§ 241. Proceedings in court. Whenever two or more adjoining towns
which, under the provisions of this chapter shall be liable to make or
maintain any bridge whether in the same or different counties, three
freeholders in either of such towns may, by petition signed by them,
apply to the town board in each of such towns, to build, rebuild or
repair such bridge, and if such town boards refuse to build, rebuild or
repair such bridge within a reasonable time, either for want of funds or
any other cause, such freeholders, upon affidavit and notice of motion,
a copy of which shall be served on the supervisor or town clerk of each
of said towns at least eight days before the hearing, may apply to the
supreme court at a special term thereof, to be held in the judicial
district in which such bridge or any part thereof shall be located, for
an order requiring such town boards to direct the town superintendents
to build, rebuild or repair such bridge, and the court upon such motion
may, in doubtful cases, refer the case to some disinterested person to
ascertain the requisite facts in relation thereto, and to report the
evidence thereof to the court. Upon the coming in of the report, in case
of such reference, or upon or after the hearing of the motion, in case
no reference shall be ordered, the court shall make an order thereon as
the justice of the case shall require. If the motion be granted in whole
or in part, whereby funds shall be needed to carry the order into
effect, such court shall specify the amount of money required for that
purpose, and how much thereof shall be raised in each town.