shal! examine

SECTION 57. The supervisors upon being satisfied Supervisors that the notices required in the preceding section have highway perbeen duly given, proof of which may be shown by af- sonally. fidavit or otherwise as they may require, shall proceed to examine personally such highway, and shall hear any reasons that may be offered for or against laying out, altering or discontinuing the same, and shall decide upon the application as they deem proper.

SECTION 58. Whenever the supervisors shall lay shall cause surout, alter or discontinue any highway, they shall cause vey to be made. an accurate survey thereof to be made when necessary, and they shall make out a description of the highway so laid out, altered or discontinued, and incorporate the same in an order to be signed by them; and shall cause such order to be filed and recorded in the office of the town clerk, who shall note the time of recording the same in the record. Such order together with the Order and aw'rd award of damages hereinafter mentioned, shall be to be filed and made out and filed in the office of the town clerk, within ten days after the day fixed for deciding upon the application for laying out, altering or discontinuing such highway, and in case said supervisors shall fail to file such order and award within the ten days aforesaid, they shall be deemed to have decided against the application.

recorded.

SECTION 59. The order laying out, altering or dis- shall be receivcontinuing any highway or a copy of the record thereof, ed as evidence. duly certified by the town clerk, shall be received in all courts and places as competent evidence of the facts therein contained, and shall be prima facie evidence of regularity of all the proceedings prior to the making of such order.

SECTION 60. The damages sustained by any person How damages to or persons, through whose land any highway shall be be ascertained. laid out or altered, may be ascertained by agreement between the supervisors and such owner or owners; every such agreement shall be reduced to writing and signed by such owner and the supervisors, and filed in the town clerk's office, and every such agreement and every release of damages given, shall forever preclude such owner and all persons claiming under him from all further claim for damages. If there be any owner or owners of lands through which any highways shall be laid out or altered, who shall not agree with the supervisors as to the compensation they shall receive

If owner not satisfied with award, how to proceed.

Person applying shall execute bond.

for the damages sustaind by them, by reason of the laying out or altering of such highway as provided in this section, and who shall not, previous to the making of the order laying out or altering such highway, deliver to said supervisors a written release of all claims for damages sustained by them by reason thereof, said supervisors shall at the time of such order, assess the damages which such owner or owners will sustain by reason of the laying out or altering of such highway through their lands, make an award in writing, specifying therein the sum awarded by them to each of said owners, for their respective damages; and if the owner of any parcel of land through which such highway shall be laid out or altered is unknown, the supervisors shall, in their award of damages, specify the amount of damages awarded by them to the unknown owner or owners of such parcel of land, giving a brief description of such parcel of land in their award; said award shall be signed by said supervisors, and be filed in the office of the town clerk, with the order laying out or altering such highway.

SECTION 61. If any owner of lands through which a highway shall be laid out or altered by the supervisors, shall not be satisfied with the sum awarded for damages by such supervisors, he may within thirty days after the filing of the a ward of damages in the of fice of the town clerk, as provided in the preceding sec tion, apply to a justice of the peace of the same or of an adjoining town, for a jury to assess and appraise such damages. Such application shall be in writing, describing the premises, and any number of persons claiming damages on account of such highway may join in such application. The party appearing shall serve on two of the supervisors of the town in which such highway shall be laid out or altered, at least six days before the time fixed for making such application, a notice in writing, specifying therein the name of the justice to whom, and the time and place when and where such application will be made.

SECTION 62. Any person applying for a jury, as mentioned in the preceding section, shall by himself or agent, execute to the supervisors of the town and file with the justice, a bond with one or more sureties to be approved by such justice, conditioned to pay all costs arising from such appeal and appraisement of damages:

provided, such jury shall not award a larger amount of damages than were awarded by the supervisors of

the town.

drawn and sum

moned.

SECTION 63. Upon the filing of such bond, the jus. How jury to be tice shall make a list of fifteen disinterested freeholders of his town not of kin to the owner or occupant of said lands; each party may object to five on such list, and if none of the supervisors shall be present, the justice shall strike off the five names for the supervisors; and the justice shall thereupon issue a precept to some constable of his town, neither interested nor of kin to any person through whose lands such road is laid, directing him to summon the five persons named in such list, not objected to by the parties, to meet at a time and place to be specified in such precept, to appraise the damages sustained by the laying out or altering of such highway.

SECTION 64. At the time and place appointed for Proceedings by the appearing of such jury, they shall be sworn by the the jury. justice, justly and impartially to make such appraisal, and shall proceed to view such highway and hear the statements and proofs of the parties if they deem necessary, and such jury may increase or diminish the amount awarded by the supervisors; and they shall make return of their appraisal to the justice, which shall be certified by such justice and filed with the town clerk; and if the amount of the appraisal of such jury shall exceed the amount awarded by the supervisors, the costs and expenses shall be paid by the town; but if the jury shall not award more damages than were awarded by the supervisors, the costs and expenses shall be paid by the applicant. And if the jury shall If jury fail to fail to agree, and shall be discharged by the justice in shall make anconsequence thereof, the justice shall immediately proceed to make another list of fifteen freeholders of his town, and not of kin to the owner or occupant of said lands, and the same proceedings shall be had in striking off or objecting to the persons on such list, as is provided by section 63 of this chapter, and the same. precept directed to a constable of the town, shall be issued to [by] such justice and shall be made returnable in the same manner as therein provided; and at the time and place appointed for the appearing of such jury, the same proceedings shall be had as are now required by

agree, justice

other list.

Fees of jurors.

All damages and charges to be audited by town board.

When highway laid upon town sors of each town to act.

section 4 of this chapter, and the acts amendatory

thereof.

SECTION 65. Each person duly summoned, who shall attend as a juror, shall be allowed six cents a mile for each mile necessarily traveled from his place of abode to the place of meeting, and fifty cents for his services on such jury; and the justice shall be entitled to one dollar for his fees.

SECTION 66. All damages consequent upon laying out or altering any highway, as finally settled upon, pursuant to the provisions of this chapter, and all lawful charges against a town for the services of any jury in the assessment of damages, or for fees of any justice or constable provided for in this chapter, or for the services of any commissioners appointed in the manner herein provided, shall be laid before the town board to be audited, and the amount allowed shall on the order of the supervisors, be paid by the town treasurer out of any money in the town treasury not otherwise appropriated. Whenever the damages consequent upon the laying out or altering of the highway as finally settled upon pursuant to the provisions of this chapter, and all lawful charges against the town for the services of a jury in the assessment of damages, or for the fees of any justice or constable provided for in this chapter, or for the services of any commissioners appointed in the manner provided for in this chapter, shall be laid before the town board to be audited, and if the said town board shall neglect or refuse to audit the same, any person aggrieved by such neglect or refusal may commence and prosecute an action in the proper county before any court having jurisdiction of the said town, and the sum claimed against said town, for all sums to which such person shall be entitled for or on account of such damages or fees.

SECTION 67. Whenever it shall be deemed necesline, supervi- sary to lay out a highway upon the line between two towns, such highway shall be laid by the supervisors of each of said towns, either upon said line, or as near thereto as the situation of the ground will admit; and they may vary the same, either to one side or the other of such line, as they may deem necessary.

Shall determine

what part of

SECTION 68. The supervisors of each adjoining highway shall town, upon laying out a highway upon the line between such towns, shall determine what part of such highway

be made by each town.

shall be made and kept in repair by each town, and what share of the damages, if any, shall be paid by each.

SECTION 69. The supervisors of each adjoining Shall proceed town shall proceed in all things as is required of the town. supervisors of one town in laying out highways in such town; and their proceedings or a duplicate thereof, shall be returned to the town clerk of each town; and their order, including the survey, shall be recorded in the town clerk's office; and each town shall have all the rights and be subject to all the liabilities in relation to the part of such highway to be made or repaired by such town, as if the same were wholly located in such town.

SECTION 70. Whenever application shall be made by any freeholder whose land is excluded from the highway, to the supervisors of the town to lay out a private road, the supervisors may lay out such road; and the damages thereof to any owner of the lands through which such road may be laid, shall in like manner, be ascertained and determined; and in case of appeal, the like proceedings shall be had thereon as is provided in this chapter for the laying out and altering of public highways, except that the applicant for such private road shall in all cases, pay the damages and costs arising from the laying out of such road, and maintain at his or her own expense, suitable bars or gates through the inclosure over which said road may be laid.

supervisors may lay out priplication of

vato road on ap

owner of land.

SECTION 71. Every such private road, when so shall be for use laid out, shall be for the use of such applicant, his of applicant. heirs and assigns, but not to be converted to any other purposes than that of a road; nor shall the occupant or owner of the land through which such road shall he laid, be permitted to use the same as a road, unless he shall have signified his intention of so making use of the same to the supervisors, or the jury who ascertained the damages sustained by laying out such road, and before such damages were so ascertained.

them in repair.

SECTION 72. Whenever any person or persons shall shall make apply for and obtain according to law, a private road fences and keep or cartway from his or her dwelling to any public road and through the lands of others, the person or persons for whose benefit and at whose request such private road or cartway was granted, shall immedi