§ 8-2-17-6 — Vacation of ferry; appeals

If any ferry is not faithfully maintained and
operated according to the terms of the recognizance provided for in
section 4 of this chapter, the legislative body on complaint to them
shall cause the proprietor of the ferry to be summoned before the
legislative body to show cause why the ferry shall not be discontinued.
The legislative body shall vacate the ferry or dismiss the complaint,
according to the testimony, and may award costs against the
complainant if such complaint is dismissed, or against the proprietor if
the ferry be vacated. The vacation of the ferry shall not prevent the city
or town, or any interested person, from recovering damages for any
breach of the bond provided for in section 4 of this chapter. The
ferrykeeper or any user of the ferry shall have the right to appeal from
the decision of the legislative body to the circuit court, superior court,
or probate court of the proper county upon filing therein a bond, within
thirty (30) days thereafter, payable to the state, with security to be
approved by the court, and conditioned for the due prosecution of the
appeal, and the payment of all costs if judgment be rendered against the
appellant. Upon appeal, the circuit court, superior court, or probate
court shall have the power to try the question of whether cause for the
discontinuance of the ferry has been established.
Formerly: Acts 1921, c.137, s.6; Acts 1959, c.235, s.6. As
amended by P.L.59-1984, SEC.113; P.L.8-1989, SEC.47; P.L.84-2016,
SEC.37.