Notice to commissioners of adjoining towns to rebuild or repair a bridge, and the consent thereto, may be in the following forms:

FORM NO. 100.

Notice to Commissioners of Adjoining Towns.

To the Commissioners of Highways of the Town of the County of ...

.......

in

Whereas, the bridge (here describe it) has become, and is, unsafe for public use and travel (state in what respect), you are hereby notified and required to join with the undersigned commissioners of the town of in the county of in rebuilding (or repairing) said bridge, and to give your consent in writing to the same within twenty days after the service of this notice, pursuant to section 135 of the Highway Law.

....

....

.....

......

in

Pursuant to your notice served on us, dated the ...... day of .........., 19...., and to section 135 of the Highway Law, we, the undersigned commissioners of highways of the town of in the county of ...., hereby consent to join with you in rebuilding (or repairing) the (designate the bridge) it being the same bridge mentioned in your said notice.

§ 136. Proceedings in court.-Whenever any adjoining towns shall be liable to make or maintain any bridge over any streams dividing such towns, whether in the same or different counties, three freeholders in either of such towns may, by petition signed by them, apply to the commissioners of highways in each of such towns, to build, rebuild or repair such bridge, and if such commissioners 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 each of the commissioners, 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 cocmmissioners 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 such 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 by the commissioners 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.

The above section is limited in its operation and effect to bridges over boundary lines between towns. If under other statutes bridges not on boundary lines are maintainable at the joint expense of towns, the proceedings authorized by the above section do not apply. (Matter of Freeholders of Cattaraugus County, 59 N. Y., 316.) Nor does it apply to bridges over bays or lakes or other bodies of water or causeways or bridges over marshes between two towns. (Matter of Freeholders of Irondequoit, 68 N. Y., 376, 379.) The remedy does not exist unless the bridge connects lawful highways. (Matter of Montezuma, 14 N. Y. Supp. 845.) The inability of the highway commissioners of the towns liable for the maintenance of the bridge to agree on the kind of material to be used in its repair is equivalent to a refusal, and justifies the application by freeholders. (Matter of Towns of Mt. Morris and Castile, 41 Hun. 29.) The court may in a proper case order the re-construction of a bridge in a proceeding instituted under the above section, without regard to the length of time which has elapsed subsequent to the destruction of the bridge. (Matter of Commissioners, etc. of Towns of Glenn and Florida, 3 N. Y. Supp. 461.) But an order should not be granted where the cost of rebuilding a bridge would be large, and the bridge would be liable to be destroyed by freshets, and but little dissatisfaction existed with the present mode of crossing the stream. Idem.

The petition of freeholders, the notice of motion for an order of the Supreme Court, and the form of affidavit to be used on such motion may be as follows:

FORM NO. 102.

Petition of Freeholders to Commissioners of Adjoining Towns. To A. B., C. D. and E. F., Commissioners of Highways of the Town of in the County of and A. A., B. B. and C. C.,

Commissioners of Highways of the Town of of ...

in the County

We, the undersigned, L. M., N. O. and R. S., do respectfully, pursuant to section 136 of the Highway Law, petition and apply to you, and show that we are each of us freeholders of the said town of

and that the highway bridge known as the (here designate the bridge) which crosses the (name the stream) a stream forming the boundary line between said towns of .... ... and

..... has become and is out of repair and is unsafe for public use and travel (state in what respects), that said bridge has been repaired and maintained at the joint expense of said towns, and said towns are jointly liable to make and maintain a bridge at said point.

And we hereby petition and apply to you, the said commissioners, to rebuild (or repair) the bridge at said point.

To A. B., C. D. and E. F., Commissioners of Highways of the Town of

in the county of

and A. A., B. B. and

in

C. C., Commissioners of Highways of the Town of

the County of ...

......

.....:

day of ...

.........

Take notice that an application will be made to this court at a special term thereof, to be held at the court-house, in the of ......., on the ......, 19...., at the opening of the court on that day, for an order requiring you. the said commissioners, to rebuild (or repair) the bridge mentioned in the affidavit hereto attached, and requiring money to be appropriated or raised therefor, and for such other and further relief as to the court may seem just and proper. The application will be made on affidavit and papers, copies of which are herewith served on you.

Dated this

day of

.......

19....

L. M. N. O., R. S.,

FORM NO. 104.

Affidavit on Motion for an Order to Build a Bridge.

(Title as in preceding form.)

STATE OF NEW YORK,

}ss.:

SS.:

L. M., N. O. and R. S., being severally and duly sworn, say that they are freeholders of the town of said county, and that in the county of

said town joins the town of and the (name the stream) forms the boundary line between said towns; * that at (describe where) a free public bridge has been maintained at the joint expense of said towns, and said towns are jointly liable for the building, rebuilding, repair and maintenance of such bridge at such point; that such bridge is (describe the kind of bridge fully) and has become unsafe and unfit for public use and travel (describe fully the condition the bridge is in), and that in our opinion it would be more for the interests of the said towns to rebuild than to repair said bridge (or as the case may be); that on the ..... day of 19...., the above-named affiants united in a petition to A. B., C. D. and E. F., commissioners of highways of said town of and A. A., B. B. and C. C., commissioners of highways of the said town of ....., pursuant to section 136 of the Highway Law, which petition was duly served on each of said commissioners, and which requested them to rebuild (or repair) said bridge at said point; that thereafter and on the 19...., said commissioners served on us a written refusal as follows: (Here set forth the refusal); that in our opinion an (iron) bridge should be built, and that the expense should be between $... ... and $.......... (approximate the expense as nearly as possible and insert any other facts deemed necessary).

......

day of

Order of Court to Rebuild Bridge.

At a special term of the Supreme Court, held at the court-house in the

On reading and filing the affidavit of L. M., N. O. and R. S., dated the ...... day of 19...., setting forth that (here set forth the substantial facts of the affidavit), with proof of due service of a copy of said affidavit and notice of motion upon each of the commissioners of highways of said towns, and after hearing J. D., of counsel for said applicants, in favor of said motion, and D. B., of counsel (or no one appearing) for the said commissioners in opposition thereto,

It is hereby ordered, pursuant to section 137 of the Highway Law, that said commissioners build a (or repair) a (here describe the kind of bridge) at (here describe the place), at the joint expense of said towns, not to exceed dollars, and that one-half of the said expense shall be chargeable to each of said towns, to be assessed, levied and collected thereon, as other town charges are assessed, levied and collected.

.........

§ 137. Commissioners to institute proceedings.-The commissioners of highways of any such town, may institute and prosecute proceedings under this chapter, in the name of the town, to compel the commissioners of such adjoining towns, to join in the building, rebuilding or repair of any such bridge, in like manner as freeholders are hereby authorized.

§ 138. Their duty.-The order for building, rebuilding or repairing a bridge being made, and a copy thereof being served on the commissioners of highways of such adjoining towns respectively, the commissioners of highways of such towns shall forthwith meet and fix on the plan of such bridge, or the manner of repairing the same, and shall cause such bridge to be built, rebuilt or repaired out of any funds in their hands applicable thereto; and if an adequate amount of funds are on hand, they shall cause the same to be built, rebuilt or repaired upon credit, or in part for cash and in part upon credit, according to the exigency of the case; and the commissioners may enter into a contract for building, rebuilding or repairing such bridge, pledging the credit of each town for the payment of its appropriate share, so far as the same shall be upon credit.

§ 139. Commissioners to report.—The commissioners of highways of each town, shall make a full report of their proceedings in the premises to the town board, at the time of making their annual report. They shall attach to the copy of the order granted by the supreme court, an accurate account under oath, of what has been done in the premises, and deliver the same to the supervisor of their town. The board of supervisors at their annual meeting, shall levy a tax upon each of such towns, when in the same county, and upon the appropriate town when in different counties, for its share of the costs of building, rebuilding or repairing such bridge, after deducting all payments actually made by the commissioners thereon; which tax, includ