§ 3 Short Title and Definitions implies - a way for public travel; i. e. a public road. L. 1909, ch. 30 The sidewalk is as much a part of the highway as the traveled wagon-way is, and it is under Approach to highway. A private wooden driveway or approach across a ditch bordering an improved county highway and having a span of less than five feet is to be deemed a part of the highway under subdivision 5 of this section. Ferguson v. Lewisboro, (1914) 213 N. Y. 141, 107 N. E. 53. Culverts and bridges as part of highway.-A culvert is not a bridge and the highway commission in improving a highway may construct a culvert as a part thereof having a span of more than five feet, but cannot construct a bridge having a span of more than five feet. Op. Atty. Gen. (1909) 611. Under the original Good Roads Act (L. 1898, ch. 115), it was held that the commission might build bridges over all the waters of the state other than navigable waters, when necessary to the improvement of a highway, regardless § 3. Classification of highways. Highways are hereby divided 1. State highways are those constructed or improved under 2. County highways are those heretofore or hereafter con- structed or improved at the joint expense of state, county and town, or state and county, as provided by law, except those high- ways specified and described in section one hundred and twenty 3. County roads are those designated as such under a general or special law and constructed, improved, maintained and 4. Town highways are those constructed, improved or main- This section came from Highway Law of 1908, ch. 330, § 3. It was L. 1909, ch. 30 Short Title and Definitions §3 State and county highways. The highways classified as "state highways" by this section are enumerated in section 120, and those classified as "county highways" are further defined in section 122. Albany County v. Hooker, (1912) 204 N. Y. 1, 97 N. E. 403, Ann. Cas. 1913C 663. A highway is not a county highway unless it has been selected for state aid. Nassau County v. Luessen, (1910) 69 Misc. 184, 125 N. Y. S. 206. Town highways. - Highways which are referred to in sections 178 and 280 must be classified as town highways. Op. Atty.-Gen. (1909) 635. Cited. This section was cited in Ferguson v. Lewisboro, (1914) 213 N. Y. 141, 107 Ν. Ε. 53. 2 §§ 10, 11 Department of Highways L. 1909, ch. 30 ARTICLE 2 DEPARTMENT OF HIGHWAYS Section 10. Department of highways established. 11. State commission of highways; commissioner of highways. 12. Oath of office; undertaking. 13. Principal office; official seal; stationery. 14. Deputy commissioners, secretary and chief auditor of the department. 15. General powers and duties of the commissioner of highways. 16. Division engineers. 17. Duties of division engineers. 18. Salaries and expenses. 19. Appointment of officers, clerks and employees. 20. Blank forms and town accounts. 21. Examination of accounts and records. 22. Condemnation of bridges. 23. Estimate of cost of maintenance of state and county highways. 24. Rules and regulations for state and county highways. 25. Patented material or article. § 10. Department of highways established. There is hereby established a department, to be known as a department of highways, which shall be constituted as provided in this chapter, and shall have the powers and perform the duties hereinafter prescribed. This section was Highway Law of 1908, ch. 330, § 10. Section 10 of the Highway Law of 1890 is now covered by section 93. Succession to powers of state engineer and surveyor. The state department of highways exercises powers formerly delegated to the state engineer and surveyor. People v. Williams, (1910) 140 App. Div. 723, 125 N. Y. S. 583, affirmed (1911) 203 N. Y. 550 mem.; Op. Atty.-Gen. (1909) 415. So, it succeeded to the powers of the state engineer with reference to closing high. ways in the construction of canal improvements. Op. Atty. Gen. (1909) 415, § 11. State commission of highways; commissioner of highways. The state commission of highways is continued. Such commission shall consist of a single commissioner, to be known L. 1909, ch. 30 Department of Highways § 12 as the commissioner of highways, who shall be the head of the department of highways. Such commissioner shall be appointed by the governor by and with the advice and consent of the senate for a term of five years. He shall devote all of his time to the duties of his office. The governor may remove such commissioner for inefficiency, neglect of duty or misconduct in office. A copy of the charges against him shall be served upon such superintendent and he shall have an opportunity of being publicly heard in person or by counsel in his own defense upon not less than a ten days' notice. If such commissioner shall be removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against such commissioner and his findings thereon, together with a complete record of the proceedings. The commissioner of highways shall receive an annual salary to be fixed by the governor of not exceeding ten thousand dollars. Wherever by the terms of this chapter or other statute, action by the commission is required to be taken by resolution or in any manner by the concurrence of the members *of a majority, such action shall, when the commission consists of a single commissioner, be taken by a formal order of such commissioner entered in the records of the department of highways. This section came from Highway Law of 1908, ch. 330, § 11. It was amended by L. 1911, ch. 646, § 1. By L. 1913, ch. 80, § 2, it was amended to read as given in the text. Section 11 of the Highway Law of 1890 is now covered by section 96. Funds for payment of salaries. The salaries of employees not otherwise provided for are payable out of the funds arising out of the sale of bonds for highway purposes. Op. Atty. Gen. (1911) 656. Cited. This section was cited in Fernald v. Walker, (1914) 148 N. Y. S. 399. § 12. Oath of office; undertaking. The commissioner of highways shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office and execute an undertaking in the sum of twenty-five thousand dollars, to be approved by and filed with the comptroller and renewed as often as the governor may require. Such undertaking shall be to the effect that he will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such commissioner of highways in accordance with law, or in default thereof that the parties executing such * So in original. §§ 13, 14 Department of Highways L. 1909, ch. 30 undertaking will pay all damages, costs and expenses resulting from such default. This section came from Highway Law of 1908, ch. 330, § 12. It was amended by L. 1911, ch. 646, § 1, the amendment making the section apply to the "state superintendent of highways," instead of to the "commissioner of highways." Laws 1913, ch. 80, § 3, amended the section to read as given in the text. Official oaths and undertakings: see PUBLIC OFFICERS LAW, §§ 10, 11. § 13. Principal office; official seal; stationery. The principal office of the department shall be in the city of Albany in rooms provided by the trustees of public buildings. The department shall have an official seal, to be prepared by the secretary of state, as provided by law. The offices of the department shall be supplied with necessary postage, stationery and office furniture and appliances, to be paid for out of moneys appropriated therefor, and it shall have prepared for it by the state, such books and blanks as are required for carrying on the business of the depart ment. This section was Highway Law of 1908, ch. 330, § 13. § 14. Deputy commissioners, secretary and chief auditor of the department. The commissioner of highways shall appoint a secretary and chief auditor of the department and three deputy commissioners. Each of the deputy commissioners shall have had practical experience in actual building, construction and maintenance of highways and be familiar with the operation and effect of state statutes relating to highways and bridges. One of such deputies shall be a practical civil engineer, to be known as the first deputy, and his duties shall relate to the plans, specifications and execution of all contracts pertaining to state and county highways; one of such deputies shall be known as the second deputy, and his duties shall relate to the maintenance of state and county highways; one of such deputies shall be known as the third deputy and his duties shall relate to the repair, improvement and maintenance of town highways and bridges, and county roads and roads and bridges on the Indian reservations. The first deputy shall receive an annual salary of six thousand dollars. The second and third deputies and the secretary shall each receive an annual salary of five thousand dollars. The |