L. 1920, ch. 840. Lights on vehicles §§ 326, 329-a. the several counties, under the provisions of this section, and shall draw his warrant upon the state treasurer in favor of the county treasurer of each county for the total amount to be paid to such county. The board of supervisors of any county shall determine the place where and the manner in which such money shall be expended for the construction and improvement of highways or roads, pursuant to the provisions of sections three hundred and twenty or three hundred and twenty-a of this chapter, or pursuant to any other general or special law authorizing county aid in the construction and improvement of highways or roads within the county other than county highways. Such determination shall be in triplicate signed by the chairman and clerk of the board and be approved by the state highway commission before the same shall take effect. One of such triplicates shall be filed in the office of the board of supervisors, one in the office of the district and county superintendent of highways and one in the office of the state highway commission. Reports of the expenditure of such moneys shall be made as follows: In a county in which highways or roads are constructed or improved, pursuant to sections three hundred and twenty or three hundred and twenty-a of this chapter, reports shall be made by the supervisors in the manner, so far as practicable, provided by section one hundred and seven of this chapter; in a county in which the towns contribute no portion of the cost of construction or improvement of such highways or roads, the county treasurer shall file with the clerk of the board of supervisors a report of all such expenditures, who shall cause the same to be printed in the next issue of the annual proceedings of the board of supervisors, and shall transmit three copies of the journal of the proceedings of the board containing such report to the commission and three copies to the comptroller. (Added by L. 1920, ch. 840, in effect Sept. 1, 1920.) § 326. Term "carriage" defined. Section cited.-Borden's Condensed Milk Co. v. Mosby (1918), 250 Fed. 839. A violation of this section is made a misdemeanor by subdivision 11 of section 1425 of the Penal Law. Di Caprio v. New York Central R. R. Co. (1919), 189 App. Div. 279, 178 N. Y. Supp. 626. § 329-a. Lights on vehicles.-Every vehicle on wheels whether stationary or in motion, while upon any public street, avenue, highway, or bridge, shall have attached thereto a light or lights so placed as to be clearly visible from the front and from the rear from one-half hour after sunset to onehalf hour before sunrise; provided, however, that this section shall not apply to a vehicle designed to be propelled by hand or to a vehicle designed principally for the transportation of hay or straw while loaded with such commodities. Upon the written application and presentation of reasons therefor by the owner of the vehicle, the state commission of highways may in writing, and subject to such requirements as it may elect to impose, VOL. X-55 § 332. Law of the road. L. 1918, ch. 258. but without expense to the applicant, except said vehicle from the provisions of this section for such period of time as the commission may determine. The provisions of this section shall apply to all cities, towns, and villages of the state except the city of New York. Nothing in this section shall be construed to affect the provisions of any existing statute, rule, or regula tion requiring lights on motor vehicles or affecting the obligations of operators or occupants thereof. A person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed ten dollars. (Added by L. 1918, ch. 258.) Omission of lights from wagon; evidence of negligence.—Evidence of a collision occurring more than an hour after sundown between an automobile and an unseen buggy, proceeding without the lights required by the statute, is evidence from which a causal connection may be inferred between the collision and the lack of signals. Where, in an action to recover for the death of plaintiff's intestate, killed in a collision between a wagon in which decedent was riding at night and an automobile, negligence was charged against the driver of the car in that he did not keep to the right of the center of the highway, and negligence against the decedent, who was driving the wagon, in that he was traveling without lights as required by the statute, it was error for the court to charge, at plaintiff's request, that "the fact that the plaintiff's intestate was driving without a light is not negligence in itself." They should have been told not only that the omission of the lights was negligence, but that it was "prima facie evidence of contributory negligence in itself." Martin v. Herzog (1920), 228 N. Y. 164, 126 N. E. 814, affg. 170 App. Div. 614, 163 N. Y. Supp. 189. § 332. Law of the road. When a driver of an automobile takes the wrong side of the road he assumes the risk of his experiment and must use greater care than would be required if he had kept on the right side. Where a collision occurs under such circumstances the presumption is against the driver especially when the collision takes place in the dark. Borden's Condensed Milk Co. v. Mosby (1918), 250 Fed. 839. The provision that vehicles turn to the right of the center does not apply to a street railroad. Campbell v. Richmond Light & R. R. Co. (1918), 181 App. Div. 320, 168 N. Y. Supp. 813. Failure to keep to the right of the center of the highway. Martin v. Herzog (1920), 228 N. Y. 164, 126 N. E. 814, affg. 170 App. Div. 614, 163 N. Y. Supp. 189. L. 1918, ch. 626. State bonds for improvements of highways. § 6-a. HIGHWAYS. Employment of convicts on; Prison L., § 179. (L. 1912, ch. 298, vol. 3, p. 3682.) § 6-a. Unexpended balances; how to be used.-If moneys authorized by this act to be raised and which have been apportioned before the taking effect of this section to a county for use in the construction of state highways cannot be used within such county for that purpose, or if any of such moneys which have been apportioned before the taking effect of this section. to a county for use in the construction of county highways cannot be used within such county for that purpose, under the foregoing provisions of this act and in the manner herein prescribed, the unexpended balances of such moneys apportioned pursuant to section four of this act shall be available, after appropriation by the legislature for use in the discretion of the state commissioner of highways in the construction, reconstruction or widening of state or county highways as defined in the highway law or of such other highways as he may determine to be necessary to connect the system of state highways, county highways or highways improved by federal aid. Such commissioner shall expend within any county having an unexpended balance of moneys originally apportioned to it by section four of this act, for the construction, reconstruction or widening of such highways, one-half of such unexpended balance, and such commissioner may expend within any other county or counties for the same purposes the remainder of such unexpended balance. In the use of such moneys in the construction, reconstruction or widening of any state, county or connecting highway, the county within which such highway is located shall contribute to the total cost thereof in the same manner and to the same extent and in the same proportion as is now provided by article six of the highway law in connection with the improvement of county highways within such county. (Added by L. 1918, ch. 626.) L. 1918, ch. 626, § 2.-This law shall not take effect until it shall at a general election have been submitted to the people and have received a majority of all the votes cast for and against it at such election; and the same shall be submitted to the people of this state at the general election to be held in November, nineteen hundred and eighteen. The ballots to be furnished for the use of the voters upon the submission of this law shall be in the form prescribed by the election law, and the proposition or question to be submitted shall be printed thereon in substantially the following form, namely: "Shall chapter (here insert the number of the chapter) of the laws of nineteen hundred and eighteen, entitled 'An act to amend chapter two hundred and ninety-eight of the laws of nineteen hundred and twelve, authoriz §§ 1, 2, County roads. L. 1918, ch. 295. ing the sale of bonds for the construction and improvement of state and county highways, in relation to providing for the disposition of certain unexpended balances for highway improvement; and to provide for a submission of the same to the people to be voted upon at the general election to be held in the year nineteen hundred and eighteen,' be approved?" 2. County Roads in Certain Counties. § 1. County road system of working highways.-In a county adjacent to a city of the first class or containing a city of the second class, the board of supervisors of such county may, by concurrent vote of at least a majority of the members thereof, by resolution adopt the county road system and at any time and from time to time cause to be designated as county roads such portions of the public highways in such county as they shall deem advisable, outside of the limits of any city of the first or second class in such county, provided that any such public highway so designated as a county road is not a state or county highway, as defined in section three of the highway law, and shall cause such designation and a map of such county road to be filed in the clerk's office of such county; the roads so designated shall, as far as practicable, be leading market roads in such county. (Amended by L. 1911, ch. 254 and L. 1918, ch. 295.) § 2. Construction and maintenance of county roads.-County roads as defined in subdivision three of section three of the highway law and as designated pursuant to this act shall be exclusively under the jurisdiction of the board of supervisors and exempt from the jurisdiction of the highway officers of the several towns, villages and cities in which said county roads are located. The expenses of constructing, maintaining and improving the county roads of such county shall be a county charge. The board of supervisors shall, upon the receipt of the county superintendent's report as provided for by subdivision two-a of section thirty-three of the highway law, consider the estimate in such report. It may by a majority vote of the members thereof approve such estimate or increase or reduce the amount of any of the estimates contained therein. The statement as thus approved, increased or reduced shall be signed in duplicate by a majority of the members of the board, one copy of which shall be filed in the office of the county clerk and the other delivered to the county treasurer. The clerk of the board of supervisors shall make and transmit a copy of such statement to the highway commission and to the county superintendent. The board of supervisors shall thereupon cause the amounts therein to be raised by the issuance of county bonds therefor or to be assessed, levied and collected in such county in the same manner as other county charges, and such amounts shall be expended only for the purpose specified in such statement. The warrant for the collection of such taxes in such county shall direct the payment of the moneys so collected to the county treasurer L. 1920, ch. 123. County roads in villages. § 3-a. to be held by him and paid out for the purpose or purposes specified in such statement, as provided in subdivision two-a of section thirty-three. The construction and maintenance of such county roads shall be under the supervision of the board of supervisors. (Amended by L. 1918, ch. 295.) § 3-a. County roads in villages.-In a county in which the county road system shall have been adopted under the provisions of this act, a county road as defined in subdivision three of section three of the highway law and as designated pursuant to this act may be constructed through a village, unless the street through which it runs has, in the opinion of the board of supervisors, been so improved or paved as to form a continuous and improved highway of sufficient importance as not to warrant its reconstruction, in which case such county road shall be constructed or improved to the place where such paved or improved street begins. Such a county road within a village shall be of the same width and type of construction as the road outside of the village which connects with the street within the village, unless a greater width or different type of construction is desired by the village, in which case the board of trustees of the village shall by resolution petition the board of supervisors to provide the width and type of construction desired. The additional expense caused by the increased width or different type of construction, or both, shall be borne wholly by the village. The board of supervisors, in its discretion, upon receipt of such petition may provide for the width and type of construction described in such petition. Whenever the board of supervisors shall have approved such a village petition, the plans, specifications and estimates of cost, together with an estimate showing the additional cost to be borne by the village, to provide for the greater width or different type of construction, or both, shall be submitted to the board of trustees who, if it approve such plans, specifications and estimate of cost, shall by resolution appropriate the funds necessary to provide for the portion of the cost of construction to be borne by the village. Such funds shall be deposited by the village with the county treasurer and be subject to the draft or requisition of the board of supervisors. The moneys so required shall be raised by tax or from the issue and sale of bonds as provided in the village law. Upon the completion of a highway within a village, where a portion of the cost is borne by the village, the board of supervisors shall transmit to the board of trustees a statement showing the actual cost of the additional width or changed construction, including a proportionate charge for engineering, and shall notify the village clerk that it will approve the work within twenty days from the date of such notice unless protest in writing against the approval shall be filed by such clerk with the board of supervisors. If a protest be filed, the board of supervisors shall hear the same, and if it be sustained the board of supervisors shall delay the approval of |