Supervisors Viewers to be and their duties. recommendation if deemed necessary; and thereafter SEC. 2701. The Board of Supervisors must by order direct, and in obedience thereto the Commissioner of Highways or the Road Overseer must cause a survey of any proposed alteration of an old or opening of a new road, to be made in accordance with the description in the petition, and submit to the Board an estimate of the cost of the change, alteration, or opening, including the purchase of the right of way and his views of the necessity thereof; whereupen the Commissioner of Highways or the Board of Supervisors must appoint three Viewers, who, if necessary, may take to their assistance the County Surveyor, to view, map off, and lay out such alteration or new road. Stats. 1855, p. 193, Sec. 9. SEC. 2702. The Road Viewers must be disinterested appointed, citizens of the county, but not petitioners; they must be sworn to discharge their duties faithfully; must view and lay out the proposed alteration or new road over the most practicable route; notify the owners of land over which it passes of the proposed route; ascertain whether the owners consent thereto, and the amount, if any, they claim or demand for the right of way over the same; estimate the actual damage to any land over which it passes, and the cost of any bridges or grading necessary; the necessity for and public convenience to be subserved by the road, and whether the opening thereof or change therein proposed should be had. Report of Stats. 1861, p. 390, Sec. 5. SEC. 2703. When the review of the proposed alteration or new road is completed the Viewers must report to the Board of Supervisors: 1. The course, termini, length, and cost of construction of the proposed road; 2. The estimate of damage to the owner of any land over which it is proposed to run the road; 3. The names of landowners who consent to give the right of way, and their written consent thereto; 4. The names of landowners who do not consent, and the amount of damage claimed by each; 5. Such other facts bearing upon the subject of importance to be known by the Board of Supervisors. Stats. 1861, p. 390, Sec. 5. SEC. 2704. No report of Viewers must by the Board of Supervisors be approved which, without the consent of the owner and occupant, runs the road: 1. Through an orchard of four years growth; 2. Through a garden or yard four years cultivated; 3. Through buildings or fixtures, or erections for the purposes of residence, trade, or manufacture; 4. Through inclosures necessary for the use or enjoyent of the buildings, fixtures, or erections; or, 5. Through inclosed or improved lands; Unless the Board of Supervisors are satisfied, from peronal examination and observation, or from the sworn statement of at least twelve respectable residents of the road district, that the opening of such road through such premises is an absolute necessity, a great public benefit, or a great convenience to a moiety of the inhabitants of the district. Report approved, not to be when. and how paid, what and on certificate. SEC. 2705. The Viewers must be paid three dollars Viewers each per day for their services out of the Road Fund of Surveyors, the district through which the road passes, and the Surveyor his legal fees for services in running out and mapping the road and making the plat and field notes, which must be filed when required before he receives his compensation; no payments to be made till the services are certified to as necessary and actually performed by the Commissioner of Highways or Road Overseer. Stats. 1861, pp. 391-3, Secs. 5-12. SEC. 2706. The Board of Supervisors, on the coming in of the report, must fix a day for hearing the same, Proceedings of Board in hearing report. Effect of, and pro approval of Viewers' report. must notify the owners of land not consenting to give the right of way of the hearing, by having written notice served on them personally, or on the occupant or agent of the owner, or if neither, by posting notice at the most conspicuous place on the land, or left at the owner's, agent's, or occupant's residence ten days prior to the day fixed for the hearing; and must, on the day fixed or to which it may be postponed or adjourned, hear evidence and proof from all parties interested for and against the proposed alteration or new road, ascertain, and by order declare, the amount of damage awarded to each nonconsenting landowner, and declare the report of the Viewers to be approved or rejected. If the report is rejected the road must not be altered or opened. Stats. 1861, p. 391, Sec. 6. SEC. 2707. If the Board approve the report, and there ceedings on are no non-consenting landowners, the road must by order be declared a public highway, and the Commissioner of Highways or the Road Overseer ordered to open the same to the public. If there are non-consenting landowners the Board must appropriate from the Road Fund of the district, and 'cause the Commissioner or Road Overseer to tender to such non-consenting landowners the award for damages made by the Board. If the awards are all accepted, the road must be declared a public highway, and be opened as before provided. Proceed ings to procure right of way. Stats. 1861, p. 391, Sec. 6. SEC. 2708. If any award of damages is rejected by the landowners, the Board must, by order, direct proceedings to procure the right of way to be instituted by the Commissioner of Highways or District Attorney of the county under and as provided in Title VII, Part III of the Code of Civil Procedure, against all non-accepting landowners, and when thereunder the right of way is procured the road must be declared a public highway and opened as hereinbefore provided. SEC. 2709. In all cases of altering old or laying out new roads the Commissioner of Highways or Road Over how and by whom paid. seer may agree and contract for the right of way when Awards, the amount to be paid therefor does not exceed one hundred dollars. All awards by agreement, ascertainment by the Board, or by the proper Court, must be paid out of the Road Fund of the district on the order of the Board of Supervisors. If the road lies in more than one district the Supervisors must proportionately divide the awards and other costs between them. highways. SEC. 2710. All highways must be at least fifty feet Width of wide except those now existing of a less width. SEC. 2711. Private or by-roads may be opened for the convenience of one or more residents of any road district in the same manner as public roads are opened, whenever the Board of Supervisors may for like cause order the same to be viewed and opened, the person for whose benefit the same is required paying the damages awarded to landowners, and keeping the same in repair. Stats. 1861, p. 392, Sec. 7. SEC. 2712. In all cases where consent to use the right of way for a highway is voluntarily given, purchased, or condemned, and paid for, either an instrument in writing conveying the right of way and incidents thereto, signed and acknowledged by the party making it, or a certified copy of the decree of the Court condemning the same, must be made and filed and recorded in the office of the Recorder of the county, in which the land so conveyed or condemned must be particularly described. SEC. 2713. Whenever highways are laid out to cross railroads, canals, or ditches, on public lands, the owners or corporations using the same must, at their own expense, so prepare their roads, canals, or ditches that the public highway may cross the same without danger or delay; and when the right of way for a public highway is obtained through the judgment of any Court over any railroad, canal, or ditch, no damages must be awarded for the simple right to cross the same. Private roads, how opened. SEC. 2714. When the alteration of an old or the opening of a new road makes it necessary to remove fences on land given, purchased, or condemned by order of a Court for road or highway purposes, notice to remove the fences must be given by the Road Overseer or Commissioner of Highways to the owner, his occupant, or agent, or by posting the same on the fence, and if the same is not done within ten days thereafter or commenced and prosecuted as speedily as possible, the Commissioner of Highways or Road Overseer may cause it to be carefully removed at the expense of the owner and recover of him the cost of such removal, and the fence material may be sold to satisfy the judgment. N. Y. P. C., Sec. 484. Bridges, how main tained, and by whom. ARTICLE VII. ERECTION AND MAINTENANCE OF BRIDGES. SECTION 2724. Bridges, how maintained and by whom. 2725. When aid may be given by county for bridge. 2726. Construction and repair of bridges to be let out by contract. 2727. When one Overseer fails to aid, who may repair bridge. 2728. Overseers failing, how bridge repaired. 2729. Costs of proceedings, how collected. 2730. Construction of bridge petitioned for and notice. 2731. If found necessary, the bridge to be built. 2732. Report of officers to embrace bridges. 2733. Semi-annual meeting for highway purposes. SEC. 2724. All public bridges not otherwise specially provided for are maintained by the road district in which they are situate, the districts which they unite, and the county at large, in the same manner as highways, and under the management and control of the Commissioner of Highways, Road Overseer, and Board of Supervisors, the expense of constructing, maintaining, and repairing the same being primarily payable out of the Road Fund of the district in the hands of the Road Overseer or County Treasurer, and from labor assessments. SEC. 2725. Whenever it appears to the Board of Supervisors that any road district is or would be unreasonably |