Section 133. Location of gates and change thereof... 134. Inspectors, their powers and duties..... 135. Change of route, extensions and branches.. 148. Dissolution of corporation, road to be a highway.. 149. Town must pay for lands not originally a highway.. 150. Highway labor upon line of plank-road or turnpike....... 151. Extension of corporate existence.... Abatement of toll for watering troughs...... have adopted the money system of working highways, by Henry A. Van Alstyne, State Engineeer............ Statement as to public highways and amounts expended thereon.... 427 HIGHWAY MANUAL OF THE STATE OF NEW YORK. CHAPTER I. Commissioners of Highways. § 1. Election and term of office.-Each town is required to elect at each biennial town meeting one, two or three commissioners of highways, (Town Law, § 12). The term of office of such commissioners of highways is two years, (Town Law, § 13). Whenever the time of holding town meetings in any town is changed to general election day, the commissioners elected thereat take office on the first day of January succeeding their election; except that where a town adopts a proposition for the holding of town meetings on general election day as provided in section 43 of the Town Law, the term of office of commissioners elected thereat is for two years from the date of their election. Where a commissioner of highways is elected at a biennial town meeting "held at any time between the first day of February and the first day of May, he shall, in case a board of supervisors thereafter adopts a resolution changing the time of holding such biennial town meetings to the first Tuesday after the first Monday in November, hold office until the first day of January, succeeding the biennial town meeting first held pursuant to such a resolution." (Town Law, § 13). Under this provision a highway commissioner who is elected at a biennial town meeting held in the spring, may, if the board of supervisors adopts a resolution changing the time of holding town meetings from the spring to the fall, continue in his office until the first day of January succeeding the time when his term would have expired except for the adoption of such resolution. Villages constituting separate highway districts.-Section 38 of the Town Law provides that "when any town shall have within its limits an incorporated village, constituting a separate road district, exempt from the supervision and control of the commissioners of highways of the town, and from payment of any tax for the salary or fees of such commissioners, and from the payment of any tax for the opening, erection, maintenance and repair of any highway or bridge of said town, without the limits of said village, no residents of such village shall vote at any biennial or special election in such town for any commissioner of highways for said town, nor for or against any appropriation for the opening, laying out, maintenance, erection and repair of any highway or bridge in said town, without the limits of said village." This section does not apply to a village which constitutes under the law a separate highway district, unless it is also exempt from highway taxes for the general maintenance of highways in the town. is only in special cases that villages are so exempt. Electors in villages incorporated under the general village law may vote for highway commissioners, and are eligible to such offices. Opinion of Attorney General, 1898, p. 104. It § 2. Holding over after expiration of term.-Where a commissioner of highways has duly entered on the duties of his office, he shall, unless the office shall terminate or be abolished, hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified; but after the expiration of such term the office shall be deemed vacant for the purpose of choosing his successor. An officer so holding over for one or more entire terms, shall, for the purpose of choosing his successor, be regarded as having been newly chosen for such terms. An appointment for a term shortened by reason of a predecessor holding over, shall be for the residue of the term only. (Public Officers' Law, § 5). Except for the |