§ 309.

Motor cycles.

L. 1916, ch. 72.

2. All fines, penalties or forfeitures collected for violations of any of the provisions of this article or of any act in relation to the use of the public highways by motor cycles now in force or hereafter enacted, under the sentence or judgment of any court, judge, magistrate or other judicial officer having jurisdiction in the premises, whether imposed by statute or local ordinance, rule or regulation, shall be apportioned as follows: Fifty per centum to the state and fifty per centum to the county wherein the violation occurred, unless the same occurred in a county wholly contained within the boundaries of a city, in which case such fifty per centum shall be paid to such city. Such moneys shall be paid over by such court, judge, magistrate or other judicial officer, according to such apportionment, on the first day of each month or within ten days thereafter, as follows: The amount due the state, to the state treasurer, and the amount due to a county or city to the treasurer of the county or chamberlain or other chief fiscal officer of the city. Each such payment shall be accompanied with a statement, setting forth the actions or proceedings in which the moneys so paid were collected, the name and residence of the defendant in each case, the nature of the offense, and the fine, penalty, sentence or judgment imposed. 3. The portion of the fees, fines, penalties and forfeitures paid into the state treasury under this section shall be appropriated and used for the maintenance and repair of the improved roads of the state, under direction of the state commission of highways. The portion of the fees, fines, penalties and forfeitures paid to a county under this section shall be used exclusively for the maintenance and repair of state and county highways within the county and be subject to the draft of the state commission of highways. The portion of such fees, fines, penalties and forfeitures paid to a city wholly containing within its boundaries one or more counties shall be available for the ordinary expenses of such city unless otherwise specially provided by law.

4. On the first day of each month or within ten days thereafter, every judge, magistrate or clerk of a court having jurisdiction of the violation of any of the provisions of this article, shall make and forward to the treasurer of the state, a verified report of all criminal actions or proceedings instituted or tried before him or it during the preceding calendar month for violation of any of the provisions of this article, or of any statute or local ordinance, rule or regulation, which report shall set forth the name and address of the defendants, the nature of the offenses and the fines or penalties collected or imposed by such court, judge, magistrate or judicial officer, which report shall be open to inspection during reasonable business hours to any citizen of the state. On or before the first day of February of each year, the treasurer shall transmit to each branch of the legislature a statement showing the amount of receipts under this article during the preceding fiscal year paid into the state treasury. (Added by L. 1916, ch. 72, in effect Apr. 1, 1916.)

L. 1916, ch. 458.

County system of roads.

§§ 310, 320a.

§ 310. Acts repealed.-All acts or parts of acts inconsistent with this article or contrary thereto are hereby expressly repealed. 1916, ch. 72, in effect Apr. 1, 1916.)

(Added by L.

§ 320-a. County system of roads.-The board of supervisors of a county. may provide for the construction or improvement of a highway or section thereof, in one or more towns of the county at the joint expense of the county and town or towns, and may prepare a map of a definite system of county roads for the county for such improvement.

The board may by resolution direct the county superintendent to supervise the preparation of grade and culvert work of a road, so designated by said map for improvement, by the town superintendent of the town in which such improvement shall be made, and, upon the completion thereof by the town, and the county superintendent's certification that the road is so prepared and that the town is equipped with sufficient machinery to properly perform the work, such machinery to be furnished by the town and used during the road's construction, the board may, by resolution order the construction of an improved road under the direction of a committee known as the highway officials of the county as hereinafter provided. The construction work shall be under the charge and supervision of the town superintendent of the town in which the work is being done. If for any cause the town superintendent is incapacitated or in the opinion of the County superintendent is incompetent to properly take charge of the work, Some competent person shall be designated by the county superintendent by and with the advice and consent of the town board and the compensation of the town superintendent or person in charge shall be a town charge. The employment of convict labor on roads so constructed shall be authorized and permitted, in the discretion of the superintendent of state prisons, upon the requisition of the county superintendent of highways. The board of supervisors of Erie county shall have power, if they deem it proper, to employ convicts, sentenced to be confined in a penitentiary situate within the territorial limits of such county and liable to be employed at hard labor, upon any highway or work connected therewith within such county, and such board of supervisors shall have power to make all necessary appointments, rules and regulations for such employment within such county, including the right to fix a per diem compensation for such employment at a rate not to exceed ten cents.

The highway officials of the county under this section shall consist of the county superintendent, three members of the board, appointed by the chairman. The supervisor of the town in which a road is being improved shall be a member of the said committee on all questions involving the work in the town of which he is the supervisor.

Unless the advice and direction of the highway officials shall be followed in the prosecution of the work, no liability there for shall accrue to the county for its share of the cost of work.

Upon ordering the construction of an improved road under this section,

§ 320a.

County system of roads.

L. 1916, ch. 458. the board of supervisors shall, by resolution, determine the amount to be credited to a town or towns on account of preliminary grading and culvert work, estimate the amount to be credited to such town or towns for the expense of providing machinery and estimate the additional amount needed to complete such improvement and determine the proportions thereof to be borne by the county and town or towns respectively. The part, if any, of such additional amount to be borne by a town, as shown by such determination, shall be a town charge, and the residue shall be a county charge. The amounts to be borne by either shall be provided for by tax, to be levied upon the taxable property of the county or town, as the case may be, and collected in the same manner as for other town and county charges, respectively, and shall be paid into the county treasury. The board of supervisors may, in its discretion, appropriate and make immediately available from county funds either the whole of the moneys to complete the construction of such road or the part thereof to be provided by the county. If it shall determine that sufficient moneys are not available to pay the amount appropriated, or a specified part thereof, after defraying other county expenses, it may direct the county treasurer to borrow the same, in anticipation of taxes or of the proceeds of bonds to be issued as hereinafter provided, and to pledge the faith and credit of the county for the payment of the amount when due, with interest, and issue temporary certificates of indebtedness therefor. The board may, by resolution, authorize the issuance and sale of bonds of the county for the amount appropriated or for any part thereof, which may be the whole of such additional amount needed for the completion of such improvement or the county's share thereof or a part of such share. The proceeds of such bonds shall be paid into the county treasury and applied to the cost of such improvement or to the payment and redemption of certificates of indebtedness, if any, issued as above provided. Upon petition of the town board of a town in which any part of the improved road is located, the board of supervisors may by resolution authorize the town to borrow a sufficient sum, to be specified in the resolution, for paying its share of such improvement, not exceeding the estimate above provided for of the town's share of the additional amount needed for completing an improvement which shall have been ordered by the board of supervisors. Town bonds may be issued and sold by the supervisor, in the name of the town, for the amount so authorized. The proceeds thereof shall be paid into the county treasury and be part of a fund to be applied to the cost of such improvement within the town or to the payment and redemption of county bonds, if any, issued to pay the share of such town. Upon like petition of a town board, before an improvement is ordered, the board of supervisors may authorize the issue and sale in like manner of town bonds to provide moneys to be disbursed by the town under this section for the preliminary grading and culvert work. County or town bonds issued under the foregoing provisions shall be payable not more than thirty years from their date and shall be

L. 1916, ch. 147.

Trees; to whom they belong.

§§ 332, 333.

sold for not less than par. The board of supervisors shall, from time to time, impose upon the taxable property of the county a tax sufficient to pay at maturity any such county bonds, and interest, and upon the taxable property of any town a tax sufficient to pay at maturity any such bonds of the town, and interest. Payments from time to time by the county treasurer of moneys provided for under this section shall be made for the prosecution of such work upon the certificate of the district or county superintendent countersigned by the chairman of the highway officials committee. Said orders shall be drawn to the order of the supervisors of the respective towns where roads are being constructed to be disbursed by them, upon the orders of the town superintendent or person designated in his stead, in the same manner as highway disbursements are now made and provided for, under the town highway bureau of the highway department. Such highways, when completed and accepted by the board of supervisors, shall be thereafter repaired and maintained at the sole expense of the towns in which they are located, unless the board of supervisors shall apportion a share of the expense thereof upon the county. (Added by L. 1914, ch. 61, and amended by L. 1915, ch. 556, and L. 1916, ch. 458, in effect May 9, 1916.)

§ 332. Law of the road.

Driving on the left side of a highway is not a nuisance under section 1530 of the Penal Law, nor is it a misdemeanor within the meaning of section 43 of the Penal Law which involves a wrongful purpose. People v. Martinitis (1915), 168 App. Div. 446, 153 N. Y. Supp. 791.

Subd. 3.-Mallory v. Haynes (1915), 170 App. Div. 587, 588, 156 N. Y. Supp. 318.

§ 333. Trees; to whom they belong.-All trees standing or lying on land within the bounds of any highway, shall be for the proper use of the owner or occupant of such land, except that they may be required to repair the highway or bridges of the town. Where a right of way has been or shall be acquired, under the provisions of this chapter, for a state or county highway, the owner of the fee shall have and may harvest for his own use the fruit upon all fruit-bearing trees left standing from time to time within the right of way so acquired, until forbidden in writing by the governing board of the political subdivisions in which the title to such right of way (Amended by L. 1916, ch. 147, in effect Apr. 6, 1916.)

vests.

Code Civ. Pro. § 2342.

Accounts of committees.

L. 1916, ch. 535.

INCOMPETENTS.

Code of Civil Procedure.

§ 2342. Idem; may be compelled to file the same, or render an additional account, et cetera.-In the month of February of each year, the presiding judge of the court by which the committee of the property was appointed, or if he was appointed by the supreme court, the county judge of the county where the order appointing him is entered, must examine, or cause to be examined, under his direction, all accounts and inventories filed by committees of the person and property, since the first day of February of the preceding year. If it appears, upon the examination, that a committee, appointed as prescribed in this title, has omitted to file his annual inventory or accounting, or the affidavit relating thereto, as prescribed in the last section, or if the judge is of the opinion that the interests of the person, with respect to whom the committee was appoined, requires that he should render a more full or satisfactory inventory or account, the judge must make an order requiring the committee to supply the deficiency, and also, in his discretion, personally to pay the expense of serving the order upon him. An order so made may be entered and enforced, and the failure to obey it may be punished, as if it were made by the court. Where the committee fails to comply with the order, within three months after it is made, or, where the judge has reason to believe that sufficient cause exists for the removal of the committee, the judge may, in his discretion, appoint a fit person special guardian of the incompetent person, with respect to whom the committee was appointed, for the purpose of filing a petition in his behalf for the removal of the committee and prosecuting the necessary proceedings for that purpose The committee may be compelled in the discretion of the court to pay personally the costs of the proceedings so instituted. Where the examination of the accounts and inventories of committees of incompetent persons provided for herein is made pursuant to the order or direction of a county judge, the expense of such examination as allowed by the county judge directing the examination shall be payable by the county treasurer of the county out of any court funds in his hands upon the order of the county judge directing such examination. The committee of the property of an incompetent person appointed as prescribed in this title, may apply to the court making the appointment, for an order to permit him to render to such court an intermediate judicial account of all his proceedings affecting the property of the incompetent person to the date of the filing thereof. And the court upon examination may, in its discretion, make an order directing that such account be filed with the clerk of the court where the application is made, on or before the date determined by the order.