Page images



SECTION 487. Bridges across canals.

488, 489. Bridges to be railed.

490. When the expense of a bridge may be levied on the county.
491. Allowance may be reviewed by the sessions.

492. Bridges between two towns.

493. Joint contracts for such.

494. Remedy if commissioners of adjoining towns refuse to act.

495. Commissioners, when personally liable.

496. Motion to compel commissioners to build or repair.

497. Reference thereon.

498. Decision of the motion.

499. Costs thereon.

500. Compliance with the order.

501. Report of commissioners and levying the expenses.

502. Any person may rebuild or repair on neglect by the com


503. Appeal from orders made under sections 497 or 501.
504. Reference to local provisions.

across canals.

§ 487. In all cases where a highway, laid out Bridges by legal authority, lies in such a direction as to cross the line of any canal of this state which was constructed before the highway was laid out, worked and used, the construction and maintenance of any bridge required for the crossing is to be, like other highway bridges, under the charge of the officers and at the expense of the proper town or towns, but the construction is to be subject to the provisions of law relative to the canals of the state.

1 R. S., 514, §§ 269, 270.

be railed.

§ 488. All public bridges must be constructed Bridges to with a sufficient railing on each side.

Laws of 1830, ch. 56, § 97.

Bridges to

be railed.

When the expense of a bridge may be

levied on

§ 489. All persons whose duty it is to make and maintain bridges across their mill-dams shall provide them with sufficient railings, and keep the same in repair; and in case of neglect to erect or to keep in repair such railings, on the order of a commissioner, they shall be liable, for every offense, to a penalty of five dollars, and a further penalty of one dollar for every day such neglect is continued.

Laws of 1830, ch. 56, § 97.

§ 490. All public bridges, except such as are otherwise provided for by statute, are maintained

the county. by the town in the same manner as the other highways.' But where it appears to the supervisors of any county that a town therein would be unreasonably burdened by the expense, they may, in their discretion, cause a part or the whole thereof -but not exceeding one thousand dollars in any one year, and, in the counties of Kings, Queens and Suffolk, not exceeding five hundred dollars in any one year to be levied on the county."

Allowance may be reviewed by the sessions.

[ocr errors]

Hill v. Supervisors of Livingston, 2 Kern., 52.
1 R. S., 1053, § 140; Laws of 1830, ch. 56, § 96.

§ 491. If the commissioners of any town are dissatisfied with such allowance, the court of sessions of the county shall, upon their application, review the same, and their order in the premises shall be binding upon the supervisors.

Ib., § 141.

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 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

not, in twenty days, give a consent in writing to 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 of

town refuse to

[ocr errors]


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- Costs 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 order.

§ 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

« PreviousContinue »