ditches now exist and run, fails to keep the same opened through his said lands, after a request in writing has been served on him. at least for a period of ten days, then, and in that case, any person whose lands are damaged by said failures shall apply to the fence viewers of the town in which such ditch or ditches run, that are not properly opened, to open such ditch or ditches, and then on such failure said fence viewers shall notify the person complained of requesting him to open said ditches or appoint a fence viewer to represent him, and such person complaining shall appoint a fence viewer to represent him. In the event of the person complained of not opening the ditch or appointing a fence viewer, after a lapse of the said ten days, it shall be lawful for the person complaining to appoint another fence viewer, and those two shall examine the ditches and assess the damages thereof for cleaning the same. In the event of the two not agreeing they shall appoint a third fence viewer and the decision of two shall be binding on all parties concerned, and the expense of said fence viewers and the charges for cleaning said ditches shall be a charge and lien against the premises through which said ditch or ditches run, or such proportion thereof as runs through said land. In event of fence viewers finding against the complainant, the fees of fence viewers and expenses of proceedings shall be a charge against the complainant. The fence viewers in these proceedings shall receive the same compensation as in their other official duties. § 84. Town of Newcastle exempted from the foregoing provisions of this chapter. The town of Newcastle in the county of Westchester is hereby exempted from the provisions of articles two, three, four and five of this chapter, and all proceedings for the drainage of swamps, marshes and other low lands in such town shall be conducted in conformity with the provisions of the revised statutes, part three, chapter eight, title sixteen, as they existed prior to the amendment of chapter eight hundred and eighty-eight of the laws of eighteen hundred and sixty-nine. ARTICLE 6 Drainage of Agricultural Lands Section 90. Use of ditches along or across highways. 91. Fence viewers to determine differences between own- § 90. Use of ditches along or across highways. Whenever any owner of agricultural lands desires to drain the same, or to reclaim and secure for tillage or other farming purposes, any low, marshy or wet lands, by draining the same, the said owner or as many owners of such lands as may join for said purpose under any agreement, contract or writing entered into by them, may, with the consent and under the supervision of the commissioners of highways of any town wherein the said lands are located, lay out and construct the necessary drains or ditches for draining such lands, so as to connect with and flow into the drains, ditches or other water courses along or across any public road or highway, or through or under any sluice, or under any bridge upon any public road, or highway, provided that the draining of any land in such manner shall not endanger any such road or highway, or impede travel thereon on account of overflow. In case any additional quantity of water thus emptied into the highway ditches or other courses for carrying off water be in excess of their usual capacity, the commissioners of highways are hereby authorized to so enlarge or cause to be enlarged, the said highway ditches or other courses that they can receive the waters thus drained into them, without damage, or danger of damage or obstruction to the highway. § 91. Fence viewers to determine differences between owners who have entered into agreement for drainage. In case of any difference or disagreement arising over the laying out and construction of drains or ditches by the owners of adjoining lands, who have previously entered into an agreement for the drainage of any such lands possessed by them, as in section ninety of this chapter mentioned, which agreement shall be in writing, the said owners may make in writing, in which all said owners interested shall unite, an application to the fence viewers of the town wherein the land to be drained is situated, to hear and determine the matters of difference between said owners, upon submission to said fence viewers, in the same manner as they would a matter touching any divisions of lands or farm lines for the building and maintaining of line fences, or any other matter which may now be by law submitted to said fence viewers. And the said fence viewers shall, before making their report, view the premises or lands included within the area of the proposed drainage, and give opportunity to any party interested to be heard. And any agreement made by any of said owners for said submission to the said fence viewers, shall be held and construed to be as legal and binding upon the parties thereto, as any contract or agreement made for any lawful purpose. § 92. Proceedings of fence viewers; disqualification. It shall be the duty of the fence viewers to act when called upon, in the manner and for the purpose herein before provided, and they shall meet and proceed upon any application made as provided, within ten days after receiving the same; and said application shall contain a particular statement of all the matters and things upon which their action is requested, within the meaning of this article, by the parties to said application, but no fence viewer who is an owner of any land or has any personal interest in any matter involved in the proceeding, shall be competent to act; and in case of such disqualification of any said officer, his place may be filled by any justice of the peace of the town who may not be for the same reason disqualified, and whom the persons uniting in the application for such proceeding as provided, may agree upon. § 93. Findings of fence viewers and their compensation. The conclusions and findings of said fence viewers shall be in writing, one copy of which shall be delivered to the applicants in every such proceeding, and one copy shall be filed in the office of the clerk of the town wherein the land proposed to be drained is located. The compensation or fees of said fence viewers in such proceeding, shall be the same as now allowed by law, in the case of establishing and maintaining line fences and shall be paid by the parties making the application herein before mentioned. un § 94. Water directed into natural channel not to be deemed diversion thereof from lands drained. Where any water or drainage has been carried or directed by owners. of lands as in this chapter provided, across, through or der said land to a point of intersection with the natural flow, drainage or outlet of water, upon the surface, along or by the side of - any lands adjoining, but not embraced within the portion or district of land so drained as by this chapter provided, the same shall not be deemed as a diversion of any drainage or flow of water from the lands included within the area so drained. ARTICLE 7 Laws Repealed; When to Take Effect Section 100. Laws repealed. 101. When to take effect. § 100. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 101. When to take effect. This chapter shall take effect immediately. SCHEDULE OF LAWS REPEALED. Revised Statutes.... Part 3, chapter 8, title 16.... . . . . .All. EDUCATION LAW Laws 1909, Chap. 21. AN ACT relating to education, constituting chapter sixteen of the consolidated laws. Became a law February 17, 1909, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER 16 OF THE CONSOLIDATED LAWS EDUCATION LAW Article 1. Short title and definitions (§§ 1, 2). 2. School districts (§§ 20-49). 3. School neighborhoods (§§ 60–62). 4. District meetings (§§ 80-97). 5. School buildings and sites (§§ 110–126). 6. School district officers; general provisions (§§ 140152). 7. District clerk, treasurer, collector (§§ 170-177). 8. Trustees (§§ 190-205). 9. Boards of education (§§ 220-248). 10. Town clerks (§§ 260, 261). 11. Supervisors (§§ 280-285). 12. School commissioners (§§ 300-315). 13. Commissioner of education (§§ 330-341). 14. Appeals or petitions to commissioner of education. (§§ 360-362). 15. Assessment and collection of taxes (§§ 380-410). 16. School district bonds (§ 430). 17. School moneys (§§ 450-462). 18. Trusts for schools; gospel and school lots (§§ 480 488). 19. Fines, penalties, forfeitures and costs (§§ 500–512). 20. Compulsory education (§§ 530-538). 21. Teachers and pupils (S$ 550-568). 22. Text-books (S$ 580-583). 23. Contract system (§§ 600–602). |