§ 116. Papers to be recorded in the town clerk's office.-The commissioners shall annex to such verdict the application, and their certificate that the road is laid out, and the same shall be filed and recorded in the town clerk's office.

Certificate of highway commissioners.-The certificate of the highway commissioners may be in the following form:

FORM NO. 98.

Certificate of Highway Commissioners Laying Out Private Road. Whereas, L. M. did present to us as commissioners of highways of the town of in the county of a written application to lay out a private road in said town for his use and benefit, hereinafter described; and twelve disinterested freeholders having convened, after due notice to the owners and occupants of the lands through which said road is proposed to be laid, and after viewing said lands and hearing the parties and witnesses produced, certified that said road is necessary and proper, and assessed the damages to be caused thereby, which certificate was dated the ........... .... day of 19...., and duly filed with said application, in the office of the town clerk of said town; and no motion has been made to the county court to confirm, vacate or modify (or as the case may be).

Now, therefore, we, the undersigned, commissioners of highways of said town, pursuant to section 116 of the highway law, do hereby lay out said private road as so applied for and certified to, whereof a survey has been made as follows, (here insert survey bill) and the line of survey is to be the center of the road, which is to be rods in width.

§ 117. Damages to be paid before opening the road.-The damages assessed by the jury shall be paid by the party for whose benefit the road is laid out, before the road is opened or used; but if the jury shall certify that the necessity of such private road was occasioned by the alteration or discontinuance of a public highway, such damages shall be paid by the town, and refunded to the applicant.

§ 118. Fees of officers.-Every juror, in proceedings for a private road, shall be entitled to receive for his services one dollar and fifty cents; and commissioners of highways, their per diem compensation, to be paid by the applicant.

§ 119. Motion to confirm, vacate or modify.-Within thirty days after the decision of the jury shall have been filed in the town clerk's office, the owner or occupant may apply to the county court of the county wherein such private road is situated, for an order confirming, vacating or modifying their decision; and such court may confirm, vacate or modify such decision as it shall deem just and legal. If the decision is vacated, the court may order another hearing of the matter before another jury, and remit the proceeding to the commissioners of highways of the same town for that purpose. such motion is made, the decision of the jury shall be deemed final. The motion shall be brought on, upon the service of papers on the adverse party in the proceeding, according to the usual practice of the court in actions and special proceedings pending therein, and the decision of the county court shall be final, except that a new hearing may be had, as herein provided. If the final decision shall be adverse to the applicant, no other application for the same road shall be made within two years.

If no

Proceedings on motion.-The same proceedings are taken on this motion as are taken in the case of a proceeding to lay out a public highway, and reference may be had to the forms given on pages 000-000 for suggestions as to the forms to be used on this motion.

§ 120. Costs of new hearing.-If upon a new hearing, the damages assessed are increased, the applicant shall pay the costs and expenses thereof, otherwise the owner shall pay the same.

§ 121. For what purpose private road to be used.-Every such private road when so laid out, shall be for the use of such applicant, his heirs and assigns; but not to be converted to any other use or purpose than that of a road; nor shall the occupant or owner of the land through which said road shall be laid out, be permitted to use the same as a road, unless he shall have sig

nified such intention to the jury who assessed the damages for laying out such road, and before such damages were assessed.

§ 122. Highways or roads along division lines.-Whenever a highway or private road shall be laid along the division line between lands of two or more persons, and wholly upon one side of the line, and the land upon both sides is cultivated or improved, the persons owning or occupying the lands adjoining such highway or road, shall be paid for building and maintaining such additional fence as they may be required to build or maintain, by reason of the laying out and opening such highway or road; which damages shall be ascertained and determined in the same manner that other damages are ascertained and determined in the laying out of highways or private roads.

§ 123. Adjournments.-If any accident shall prevent any of the proceedings required by this chapter relating to the laying out, altering or discontinuing of a highway, or the laying out a private road, to be done on the day assigned, the proceedings may be adjourned to some other day, and the commissioner shall publicly announce such adjournment.

ARTICLE V.
Bridges.

Section 130. When bridge is town or county expense.

131. Repealed by county law.

132. Statement of expenses.

133. Supervisors to levy taxes.

134. Joint liabilities of towns, and their joint contracts.

135. Refusal to repair.

136. Proceedings in court.

137. Commissioners to institute proceedings.

138. Their duty.

139. Commissioners to report.

140. Appeals.

141. Power of court on appeal.

142. Refusal to repair bridge.

143. Penalty and notice on bridge.

144. Offense.

145. Iron bridges.

§ 130. When bridge is town or county expense.-The towns of this state, except as otherwise herein provided, shall be liable to pay the expenses for the construction and repair of its public free bridges constructed over streams or other water within their bounds, and their just and equitable share of such expenses when so constructed over streams or other waters upon their boundaries, except between the counties of Westchester and New York; and when such bridges are constructed over streams or other waters forming the boundary line of towns, either in the same or adjoining counties, such towns shall be jointly liable to pay such expenses. When such bridges are constructed over streams or other waters forming the boundary line between a city of the third class and a town, such city and town shall be liable each to pay its just and equitable share of the expenses for the construction, maintenance and repair of such bridges. Except as otherwise provided by law, a city of the third class shall be deemed a town for the purposes of this article. Each of the counties of this state shall also be liable to pay for the construction, care, maintenance, preservation and repair of public bridges, lawfully constructed over streams or other waters forming its boundary line, not less than onesixth part of the expenses of such construction, care, maintenance, preservation and repair. (Amended by L. 1895, chap.

416, and L. 1902, chap. 321.)

The general scope of the section is, first, to declare the general liability of towns as to the construction and repair of public free bridges within its boundaries; second, to declare the liability of towns as between themselves as to bridges constructed upon boundary lines; and, third, to impose a liability upon the county for the construction and maintenance of public bridges over streams or other waters forming its boundary lines.

Liability of county.-Prior to the amendment of the above section in 1895, there was also imposed upon the county a fixed liability based upon the relation between the cost of town bridges and their maintenance, and the taxable value of the

property within the town. The amendment of 1895 eliminated this liability and the county is now only absolutely liable to contribute for the construction and maintenance of bridges over county boundary lines. Under § 63 of the County Law, post, p. 259, a board of supervisors may cause a sum of money not exceeding $2,000 in any one year to be raised by the county to aid a town in the construction and repair of its bridges, where, in its opinion, such town would be unreasonably burdened by the expense thereof. And it is also provided in section 64 of the County Law, post p. 260, that where a bridge is destroyed by the elements, and the cost of re-construction would be too burdensome upon the town, the board of supervisors may provide for the construction and completion of a bridge, and all necessary approaches thereto, at or near the site of the bridge so destroyed.

Powers and duties of commissioners as to bridges.-Highway commissioners, within the limits of their power to bind the town may construct new bridges connecting with existing highways, and such as it is the duty of the town to make and keep in repair. Mather v. Crawford, 36 Barb. 564. The commissioners are not required to build or repair bridges when they have no money in their hands for such purpose. People v. Hudson, 7 Wend. 474, and see cases cited under section 16 of the Highway Law, ante p. 65. But where provision is made for the erection or construction of a bridge, the commissioners of highways are charged with full power in respect thereto. Berlin Iron Bridge Co. v. Wagner, 57 Hun. 346. After a town board has given its consent to the erection or repair of a bridge, its powers and duties in relation thereto are at an end, and it cannot direct its commissioners as to the manner of construction. People ex rel. Groton Bridge Co. v. Town Board, 92 Hun. 585. The power conferred upon a board of supervisors under section 62 of the County Law, post p. 257, as to the location of a bridge, does not deprive the commissioner of his power to contract for the erection of a bridge connecting the ends of the highways which are interrupted by a stream of water. Huggans v. Riley, 125 N. Y. 88.

Powers of board of supervisors.-Originally, and as one of the attributes of state sovereignty, the power to lay out highways and to build bridges connecting them over streams, for the use of the public, and to levy taxes for that purpose, belonged to the state legislature, and, in the exercise of its own discretion, it could delegate the exercise of such power to boards of supervisors. It was therefore formerly held that the board of super