Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1904-07-05
Weeds Along the Highway.
THE DUTY OF ADJACENT LANDOWNERS
UNDER THE LAWS OF NEW YORK-NO
CONFLICT IN THE LAWS.

UNDER THE LAWS OF NEW YORK-NO
CONFLICT IN THE LAWS.
write this to find out your interpre-
tation of the new road law, requiring
the tax to be paid in cash instead of
being worked out by the owners of the
land. The former law required the
weeds to be cut, but the pathmasters
had to see that they were cut, and it was
part of the tax. Now the highway
commissioner claims that after we have
paid our tax in cash we still have to cut
the weeds twice during the summer
along the highways adjoining our farms.
Section 20 of the highway law gives
the general duties of overseerS of the
highway, or, as they are commonly call
ed, pathmasters. Subdivision 3 of said
section in the highway law as originally
passed reads as follows: cause the
nOxiouS weeds within the bounds of the
highway within his district to be cut
down or destroyed twice in each year,
once before the lst day of July and again
before the lst day of September; and the
requisite labor therefore shall be con-
sidered highway work" Section II of
the highway law as amended by chapter
6Sl of the laws of 1899 reads as follows
The overseer of every highway district,
or, If there is no such overseer, the COM
missioner of highways, shall give writ
ten notice to any owner or occupant of
the premises to cut all weeds, briers and
brush growing within the bounds of the
highways. If the owner of such lands
is nonresident, such notice shall be
served personally upon the agent of
such nonresident owner residing in the
town, or if there is no such agent known
TO the commissioner or overSeer of high
ways, such notice shall be sent by mail
to the last known address of such non
resident owner, and copy thereof shall
be filed in the office of the Town Clerk
or the town where the property is Situ-
ated. If such owner or occupant shall
not cut such weeds, briers and bush as
so required within ten days after receiv-
ing such notice, or within ten days after
such notice shall have been served or
filed as herein provided, such overSeer
or commissioner of highways shall do
such work, and make report under
oath TO the supervisor of the town of
the amount expended by him thereon,
ard the ownership and occupancy of the
several parcels of land against which
the labor was performed, on or before
the 1st day of November in each year;
such supervisor shall certify these state
me1ts to the board of supervisors at
their Dext annual meeting, and such
board shall include the amounts includ-
ed in such statements in the taxes
assessed upon the lards upon or against
which the labor was performed, the
same to be collected with the other
taxes ard paid over upon the order of
the supervisor to the parties entitled
thereto.
Section 20 of the same law as amended
by chapter 6Sl of Ithe laws of 1899 re-
quires the owner or occupant to cut all
uOxiouS weeds, briers and bush along
the highways adjacent to the lands cwn-
ed or occupied, between June L. and
July /, and between August 10 and
September l, in each year, under pc 'alty
erein stated. The exact wording OF
section is unnecessary.
: is easily to be seen that there is al
N .an apparent conflict between sec
ii, ii 20 and section II, as the latter part
of section 90 says that such requisite
work shall be considered highway work,
but section 20 compels the owner or oc-
cupaut TO do such work, aud section II
provides for the method of compelling
such owner or occupant to pay for such
work, provided he does not do it him
self ar d ii is done by others.
Ii seems To have been the custom In
many country districts that the path.
master directed the weeds to be cut and
the owner or occupant who did such
| work on his own farm had so much work
| credited on his highway assessment oi
| labor: or the pathmaster may have used
| the labor of the district to cut the weeds
/ briers and bush in his district along the
highway. This would seem to be allow
| able under section 20 of the highway
| law. subdivision of said section, al
though at first sight, apparently, section
| 40 and section II might not allow such
procedure. But had all the labor assess.
| ed in a certain district been worked out
and the weeds, brierS and bush not been
cut. then, under sections 10 and IL, the
pathmaster could compel each owner OF
occupant to cut such weeds, ETC., or, II
such owner or occupant would not do so
have Others do such work, and compel
the owner or occupant to pay for the
same. even though said owner or occu
pant had already worked out all the
labor assessed against him in said dis
trict. The above is intended to explain
under what construction of the law
pathmasters have allowed the work
| done in cutting weeds, ETC., along the
highway to be credited as part of the
highway labor assessed against each in
diyidual. However, chapter 1856 of the
| laws of 1908 amends the highway law
and provides as follows:
In towns where the money system oi
taxation has been adopted for working
highways, it shall be the duty of eacl
owner of lands situated along a high
way to cut the noxious weeds and brush
growing along the sides of the highway
fronting his lands, at least twice in each
wear, once before the first day OF July
and again before the first day of Septem
ber. III the owner or occupant fails to
cut such weeds or brush, as provided in
this section, the commissioner of high
WAYS of the town in which such lands
are situated shall cause the same to bt
done, and shall give such owner notice
in writing, served personally or by mail
ing to his postoffice address, if the com
missioner can, with due diligence, ascer
tain the same, stating that at a specified
time and place the commissioner viii
assess the cost thereof against suci
owner SO neglecting, and return the
same To the town board of his town a
the meeting held on Thursday next pre-
ceding the annual meeting of the Boart
of Supervisors, stating the name of eacl
owner and the amount assessed agains
him. The time so fixed shall not be les'
than eight days after the personal ser
vice or the mailing of such notice. Th'
town board shall certify the amount o
, the assement made by the highway com
missioner to the Board of Supervisors
The Board of Supervisors shall cause tn
, amount so returned to them by the tow
. board to be levied against such delin
! ouent owner and added to his higwa..
tax for the next ensuing year.
, From the above, it would seem tina
] there is no question that in town
adopting the money system of taxation
|. the owners of land must cut the weed
and bush in addition to paying the cas-
| tax assessed against them. Under tn
old system, as has been before shown