$82. All public highways now in use, heretofore laid out Roads now and allowed by any law of this state, of which a record shall in use. have been made in the office of the clerk of the county or town; and all roads not recorded, which have been used as public highways for twenty years or more preceding the twenty-first day of March seventeen hundred and ninety-seven, and which shall have been worked and used as such for the last six years; shall be deemed public highways, but may be altered in conformity to the provisions of this act.

ARTICLE SIXTH.

Regulations and penalties concerning the obstructions of highways, and encroachments thereon.

$83. If any person shall wantonly damage any road or Penalties. bridge, or fence across any road, or erect or set any gate thereon, or put or leave therein any unnecessary obstructions, without the consent of the commissioners; or if any person shall leave the carcase of any beast, or any broken carriage, in any road for a longer time than may be necessary to remove the same; or set up in or near any road, any thing by which horses are usually affrighted; or shall, by any improper conduct, affright any horse with whom any person is travelling on any road; every such person so offending, shall forfeit and pay the sum of five dollars for each offerce, with costs of suit, to be recovered by the overseer of the district.

to be remov

$84. The overseers of highways shall forthwith remove all Obstructions obstructions in the public roads of their respective districts, ed.; (except fences and buildings;) and every overseer neglecting or refusing to remove such obstructions, after being notified or requested so to do by any justice of the peace or commissioner of the town, shall forfeit and pay the sum of five dollars.

fences

$85. In every case where a highway has been, or shall be Encroachencrcached upon by fences or buildings, the commissioners of mens by highways of the town shall, if in their opinion it be necessary, buildings order the person or persons who shall have erected the same, or the overseer of the district, to remove such fences or buildings, so that such highway may be of the width originally intended. The commissioners making the order, shall cause the same to be reduced to writing, and signed. They shall also give notice in writing to such person or persons, if he or they be the occupants or owners of the land, otherwise to such overseer, to remove such fences or buildings forthwith, if the same shall have been erected within ninety days previous, otherwise within the period of sixty days. Every such order and notice shall specify the width of the said highway, the extent of the encroachment, and the place or places in which the same shall exist; and if such removal shall not be made within the time

Jury to be

case of de

nial.

specified in such notice, the person to whom such notice shall have been given, shall forfeit the sum of fifty cents for each day that such encroachment shall remain after such notice given.

$86. If the occupant or owner of the land shall deny such summoned in encroachment, the commissioners, or some one of them, shall apply to any justice of the peace of the county, for a precept directed to any constable of the town, to summon twelve freeholders thereof to meet at a certain day and place, to be specified in such precept, and not less than four days after the issuing thereof, to inquire into the premises. The constable to whom such precept shall be directed, shall give at least three days' notice to the commissioners of highways of the town, and to the occupant of the land, of the time and place at which such freeholders are to meet.

To inquire

as to such encroachment.

To make

$87. On the day specified in the precept, the justice who issued the same shall draw by lot six of the names of the persons attending, free from all legal exceptions, to serve as a jury, and who shall be sworn by such justice well and truly to inquire whether any such encroachment has been made, and by whom. Such witnesses as may be produced by either party, shall be sworn by the justice; and the said jury shall hear the proofs and allegations which may be produced and submitted.

S88. If the jury find that any encroachment has been made, certificate. they shall make and subscribe a certificate in writing, stating the particulars and time of such encroachment, and by whom made; which shall be filed in the office of the town clerk. The occupant of the land shall remove his fences or buildings, if the same shall have been erected within ninety days, immediately; if otherwise, within sixty days after the filing of such certificate, under the penalty of fifty cents for every day thereafter that such fences or buildings shall remain unmoved. shall, moreover, pay the costs of such inquiry; and if the same shall not be paid within ten days, the justice shall issue a warrant for the collection thereof, in the manner provided in the thirty-second section of this act.

Ib.

Removal of fences.

He

$89. If the jury find that no encroachment has been made, they shall so certify; and shall also ascertain and certify the damages which the then occupant shall have sustained by such proceedings, which, together with the cost thereof, shall be paid by the commissioners, and shall be a charge in their favour against the town by which they shall have been elected.

$90. No person shall be required to remove any fence which shall have stood more than ninety days, under the preceding provisions of this act, during the months of December, January, February and March, any thing herein contained to the contrary thereof notwithstanding.

$91. If any tree shall fall, or be fallen by any person, from Fallen trees. any enclosed land into any highway, any person may give notice to the occupant of the land from which such tree shall have fallen, to remove the same within two days. If such tree shall not be removed within that time, but shall continue in such highway, the occupant of the land shall forfeit the sum of fifty cents for every day thereafter until such tree shall be removed. $92. In case any person shall cut down any tree on land not occupied by him, so that it shall fall into any highway, cutting trees. river or stream, unless by the order and consent of the occupant, the person so offending shall forfeit to such occupant the sum of one dollar for every tree so fallen, and the like sum for every day the same shall remain in such highway, river or

stream.

Penalty for

$93. Where a highway leading to any public landing, mill swinging or meadow, shall run through any person's land, it shall be gates. lawful for such person, with the consent of the commissioners expressed in writing, and filed with the clerk of the town, to hang good easy swinging gates on such highway, and keep the same in repair, at his or her proper cost and charge; but no road leading to or out of any commons or public watering place, shall be obstructed by any gate or otherwise, without the approbation of the inhabitants of such town, or the major part of them; and the gate already standing and allowed, may be continued, altered or removed, as the commissioners shall from time to time direct.

to be filed.

$94. The commissioners of highways shall file an account Account of of such gates in the town clerk's office; and if any person shall open any one of such gates, and shall not, immediately after having passed the same, close it, or shall wilfully and unnecessarily ride over any of the grounds adjoining the road on which such gate shall be permitted, he shall forfeit to the party injured treble damages.

ARTICLE SEVENTH.

raised for

bridges.

Of the erection, repairing and preservation of bridges. $95. Whenever it shall appear to the board of supervisors Money to be of any county, that any one of the towns in such county would erecting and be unreasonably burthened by erecting and repairing any ne- repairing cessary bridge or bridges in such town, such board of supervisors shall cause such sum of money to be raised and levied upon the county, as will be sufficient to defray, the expenses of erecting or repairing such bridge or bridges, or such part of such expenses as they may deem proper and such monies, when collected, shall be paid to the commissioners of highways of the town in which the same are to be expended.

Annual amount.

Penalties.

Two commissioners

may make an order.

Trees,

May be planted in

rows.

Penalty for

$96. No board of supervisors shall, under the last preceding section, cause any sum exceeding five hundred dollars to be levied and raised on any county in any one year.

$97. Whoever shall injure any bridge maintained at the public charge, shall, for every offence, forfeit treble damages. The commissioners of highways of each town shall cause all public bridges to be railed; and all persons whose duty it is to make and maintain bridges across their mill dams, shall rail the same with good and sufficient railings at their own expense, and shall keep the same in repair; and in case of neglect or refusal to erect or to keep in repair such railings, on the order of said commissioners, such persons shall be liable, for every such offence, to a penalty of five dollars, and a further penalty of one dollar for every day such person shall neglect or refuse to erect said railing or repair the same, to be sued for by the commissioners, whose duty it shall be to prosecute for said penalty, in the same manner as other fines directed by this

act.

ARTICLE EIGHTH.

Miscellaneous Provisions.

$98. Any two commissioners of highways of any town, may make any order in execution of the powers conferred in this act; but it shall appear in the order filed by them, that all the commissioners of highways of the town met and deliberated on the subject embraced in such order, or were duly notified to attend a meeting of the commissioners for the purpose of deliberating thereon.

$99. All trees standing or lying on any land over which any highway shall be laid out, shall be for the proper use of the owner or occupant of such land, except such of them as may be requisite to make or repair the highways or bridges on the same land.

$100. Any person owning land adjoining any highway not less than three rods wide, may plant or set out trees on the side of such highway, contiguous to his land; which trees shall be set in regular rows, at a distance of at least six feet from each other, and not more than six feet from the outside of the highway adjoining his land. Whoever shall wilfully cut down, destroy, or injure any tree that has been or shall be so planted or set out, except the owner, shall be liable in treble damages to such owner.

S 101. Whoever shall destroy, remove, injure, or deface any iujuring mile- mile-board or mile-stone erected on any highway, shall forfeit for every offence the sum of ten dollars; he shall also be deemed guilty of a misdemeanor, and on conviction, shall be

stones or

boards.

fined not exceeding fifty dollars, or imprisoned not exceeding three months, at the discretion of the court.

$ 102. Whoever shall injure or deface any description af- Guide posts. fixed to a guide-post erected on any highway, or destroy or injure any such guide-post, shall be liable to all the penalties provided in the last preceding section.

S103. Whoever shall wilfully injure any highway, by oh- Creeks, &c. structing or diverting any creek, water-course or sluice, or by drawing logs of timber on the surface of any road or bridge, or by any other act, shall, for every such offence, forfeit treble damages.

ed.

S104. All penalties or forfeitures given in this act, and not Penalties otherwise specially provided for, shall be recovered by the how recovercommissioners of highways of the town in which the offence shall be committed; and when recovered, shall be applied by them in improving the roads and bridges in such town.

S105. Any overseer of highways may lawfully cut and use Timber. in improving the highways and bridges of said towns, any timber that may be found growing on the highway in any district for which he is overseer, excepting such trees as may be planted out by the owner of said land, (except on the highway leading from the port of Sagg-Harbor to the village of Easthampton;) and all such timber as shall not be so used, shall remain the property of the owner of the land adjoining the said highways.

may enclose

tracts.

$106. The trustees of the freeholders and commonalty of Trustees of the town of Southampton, may, whenever they deem it néces- Southampton sary, enclose within fence the tract of land called Shinecoc certain Plains, at such places as they shall think most proper and convenient: good easy swinging gates shall be kept and maintained upon every public road running through said plains. And whoever shall injure any fence so put up, or leave or fasten open or injure any gate thereon, shall for every such offence forfeit a sum not exceeding twelve dollars and fifty cents, to be recovered with costs before any justice of the peace of said town, one moiety thereof to go to the overseers of the poor of the town, for the use of the poor thereof, and the other moiety to the person who shall sue for and recover the same. And the said trustees may also enclose the beach and meadows called Hog-Neck Beach, by fencing across the same at such places as they shall think proper; putting and maintaining sufficient gates at every place where they may fence across said beach, for travellers, teams and carriages to pass and repass; and if any person shall injure or leave open any of the said gates, or break down the fence adjoining the same, he shall forfeit the sum of five dollars, to be recovered and applied as in the section before mentioned. But nothing contained in this