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between two towns.

§ 492. Bridges which adjoining towns are liable Bridges to maintain are to be maintained at the joint expense of the towns, without reference to town lines.

1 R. S., 1054, § 147; as amended, Laws of 1857, ch. 383,
§ 1.

tracts for

§ 493. For the purpose of building and main- Joint containing such bridges, the commissioners of such such. towns, or of either one or more, if the others refuse to act, may enter into joint contracts, and the same may be enforced by action against them or their successors, respectively, jointly or severally; and the commissioners of towns so liable may be proceeded against jointly for neglect of duty in references to such bridges.

1 R. S., 1054, § 148; as amended, Laws of 1857, ch. 383,
§ 2.

§ 494. If the commissioners of any such town, Remedy if after written notice from those of another, do adjoining

commissioners of


refuse to

not, in twenty days, give a consent in writing to act.
build or repair such a bridge, those who gave the
notice may build or repair it, and then maintain
an action in their official capacity against the
commissioners neglecting to join, and may recover
against them respectively the amount which their
town would be liable to contribute, with interest
and costs. In such action it shall not be necessary
for the plaintiffs to prove any contract, or that the
defendants or their predecessors had funds of their
town sufficient to build or make the repairs, nor

Commissioners, when per

sonally liable.

shall the contrary be any defense. And the board of supervisors shall levy the amount of any judgment in such action, with interest and costs, upon the town against whose commissioners it was recovered.

1 R. S., 1054, § 149; as amended, Laws of 1857, ch. 384, § 3.

§ 495. The commissioners are not personally liable for such judgment, except where the court certifies that their neglect was willful and malicious, in which case it may be collected against them as against individuals.

1 R. S., 1054, § 150, and Laws of 1857, ch. 384, § 3, last clause.

Motion to compel commissioners to build or repair.

496. When the commissioners of one or more

of such towns refuse to build or repair, the remaining commissioners-or, if all refuse, any three freeholders of either town, who have petitioned, in writing, the commissioners in each town to do so and have been refused-may move in the supreme court, in a judicial district in which such bridge or any part of it is located, either at special term or before a judge at chambers, for an order requiring the commissioners to build, rebuild or repair the bridge. The motion shall be made on affidavit, and eight days' notice, with a copy of the affidavit, shall be served on each of the commissioners.

Laws of 1857, ch. 639, § 1, first clause.


§ 497. The court or judge may, in doubtful Reference cases, before making an order upon the motion, refer it to some disinterested person to ascertain the facts and report the evidence. The referee shall appoint a time and place for taking the evidence, and shall give notice thereof to one of the moving parties and one of the commissioners. He has the powers which are conferred by law upon referees in civil actions. His fees are three dollars a day, to be paid, in the first instance, by the moving party.

Laws of 1857, ch. 639, § 3.

the motion.

§ 498. The court or judge shall make such order Decision of on the motion as is just; if, on its being granted, in whole or in part, funds are needed by the commissioners to carry it into effect, the amount required for the purpose, and the portion of it to be raised in each town, shall be specified in the order.

2 Laws of 1857, ch. 639, § 1, last clause.


§ 499. Costs, as upon a motion, including wit- Costa ness' fees, referees' fees and disbursements, may be granted or refused by the court.

2 Laws of 1857, ch. 639, § 7, first clause.

with the


500. Upon the service of a copy of such order Compliance upon the commissioners of the adjoining towns respectively, they shall forthwith meet and fix on the plan of such bridge or the manner of repairing it, and shall cause it to be built, rebuilt or repaired

Report of commissioners and

out of any funds, in their hands, or the funds of either of them, applicable thereto. If there are not adequate funds, they shall cause the work to be done on credit, or in part for cash and in part on credit, according to the exigency of the case; and they have authority to pledge the credit of each town for its appropriate share, as far as may be necessary to that end.

2 Laws of 1857, ch. 639, § 4.

§ 501. The commissioners of each town shall, at levying the the time of their annual report, make a full report


Any person may rebuild or repair

by the commissioners.

of all such proceedings to the town auditors. They shall deliver to the supervisor the copy of the order mentioned in section 498, with an account, under oath, annexed thereto, of what has been done in the premises. The board of supervisors, at their annual meeting, shall levy upon each town, or upon the appropriate town, if they are in different counties, its share of the cost, after deducting the payments actually made by its commissioners; but the amount of such tax and such prior payments shall not exceed the amount speci

fied in the order.

2 Laws of 1857, ch. 639, § 5.

§ 502. When any such bridge is destroyed, or on neglect becomes impassable or unsafe to pass, and the commissioners of the adjoining towns, after reasonable notice, neglect to rebuild or repair it, whatever funds are reasonably laid out in rebuilding or

repairing it, by any person, shall be a charge upon
the adjoining towns in their proper proportion.
Such person may move in the manner and on the
notice provided by section 496, for an order
requiring them to reimburse him, and the court or
judge may grant the order, specifying the just pro-
portion. The commissioners of each town shall
deliver a copy of such order to their supervisor,
who shall lay it before his board, and the amount
shall be raised as provided in section 501, and
paid over to the
person entitled.

2 Laws of 1857, ch. 639, § 8.

made under

or 501.

§ 503. Either party, deeming himself aggrieved from orders by the decision of any motion made under sections sections 497 498 or 502, may appeal therefrom to the general term, which have power to affirm, modify or reverse, with or without costs. The appeal shall conform to the practice of that court in appeals to the general term, from an order made at special


2 Laws of 1857, ch. 639, § 6, and last clause of § 7.

to local provisions.

§ 504. The construction of bridges over New- Reference town creek,' and over the creeks between New York and New Rochelle,' is the subject of special


1 Laws of 1854, ch. 258; 1853, ch. 164; 1852, ch. 276.

Laws of 1852, ch. 382.

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