§ 195. County aid for construction, improvement and maintenance of\ntown highways. 1. The board of supervisors of a county may aid a town or\ntowns in the construction or improvement of a town highway or town\nhighways therein, and shall designate the highway or highways which the\ntown or towns are to construct or improve by the aid of the county. Such\ncounty may prepare a map showing the highways to be improved under this\nsection in that county. This section shall not apply to the\nconstruction, improvement or maintenance of any such highway with state\nmoneys, as defined by article six, except provisions hereof which, by\nthat article, are expressly made applicable thereto. No highway or part\nthereof within the county road system established as provided in article\nsix shall be constructed or improved under the provisions of this\nsection, except with the consent of the commissioner of transportation\nand in accordance with a written outline of the work, approved by him,\nshowing the course, width, thickness and type of the proposed road.\n 2. The board may by resolution direct the county superintendent to\nsupervise the preparation of grade and culvert work of a road so\ndesignated by said map for improvement, by the town superintendent of\nthe town in which such improvement shall be made, and upon the county\nsuperintendent's certification that the road is prepared and that the\ntown is equipped with sufficient machinery to properly perform the work,\nsuch machinery to be furnished by the town and used during the road's\nconstruction, the construction of an improved road or town highway may\nproceed under the direction of the county superintendent of highways or\nof a committee known as the highway officials of the county as\nhereinafter provided. The construction work shall be under the charge\nand supervision of a competent person designated by the county\nsuperintendent by and with the advice and consent of the town board and\nthe compensation of such person shall be a town charge. In the event the\nboard of supervisors of any county in which roads are to be constructed\nunder this section shall so determine, the same may be constructed by\nthe county to be paid for by the town and county as herein provided and\nconstructed under the direct personal supervision of the county\nsuperintendent of highways or some person designated by him; and for\nthat purpose such county superintendent of highways, or his nominee,\nshall have power and authority to employ labor and teams, purchase\nnecessary material and do all work necessary for the construction of\nsuch highway. The board of supervisors with the county superintendent of\nhighways shall have power and authority to purchase at the expense of\nthe county any machinery which they may deem necessary to be used in the\nconstruction of such highways.\n 3. The employment of convict labor on roads so constructed shall be\nauthorized and permitted, in the discretion of the commissioner of\ncorrection, upon the requisition of the county superintendent of\nhighways. The board of supervisors of Erie county shall have power, if\nthey deem it proper, to employ convicts, sentenced to be confined in a\npenitentiary situate within the territorial limits of such county and\nliable to be employed at hard labor, upon any highway or work connected\ntherewith within such county, and such board of supervisors shall have\npower to make all necessary appointments, rules and regulations for such\nemployment within such county, including the right to fix a per diem\ncompensation for such employment at a rate not to exceed ten cents.\n 4. A board of supervisors of a county shall decide whether the\ndirection of the work shall be by the county superintendent of highways\nor a committee known as the highway officials of the county. The highway\nofficials of the county under this section shall consist of the county\nsuperintendent, three members of the board, appointed by the chairman.\nThe sup
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