sed March 19th, 1816, we have divided the said town into the following road districts, to wit: The road leading from the vil lage of Kingston to Twaalfskill, to be No 1: The road leading. from the said village to Kingston landing, to be No. 2: The road leading from John Kendals to Swart's Ferry, No. 3: The road leading from the said village to Joseph Davis's in Flatbush, No. 4: The road from said village to De Myer's Ford, No. 5; And the road leading from the said village to Hurly, No 6IN witness whereof we have hereunto set our hands this 20th day of February, 1816.

A. B.

F. G. Commissioners, &c.
C. D.

66

FORM OF ASSESSMENT LIST.

We the subscribers, commissioners ofhighways of the town of Kingston in the county of Ulster, in pursuance of the act entitled, an act to regulate highways," passed March 19th, 1813, have assessed, and do hereby assess the following persons to work the number of days, in district No. 1, affixed to their respective names, to wit:

Given under our hands this 10th day of March 1816.

town of

to wit: To

County of Overseer of road-district No. 1, in the town of in the county of You are hereby commanded and required to cause the several persons whose names are hereunto annexed to work on the highway in your district the number of days affixed to their respective names, or commute for the same: the one half to be so worked, or commuted for, before the first day of July next: And thereof you are to make due returns to the commissioners of highways of the said town on the second Tuesday next preced

FORM OF RECORD OF A ROAD LAID OUT IN THE DISCRETION OF THE COMMISSIONERS.

We the subscribers, commissioners of highways of the town of Kingston in the county of Ulster, deeming it necessary and proper, have caused actual survey to be made of the premises hereafter particularly described, and have accordingly laid out the same as and for a publi highway, in pursuance of the act entitled, "an act to regulate highways," passed March 19th 1813: which said premises are in and by the said survey described as follows, to wit: Beginning (take in survey as made) And we the said commissioners do hereby authorise the town-clerk of the said town to make a record hereof according to law. In witness whereof we have hereunto set our hands this day of

1816.

A. B.

6. K. Commissioners, &c.
L. D.

We the subscribers, commissioners of highways of the town of Kingston in the county of Ulster, have upon the application of A. B. C. D. E F. &c. &c. twelve respectable freeholders of the sad town, for a road through the premises hereafter described, caused actual survey to be made of the same premises, and have ac ordingly laid out the same as and for a public highway (or private road as the case may be) in pursuance of the act, &c. (as before.)

RECORD ON APPLICATION BY AN INDIVIDUAL FOR A PRIVATE ROAD.

We the subscribers, commissioners of highways of the town of Kingston in the county of Ulster, having upon the application. of James Jackson for a private road in the said town, cansed John Stiles, overseer of highways. district No 1, to summon tweive freeholders of the said town to meet at the premises hereafter described, situated in the said district No. 1, on the 10th day of April instant, at ten o'clock in the forenoon; and it appearing to us the said commissioners that due notice of the said application had been given by the said John Stiles, overseer as aforesaid, to Richard Roe occupant of the said premises; and we the said commissioners, together with the parties and reputable freeholders aforesaid, being then and there so met, viewed the lands through which such road was applied for; and the freeholders aforesaid, to wit: A M. A G. A. F. &c. &c. having certified under oath that a road according to the said application is necessary. Thereupon we the said commissioners, in pursuance of the act entitled, an act to regulate highways, passed March 19. 1813, caused actual survey to be made of the said premises, which are described as follows, to wit: Begin ing (take in survey): And we the said commissioners have ac cordingly laid out the same as and for a private read, for the use of the said James Jackson, his heirs and assigns: not however to be converted to any other use or purpose than that of a road; and we do authorise the town clerk of the said town to enter the same of record according to law

In witness whereof we have hereunto set our hands this 10th day of April 1816.

A. M.

THE OVERSEER OF HIGHWAYS.

OFFICE.

The office of overseer of highways, according to the law of this state, may be defined to consist in the personal exercise of powers and duties subservient to repairing the highways in his town & road district, in obedience to the orders of the commissioners of highways. Although the overseer in the general acts in a capacity subordinate to the commissioner, yet it will be seen that he is in so ne instances invested by statute with similar powers, so far as the same are called into exercise within his district only; for it must be remembered, that the office and duty of the commissioner extends throughout his whole town, while that of the overseer is limited to his district.

It is expressly enjoined on the overseer, that he shall repair and keep in order the highways in the district for which he shall be elected; to warn all persons assessed to work on the highways in his district, to come and work when required so to do by the commissioners, or any of them, to collect all fines and commutation money; and to execute all such orders of the commissioners of the town, as shall be given in conformity to law: And if any overseer shall be employed more days in executing the several duties enjoined on him by the act than he is assessed to work on the highway, he shall be paid for the excess at the rate of one dollar per day, and be allowed to retain the same out of the monies which may come into his hands for fines in conformity to the act, but shall not be permitted to commute for the days he is assessed. And he is to take special care that not less than one half of the days assessed in his road-district shall be worked out before the first day of July in every year.

I

OATH.

do solemnly and sincerely promise and swear (or af firm) that I will in all things to the best of my knowledge and a

bility, well, faithfully and impartially, execute and perform the trust reposed in me as an overseer of highways in the town of in the county of

DUTIES.

How and when to make lists of names of, &c. in his road dis trict. It is the duty of the overseer of highways, to deliver to the clerk of his town within sixteen days after the day of election, a list containing the names of all the inhabitants in his roaddistrict who are by law made liable to work on the highways, to the intent that such clerk shall deliver such list to the commissioners of highways to enable them to make out their assessments. And if the name of any person shall be left out of such list, the same with that of such person as shall move into such town, shall from time to time be added to such list, and the persons be assessed by the commissioners accordingly.

pur

To assess deficiency for a scraper. If after the commissioners of highways have empowered an overseer to procure a good and sufficient iron or steel shod scraper for the use of his road-district according to law, the monies arising from commutations and fines within such district, should be insufficient for the pose, such deficiency shall by such overseer be assessed upon the inhabitants of such district, in the proportion they are respectively assessed to work on the said road; and if any one so assessed, shall neglect or refuse to pay such assessment, the same may be sued for and recovered by the said overseer, with costs of suit, before a justice of the peace of the same county..

When authorized to make a re-assessment. When it shall happen in any county, that a greater quantity of work is required to keep in repair the roads than has been rated on the inhabitants of any of the road-districts in a town by the commissioners at their first. annual meeting, then and in such case it shall be lawful for any overseer of any such district, and he is required by law, to make out another assessment in the same proportion as near as may be, not to exceed one third of the number of days assessed before in the same year.

How to allow for a Team. If an overseer shall require any team, cart, waggon or plough, with a pair of horses or oxen, and a man to manage the same, from any person assessed on the road in his district, and having the same, and who shall not com→ mute for the days he may be assessed, the person furnishing the same, when warned so to do by such overseer, shall be entitled to a credit of three days work for one man, and the fine for neglect or refusal shall be proportionable, that is to say, three times the fine to be imposed for neglect of one person for one day.