§ 247. Refusal to repair bridges. Whenever any such bridge shall have
been or shall be so out of repair as to render it unsafe for travelers
to pass over the same, or whenever any such bridge shall have fallen
down, or been swept away by a freshet or otherwise, if the town
superintendent of the adjoining town or towns, after reasonable notice
of such condition of the bridge, have neglected or refused, or shall
neglect or refuse to repair or rebuild it, then whatever funds have been
or shall be necessarily or reasonably laid out or expended in repairing
such bridge or in rebuilding the same, by any person or corporation,
shall be a charge on such adjoining town or towns, each being liable for
its just proportion; and the person or corporation who has made such
expenditure, or shall make such expenditures, may apply to the supreme
court, at a special term, for an order requiring such towns severally to
reimburse such expenditures, which application shall be made upon papers
to be served upon the town superintendents of such towns at least eight
days prior thereto; and the court may grant an order requiring each
adjoining town or towns to pay its just proportion of the expenditure,
specifying the same; and the town superintendent of each of such towns
shall forthwith serve a copy of such order upon the supervisor of each
of their towns, who shall present the same to the board of supervisors,
at their next annual meeting. The board of supervisors shall raise the
amount charged upon each town by the order, and cause the same to be
collected and paid to such persons or corporation as incurred the
expenditure. The order shall be appealable.