-resident of the town, and there is no occupant, the commis

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