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0 chapters · 365 sections in this title.
N.Y. Town Law § 303 Settlement of disputes
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§ 303. Settlement of disputes. If disputes arise between the owners of adjoining lands, concerning the liability of either party to make or maintain any division fence, or the proportion or particular part of the fence to be made or maintained by either of them, such disputes sh…
N.Y. Town Law § 304 Powers of fence viewers
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§ 304. Powers of fence viewers. Witnesses may be examined by the fence viewers on all questions submitted to them; and either of such fence viewers may issue subpoenas for witnesses. A subpoena issued under this section shall be regulated by the civil practice law and rules. Eac…
N.Y. Town Law § 305 Neglect to make or repair division fence
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§ 305. Neglect to make or repair division fence. If any person who is\nliable to contribute to the erection or repair of a division fence shall\nneglect or refuse to make and maintain his proportion of such fence, or\nshall permit the same to be out of repair, he shall be liable…
N.Y. Town Law § 306 Fence destroyed by accident
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§ 306. Fence destroyed by accident. Whenever a division fence shall be injured or destroyed by floods, or other casualty, the person bound to make and repair such fence, or any part thereof, shall make or repair the same, or his just proportion thereof, within ten days after he …
N.Y. Town Law § 307 Damages for insufficient fence
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§ 307. Damages for insufficient fence. Whenever the electors of any town shall have made any rule or regulation prescribing what shall be deemed a sufficient division fence in such town, any person who shall thereafter neglect to keep a fence according to such rule or regulation…
N.Y. Town Law § 308 Damages for omitting to build fence
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§ 308. Damages for omitting to build fence. If any person liable to contribute to the erection or repair of a division fence shall neglect or refuse to make and maintain his proportion of such fence, or shall permit the same to be put out of repair, he shall not be allowed to ha…
N.Y. Town Law § 309 Use of barbed or other wire for division fence
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§ 309. Use of barbed or other wire for division fence. Barbed or other wire may be used in the construction of any division fence, provided, that such fence, be built in the following manner: The fence shall be of at least four strands of wire with the posts and supports of such…
N.Y. Town Law § 31 Powers and duties of town justices; requirements; restriction
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§ 31. Powers and duties of town justices; requirements; restriction. 1. The town justice shall have such jurisdiction in criminal and civil matters and in special proceedings, as is now or may hereafter be conferred by law. Each such justice shall: (a) Keep or cause to be kept t…
N.Y. Town Law § 310 Lien upon strays
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§ 310. Lien upon strays. Whenever any person shall have any strayed horses, cattle, sheep, swine or other beast upon his inclosed land, or shall find any such beast on land owned or occupied by him doing damage, and such beast shall not have come upon such lands from adjoining l…
N.Y. Town Law § 311 Notice of lien to town clerk
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§ 311. Notice of lien to town clerk. If such beasts are not redeemed within five days after coming upon such lands, the person entitled to such lien shall deliver to the town clerk of the town, within which such lands or some part thereof shall be, a written notice subscribed by…
N.Y. Town Law § 312 Impounding strays
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§ 312. Impounding strays. Within six days after such beasts shall have come upon such lands, such owner or occupant may cause them to be put in the nearest pound in the same town, if there be one, there to remain until they be redeemed, sold or reclaimed according to law. If the…
N.Y. Town Law § 313 Notice of strays to owner
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§ 313. Notice of strays to owner. Within thirty days after any such beasts may have come or been found upon any lands, the owner or occupant of the lands shall serve a written notice, either personally or by mail, upon the owner of the beasts, if known, that they are upon his la…
N.Y. Town Law § 314 Charges for notice of strays
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§ 314. Charges for notice of strays. The person delivering the notice to the town clerk shall be entitled to receive therefor, in addition to the fees paid the town clerk, fifteen cents each for all horses, mules, cattle and swine, and five cents for each other beasts described …
N.Y. Town Law § 315 Fees of fence viewers as to strays
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§ 315. Fees of fence viewers as to strays. Each fence viewer shall be entitled to receive ten cents for every mile he shall be obliged to travel from his residence to the place where the beasts are kept, and seventy-five cents for a certificate of the charges as ascertained by t…
N.Y. Town Law § 316 Foreclosure of lien upon strays
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§ 316. Foreclosure of lien upon strays. If the owner of such beasts shall not redeem the same within one month after delivery of the notice to the town clerk, the person delivering the notice may foreclose his lien by action, or by a sale of the beasts, as herein provided. When …
N.Y. Town Law § 317 Notice of sale of strays by fence viewers
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§ 317. Notice of sale of strays by fence viewers. After such one month, a fence viewer of the town, on application of the person delivering the notice, shall give at least ten days' previous notice of the time and place of the sale of such beasts, by advertisement posted in at l…
N.Y. Town Law § 318 Proceeds of sale of strays
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§ 318. Proceeds of sale of strays. Out of the proceeds from such sale, the fence viewer shall retain and pay the sums charged for such notices, fees and costs, together with the sums specified in the certificate for keeping the beasts, and damages done by them; and the like char…
N.Y. Town Law § 319 Notice to owner of strays of fence viewers' meeting
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§ 319. Notice to owner of strays of fence viewers' meeting. When the owner of such beasts is known and resides in the same town where such beasts are kept, five days' notice of the time and place of meetings of the fence viewers to determine the damages done by such beasts, and …
N.Y. Town Law § 32 Powers and duties of town superintendent of highways and deputy superintendent
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§ 32. Powers and duties of town superintendent of highways and deputy superintendent. 1. The town superintendent of highways shall have such powers and shall perform such duties as are or hereafter may be conferred or imposed upon him by law, and such further duties as the town …
N.Y. Town Law § 32-A Entry by town engineer on private lands
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§ 32-a. Entry by town engineer on private lands. The town engineer and any deputy, assistant or employee of the town engineer's office designated by him may enter upon any lands, waters or waterways, public or private, within the town, without hindrance, for the purpose of makin…
N.Y. Town Law § 320 Duties of fence viewers as to strays
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§ 320. Duties of fence viewers as to strays. The fence viewers shall view the premises where damages are claimed to have been done, and they may issue subpoenas, examine witnesses and take any competent evidence of the facts and circumstances necessary to enable them to determin…
N.Y. Town Law § 321 Foreclosure of lien upon strays by action
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§ 321. Foreclosure of lien upon strays by action. When such lien is foreclosed by action, all questions relating to damages, charges, sufficiency of fence, and from where and how such beasts came upon the lands of the person claiming such damages and charges shall be proven upon…
N.Y. Town Law § 322 Surplus money upon sale of strays
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§ 322. Surplus money upon sale of strays. If the owner of the beasts shall not appear and demand the residue of such moneys within one year after the sale he shall be thereafter precluded from recovering any part thereof, and the same shall be paid by the officer making the sale…
N.Y. Town Law § 323 Damages from other personal property
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§ 323. Damages from other personal property. When any person shall be authorized to distrain inanimate goods or chattels doing damage, or whenever any logs, timbers, boards or plank, in rafts or otherwise, or other personal property shall have drifted upon his lands, he shall be…
N.Y. Town Law § 324 Penalty of conversion of floating lumber
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§ 324. Penalty of conversion of floating lumber. Whoever shall convert to his own use, without the consent of the owner thereof, any logs, timber, boards or plank, floating in any of the waters of this state, or lying on the banks or shores of any such waters, or on any island w…
N.Y. Town Law § 325 Application of article
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§ 325. Application of article. The villages and cities of this state shall be considered towns for the purpose of construing provisions of this article relating to strays; and the trustees of the village and the alderpersons, council members or members of the legislative body of…
N.Y. Town Law § 326 Erection and discontinuance of pounds
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§ 326. Erection and discontinuance of pounds. Whenever the electors of any town shall determine at a biennial town election to erect one or more pounds therein, and whenever a pound shall now be erected in any town, the same shall be kept under the care and direction of a pound-…
N.Y. Town Law § 327 Pound-master's fees
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§ 327. Pound-master's fees. The pound-masters shall be allowed the following fees for their services, to wit: For taking into the pound and discharging therefrom every horse, mule and head of cattle, fifteen cents; for every other beast, ten cents.
N.Y. Town Law § 33 Powers and duties of assessors
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§ 33. Powers and duties of assessors. 1. The assessor or assessors shall have such powers and shall perform such duties as are, or hereafter may be, conferred or imposed by law. When required by the town board in a town of the first class, the assessor or assessors shall keep su…
N.Y. Town Law § 34 Powers and duties of town comptroller
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§ 34. Powers and duties of town comptroller. 1. In any town in which the office of town comptroller shall have been established and a town comptroller shall have been appointed and shall have qualified, the powers of the town board of that town with respect to auditing, allowing…
N.Y. Town Law § 340 Laws repealed
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§ 340. Laws repealed. Chapter sixty-three of the laws of nineteen hundred nine, entitled "An act relating to towns, constituting chapter sixty-two of the consolidated laws," and all acts amendatory thereof and supplemental thereto, constituting the town law as heretofore in forc…
N.Y. Town Law § 341 Temporary provisions and saving clause
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§ 341. Temporary provisions and saving clause. 1. If, at the time this section takes effect, a town shall have an assessed valuation of ten million dollars or more as shown by the latest completed assessment-roll thereof, or adjoins a city having a population of three hundred th…
N.Y. Town Law § 342 When to take effect
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§ 342. When to take effect. The provisions of sections one hundred eighty-six and three hundred forty-one of this chapter shall take effect June first, nineteen hundred thirty-three. The provisions of sections one hundred ten to one hundred twenty-one, inclusive, of this chapter…
N.Y. Town Law § 35 Powers and duties of collector
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§ 35. Powers and duties of collector. 1. The collector of taxes shall be subject to the duties and shall have and possess, and shall exercise in the manner and within the time prescribed by law, all the rights, powers, authority, and jurisdiction conferred upon him by law. The c…
N.Y. Town Law § 36 Collection of taxes by town clerk
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§ 36. Collection of taxes by town clerk. 1. In any town of the second class in which the office of tax collector or receiver of taxes exists, the town board thereof may by resolution duly adopted at least one hundred fifty days prior to any biennial town election, determine that…
N.Y. Town Law § 37 Powers and duties of receiver of taxes and assessments
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§ 37. Powers and duties of receiver of taxes and assessments. 1. The receiver of taxes and assessments, if the office be elective, shall hold no other elective public office. Except as otherwise provided in section twenty-five hundred six of the education law, he shall have and …
N.Y. Town Law § 38 Certain offices abolished
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§ 38. Certain offices abolished. 1. Except as otherwise provided by section twenty-five hundred six of the education law, in towns of the first class the offices of collector and of school district collector are abolished from and after the beginning of the term of office of the…
N.Y. Town Law § 39 Powers and duties of constables and town police officers
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§ 39. Powers and duties of constables and town police officers. Constables and town police officers shall have all the power and authority conferred upon constables by the general laws of the state and such additional powers, not inconsistent with law, as shall be conferred upon…
N.Y. Town Law § 40 Powers and duties of fence viewers
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§ 40. Powers and duties of fence viewers. The assessors shall perform all the duties and shall exercise all the powers hereinafter imposed and conferred upon fence viewers. In a town having a sole appointed assessor, the assessor and the members of the town board shall act as fe…
N.Y. Town Law § 41 Additional supervisors in certain towns
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§ 41. Additional supervisors in certain towns. 1. Resolution of town board. Any town having a population of more than one-half the total population of the county in which such town is located, according to the latest federal or state census or enumeration, shall have one additio…
N.Y. Town Law § 41-A Abolition of the additional office of supervisor of the town of Hempstead
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§ 41-a. Abolition of the additional office of supervisor of the town of Hempstead. The additional office of supervisor of the town of Hempstead as created pursuant to the provisions of section forty-one of this chapter is abolished effective at 12:01 a.m. on January first, ninet…
N.Y. Town Law § 41-B In any town in which the office of director of purchasing shall have been established and a director of purchasing shall have been appoin...
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§ 41-b. In any town in which the office of director of purchasing shall have been established and a director of purchasing shall have been appointed and shall have qualified, the director of purchasing shall make all purchases and all contracts for supplies, materials and equipm…
N.Y. Town Law § 42 Deputy supervisor
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§ 42. Deputy supervisor. The town board of any town may at any time establish the office of deputy supervisor. The deputy supervisor shall be appointed by the supervisor to serve at the pleasure of the supervisor, and in case the office of supervisor becomes vacant any deputy su…
N.Y. Town Law § 50 Short title
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§ 50. Short title. This article shall be known and may be cited as the suburban town law. Towns to which this article is applicable shall be known as "suburban towns. "
N.Y. Town Law § 50-A Application
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§ 50-a. Application. 1. The provisions of this article may be made applicable, effective on a January first, after December thirty-first, nineteen hundred sixty-three, to any town which on such January first: (a) Has a population of at least twenty-five thousand, or (b) Has a po…
N.Y. Town Law § 51 General powers of town board
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§ 51. General powers of town board. The town board of a suburban town shall be the legislative, appropriating, governing and policy determining body of the town and shall have and exercise all such powers and duties as are conferred or imposed upon it or are necessarily incident…
N.Y. Town Law § 52 Supervisor
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§ 52. Supervisor. The supervisor shall be the chief executive officer of a suburban town and head of the administrative branch of town government. He shall be responsible for the proper administration of town affairs, law enforcement and the maintenance of peace and order in the…
N.Y. Town Law § 52-A Official newspaper in town of Greenburgh, Westchester county
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§ 52-a. Official newspaper in town of Greenburgh, Westchester county. Notwithstanding any other provision of law to the contrary, the town board of the town of Greenburgh, Westchester county is hereby authorized and empowered to designate as the official newspaper of such town a…
N.Y. Town Law § 53 Departments of town government
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§ 53. Departments of town government. The town board of a suburban town may, by local law, create, modify or discontinue departments of the town government in addition to those otherwise authorized by law and may assign additional functions or duties to offices, departments or a…
N.Y. Town Law § 53-A Department heads
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§ 53-a. Department heads. The town board shall appoint the head of any department of the government of the town established or created in accordance with the provisions of this article. Such department heads shall be principal executive officers of their respective departments a…