Proceedings to Lay Out or Alter Roads. 895. Certificate of Drawing of Jury by Town Clerk. in the county of THE UNDERSIGNED, town clerk of the town of hereby certify that on the day of 18 at my office in said town, the following names of twelve persons were drawn by me from a box containing the names of all such persons, now residents of said town, whose names are on the last list filed in the town clerk's office of said town, of those selected and returned as jurors, pursuant to the provisions of the Revised Statutes, they not being interested in the lands through which passes the road in the town of laid out by the commissioners of highways, nor of kin to any of the persons interested in said lands; the said twelve names being so drawn by me to make a jury to reassess the damages occasioned by the laying out of the said highway-to wit [naming them]. [Signature of] Town Clerk. on the [Date.] COUNTY OF Town of day of town clerk of the town of You are hereby commanded to summon [name all the jurors drawn], out [or as the case may be] the highway certificate of drawing], to meet at the house aforesaid, on the day of next [or, noon of that day, for the purpose above instant], at 18 [Signature of] Justice of the Peace. 897. Verdict of the Jury. COUNTY OF } 88. Town of WE, the undersigned, the jurors drawn, summoned and sworn to reassess the damages for laying out [or as the case may be] the highway [describe the highway], in pursuance of the order of commissioner of highways in and for the town of , bearing date the day of having viewed the premises, and heard the parties, and such witnesses as were offered before us, hereby reassess the damages aforesaid, as follows: To him by reason of the laying out [or as the case may be] the said highway; the sum of, etc. [specifying all the parties to whom damages may be awarded]. IN WITNESS WHEREOF, we have hereunto set our hands, this Proceedings to Lay Out or Alter Roads. 898. Certificate of the Justice. COUNTY OF :} 88. I, G. H., one of the justices of the peace of the said town, do certify that the above is the verdict of the jury summoned by my summons, and drawn and sworn by me to determine and reassess the damages for the laying out [or as the case may be] the highway mentioned in the said verdict. GIVEN [etc., as in Form 896]. to 899. Order Ascertaining and Describing an Old Highway. [As in Form 875 to the*, continuing thus:] it appearing to the said commissioners that the road in said town, used as a highway, leading from has been laid out, but not sufficiently described of record [or, has been used as a public highway for twenty years, but has not been recorded]: IT IS ORDERED by the said commissioners, that the said road be ascertained, described and entered of record; and that the description, courses and distances of said -road be according to a survey which they have caused to be made of the same, as follows: [insert survey], and that the line of said survey be the centre of said road, and said road be of the width of WITNESS [etc., as in Form 875]. rods. 900. Determination on a Subject of Disagreement Between the Commissioners of Two Towns, Relating to a Road Extending Into Both. of AT A JOINT MEETING of the commissioners of highways of the towns and the day of the town of respectively, in the county of 18 , upon the request of the said commissioners for for the purpose of making a determination upon the subject of a disagreement between the said commissioners relative to laying out [or, altering] a road hereinafter described, and extending into both the said towns, the said commissioners hereby determine that the said road be laid out [or, altered] as follows: [here set forth the manner.] WITNESS [etc., as in Form 875]. 901. Order of Commissioners Laying Out a Highway on the Line Between Two Towns. on the AT A JOINT MEETING of the commissioners of highways of the towns of and .respectively, in the county of held at day of 18 for the purpose of laying out a highway upon a line between the said towns, two of the commissioners of each of the said towns being present, IT IS ORDERED and determined by the said commissioners, that a highway be laid out upon the line between the said towns, or as near thereto as the convenience of the ground will admit, according to a survey thereof, which the said commissioners have caused to be made as follows: [insert survey]; and that the said line, as above de Proceedings to Discontinue Roads. scribed, be the centre of the said highway, and that the said highway be of the width of rods. It is further ordered, that the said highway be divided into road districts, as follows: the part from to shall be one of the said road districts, and shall be allotted to the said town of and the part from to shall be the other of the said road districts, and shall be allotted to the said town of WITNESS [etc., as in Form 875]. 902. Application to Discontinue an Old Road. To the Commissioners of Highways of the town of in the county THE UNDERSIGNED, a resident of said town, liable to be assessed for highway labor, hereby applies to you to have the old road in said town [here designate it, giving the termini] discontinued, on the ground of its having become useless and unnecessary. [Date.] [Signature.] 903. Oath of Freeholders, Upon Application for the Discontinuance of a Road.(c) You, and each of you, do swear, that you will well and truly examine and certify in regard to the propriety of the discontinuance of the road for which A. B. has made application. So help you God. on this day of 904. Certificate of Freeholders for the Discontinuance of an Old Road. WE, THE UNDERSIGNED, disinterested freeholders of the town of having met at the 18 pursuant to the summons of the commissioners of highways of said town, in order to examine and certify in regard to the propriety of discontinuing the road described in the annexed application, having been duly sworn, and having viewed said road, certify that the same, in our opinion, is useless and unnecessary. WITNESS [etc., as in Form 882]. 905. Order of Commissioners for Discontinuing a Road. [As in Form 875 to the *, continuing thus:] upon the application of A. B., of said town, for the discontinuance of the road hereinafter described, and on the certificate of twelve disinterested freeholders duly summoned and sworn, who have in due form certified that said road † is useless and unnecessary, and the said commissioners having caused a survey of said road to be made as follows: [here insert the survey]; it is ordered and determined by the said commissioners, that the said road be, and the same hereby is discontinued. IN WITNESS [etc., as in Form 875]. (c) For other forms of oaths and affirmations, see page 248, ante. Appeals. 906. Order Refusing to Discontinue a Road. [As in the preceding form, substituting for the words following the † these words:] is necessary for the accommodation of the public and various persons, living in that part of the town, IT IS ORDERED and determined by the said commissioners that the application to discontinue the said road be refused. 907. Appeal to the County Court. To the county judge of the county of : PLEASE take notice, that considering myself aggrieved by the order of the commissioners of highways for the town of in said county, of which a copy is hereto annexed, I hereby appeal to you therefrom, and ask that referees be appointed, pursuant to the statute, to hear and determine said appeal. This appeal is brought to reverse said order entirely [or as to a specified part], on the ground that [here state the ground of error]. [Date.] A. B., of [Signature.] ], having appealed from the de 908. Appointment of Referees. [and C. D., of termination of the commissioners of highways of Imade on the day of 18, in laying out [or, refusing to lay out; or, altering; or, discontinuing] a highway therein,* particularly described in the notice of appeal, and sixty days having now elapsed since such determination was filed in the office of the town clerk of : Now, THEREFORE, I, M. N., county judge of said county, hereby appoint [here insert names], residents of the town of and disinterested freeholders, who have not been named by any of the parties interested in said appeal, as referees, to hear and determine all the appeals that have been brought in relation to said determination. (d) [Signature and title.] [Date.] 909. Notice By the Referees of the Hearing. N., county judge of : To the commissioners of highways of the town of PLEASE take notice, that the undersigned referees, duly appointed by M. County, to hear and determine an appeal made to the said judge by A. B., of the town of , from the determination of the highway commissioners of made on the day of 18, and filed in the town clerk's office of said town, on the day 18, laying out [or, refusing to lay out; or, altering; or, discontinuing] the road in said order described, will meet at in said town of o'clock in the noon, to hear and determine said appeal. [Date.] on the day of [Address to commissioners and to appellants.] (d) Where several persons separately appeal, there should be but one set of referees, one hearing and one order. Dis 18 at [Signatures.] osway v. Winant, 34 Barb., 578; S. C., 18 Abbotts' Pr., 216. Proceedings to Remove Encroachments. 910. Decision By the Referees Upon the Appeal. [As in Form 908 to the *, continuing thus:] contained in their order of that date, filed in said town clerk's office, a copy of the notice of which appeal is hereto annexed; and the undersigned having been duly appointed by the county judge, referees to hear and determine the said appeal, attended at in the town of on the day of ; 18 at o'clock in the noon, pursuant to notice by us duly given to the several parties, according to the statute; and having heard the proofs and allegations of the several parties, and due deliberation thereon being had, we hereby decide, adjudge and determine, that the said order and determination of the said commissioners be, and the same is in all things reversed * [or, in all things affirmed; or, is reversed in part; or, affirmed in part, as follows: set forth the part reversed]; [and if the road is to be laid out by the referees, add: and we do further order and determine, that the said highway be laid out in accordance with the application of the said A. B., and the same is hereby described as follows: insert description]. WITNESS [etc., as in Form 875]. 911. Notice to Occupant of the Land to Remove His Fences. PLEASE take notice, that the undersigned commissioners of highways of the town of [or, referees appointed by, etc.], having, by an order duly made, and filed with the town clerk, dated the day of ., 18 " laid out [or, altered the course of] a public highway through your inclosed lands, hereby require you to remove your fences from within the bounds of said highway within sixty days after the service of this notice. [Date.] [Signatures of] Commissioners. III. ENCROACHMENTS. 912. Order by the Commissioners To Remove Fences Encroaching On the Highway. to [As in Form 875 to the *, continuing thus:] having ascertained that the public highway in said town, leading from is encroached upon and obstructed on the side thereof, along the lands in the occupation of A. B., by a fence which forms part of the inclosure of said land; and having caused the said highway to be surveyed, and having ascertained the true bound and limit thereof on that side to be upon the following line [here insert the survey of the line over which the encroachment is made], and that the strip of land which lies between the said fence and the line above described is a part of the public highway aforesaid: IT IS ORDERED by the commissioners of highways of said town, that the said fence be removed, so that the highway be open and unobstructed, and of the breadth originally intended, which was rods. WITNESS [etc., as in Form 875]. |