burdened by the expense of constructing or maintenance and repair of any bridge, they may in their discretion cause a portion of the aggregate cost or expense to be paid out of the General Road Fund of the county, or out of the General County Fund, or both; or they may levy a special bridge tax therefor, not exceeding one fourth. of one per cent on the taxable property of the county annually, till the amount appropriated in aid is raised and paid.

SEC. 2726. No bridge, the cost of the construction or repair of which will exceed the sum of one hundred dollars, must be constructed or repaired except on order of the Board of Supervisors. When ordered to be constructed or repaired, the contract therefor must be let out to the lowest bidder after reasonable notice given by the Board of Supervisors through the Cnmmissioner of Highways or Road Overseer, by publication at least two weeks in a county newspaper; and if none, then by three posted notices-one at the Court House, one at the point to be bridged, and one at some other neighboring public place; the bids to be sealed, opened, and the contract awarded at the time specified in the notice. The contract and bond to perform it must be entered into to the approval of the Board of Supervisors.

SEC. 2727. If the Road Overseer of one road district, after five days notice from the Overseer of an adjoining district to aid in the repair of a bridge in which each are interested, fails so to aid, the one giving notice may make the necessary repairs and must be allowed a pro rata compensation therefor by the Board of Supervisors out of the Road Fund of the defaulting district.

Stats. 1856, p. 193, Sec. 8.

failing, how bridge' repaired.

SEC. 2728. If the Overseer of any road district charge- Overseers able with the repair of a bridge fails to make the needed repairs after being informed that a bridge is impassable or unsafe, and is requested to make the same by two or more freeholders of the district in which it is situate or the two districts which it unites, the freeholders may represent

If found

necessary.

to be built.

the facts to the Board of Supervisors, who after five days notice to the Overseer must hear the proofs and order the building or repair of such bridge as may be necessary to be done by the Overseers or the freeholders, and by contract if necessary, and must pay therefor from the funds of the district chargeable therewith.

SEC. 2729. Costs of the proceedings under the preceding section may be adjudged against the Overseers or freeholders, whichever may be found at fault, and collected by the party in whose favor it is adjudged by suit. If the Overseer is adjudged to pay costs it may be deducted from his pay as Overseer then or to become due, and for gross neglect of duty in such case the Supervisors may remove him from office.

SEC. 2730.

N. Y. P. C., Sec. 499-modified.

When a bridge, the cost of the construction of which will exceed one hundred dollars, is badly needed, and the Commissioner of Highways or Road Overseer have neither constructed one or represented the facts to the Board of Supervisors, any five or more freeholders of the road districts interested therein may petition the Board of Supervisors for the erection of such needed bridge. The Board must thereupon advertise such application, giving the location and other facts, for two weeks in a newspaper printed in the county; if none, then by posters-one at the proposed location, one at the Court House, and one at some other public place in the county, and notify the Overseer or Commissioner of Highways to attend at a certain time and place to hear the application.

SEC. 2731. On the day fixed to hear the application, the bridge proof of the notice given being made satisfactory, the Board must hear the petition, examine witnesses, and determine whether or not a bridge is necessary as petitioned for; if found to be so, the Board must determine the character of bridge to be constructed, prepare plans and specifications, invite bids, let the contract, and have

the same erected, and provide for the payment therefor as herein provided.

Report of

officers to

bridges.

SEC. 2732. The Commissioner of Highways and Road Overseers must in their official reports give a full account embrace of all bridges of which they have in whole or in part the charge and maintenance, those constructed or repaired, and the cost thereof, the amounts expended thereon, from what source derived, and the present and prospective condition thereof.

annual

meeting for

highway

SEC. 2733. The county is responsible for providing Semiand keeping passable and in good repair bridges on all public highways, and the Supervisors must appoint semi- purposes. annually a special meeting, at which the Commissioner of Highways and Road Overseers, on days set apart for their respective districts, to hear highway and bridge reports and complaints from officers and citizens, when such orders must be made and such action had regarding the same as the public welfare demands.

ARTICLE VIII.

OBSTRUCTIONS AND INJURIES TO HIGHWAYS.

SECTION 2743. Removal of encroachments.

2744. Notice to remove encroachment.

2745. Penalty for neglect.

2746. If encroachment denied, action for nuisance to be
brought.

2747. If encroachment not denied, how removed.

2748. No gate allowed, except where.

2749. Penalty for leaving open gate or riding off the road.

2750. Penalty for obstruction or injury.

2751. Penalty for injuring milestone and guide post.

2752. Removal of fallen trees.

2753. Unauthorized felling of trees.

2754. Notice on bridges, and penalty for disregarding.

2755. Destroying shade or ornamental trees.

2756. Application of penalties.

SEC. 2743. If any highway duly laid out or erected is encroached upon by fences, buildings, or otherwise, the Commissioner of Highways or Road Overseer of the dis

Removal of ments.

encroach

Notice to remove encroachment.

Penalty for neglect.

If oncroachment denied, action for

be brought.

trict may make an order in writing, signed by him, requiring the encroachment to be removed from the highway.

SEC. 2744. Notice must be served on the occupant or owner of the land, or person causing or owning the encroachment, or left at his place of residence if he reside in the county, if not, it must be posted on the encroachment, specifying the breadth of the highway, the place and extent of the encroachment, and requiring him to remove the same within ten days.

SEC. 2745. If the encroachment is not removed or commenced to be removed and diligently prosecuted prior to expiration of the ten days from the service or posting the notice, the one who caused or owns or controls the encroachment forfeits ten dollars for each day the same continues unmoved.

SEC. 2746. If the encroachment is denied, and the owner, occupant, or person controlling the matter or nuisance to thing charged with being an encroachment refuses either to remove or to permit the removal thereof, the Commissioner of Highways or Road Overseer must commence in the proper Court an action to abate the same as a nuisance, and if he recovers judgment he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after notice, as also his costs in such action.

If encroachment

how

removed.

SEC. 2747. If the encroachment is not denied, but is not denied, not removed for five days after the notice is complete, the Commissioner of Highways or Road Overseer may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, as also for each day the same remained after notice was complete the sum of ten dollars in an action for that purpose.

No gate allowed, except

where.

SEC. 2748. No gates must be allowed on any public highway duly laid out, except on highways running through lands subject to overflow to such extent as to

remove the fences. When so allowed they must be erected and maintained at the expense of the owner or occupant at whose request or for whose benefit they were erected. If such expense is not paid, the gate must be removed as an obstruction.

SEC. 2749. Any one who leaves open such gate, or wilfully and unnecessarily rides over ground adjoining the road on which the gate is erected, forfeits to the injured party treble damages.

SEC. 2750. Whoever obstructs or injures any highway or obstructs or diverts any watercourse thereon is liable to a penalty of five dollars for each day such obstruction or injury remains, and must be punished as provided in section five hundred and eighty-eight of the Penal Code. Stats. 1861, p. 397, Sec. 19.

and

SEC. 2751. Whoever removes or injures any mile board Penalty for injuring or milestone or guide post, or any inscription on such, milestone erected on any highway, is liable to a penalty of ten guide post. dollars for every such offence, and punishable as provided in section five hundred and ninety of the Penal Code.

Stats. 1861, p. 397, Sec. 19.

fallen trees.

SEC. 2752. Any person may notify the occupant or Removal of owner of any inclosed land from which a tree or other obstruction has fallen upon any highway to remove such tree or obstruction within five days. If it is not so removed the owner or occupant is liable to a penalty of one dollar for every day thereafter till it is removed and the cost of removal.

Stats. 1861, p. 397, Sec. 19.

SEC. 2753. Whoever cuts down a tree on any land not occupied by him so that it falls into any highway, river, or stream, unless by the occupant's consent, forfeits to such occupant five dollars for every tree so felled and one dollar for every day the same remains in such highway, river, or stream.

SEC. 2754. The Commissioner of Highways and Road

Uuauthorized felling

of trees.