§ 241 — Proceedings in court

New York § 241

• Jurisdiction: New York
• Law HAY: Highway
• Art. 9: Bridges

Text

§ 241. Proceedings in court. Whenever two or more adjoining towns\nwhich, under the provisions of this chapter shall be liable to make or\nmaintain any bridge whether in the same or different counties, three\nfreeholders in either of such towns may, by petition signed by them,\napply to the town board in each of such towns, to build, rebuild or\nrepair such bridge, and if such town boards refuse to build, rebuild or\nrepair such bridge within a reasonable time, either for want of funds or\nany other cause, such freeholders, upon affidavit and notice of motion,\na copy of which shall be served on the supervisor or town clerk of each\nof said towns at least eight days before the hearing, may apply to the\nsupreme court at a special term thereof, to be held in the judicial\ndistrict in which such bridge or any part thereof shall be located, for\nan order requiring such town boards to direct the town superintendents\nto build, rebuild or repair such bridge, and the court upon such motion\nmay, in doubtful cases, refer the case to some disinterested person to\nascertain the requisite facts in relation thereto, and to report the\nevidence thereof to the court. Upon the coming in of the report, in case\nof such reference, or upon or after the hearing of the motion, in case\nno reference shall be ordered, the court shall make an order thereon as\nthe justice of the case shall require. If the motion be granted in whole\nor in part, whereby funds shall be needed to carry the order into\neffect, such court shall specify the amount of money required for that\npurpose, and how much thereof shall be raised in each town.\n