Section 4. Investigation of expenditures of towns and villages  


Latest version.
  • If
      twenty-five freeholders in any  town  or  village  shall  present  to  a
      justice of the supreme court of the judicial district in which such town
      or  village is situated, an affidavit, stating that they are freeholders
      and have paid taxes on real property within such town or village  within
      one  year, that they have reason to believe that the moneys of such town
      or village are being unlawfully or corruptly expended, and  the  grounds
      of  their belief, such justice, upon ten days' notice to the supervisor,
      and the officers of the town disbursing the funds to which  such  moneys
      belong,  or  the  trustees  and  treasurer  of the village, shall make a
      summary investigation  into  the  financial  affairs  of  such  town  or
      village,  and the accounts of such officers, and, in his discretion, may
      appoint experts to make such investigation, and  may  cause  the  result
      thereof to be published in such manner as he may deem proper.
        The  costs  incurred  in  such  investigation  shall  be  taxed by the
      justice, and paid, upon his order, by the  officers  whose  expenditures
      are  investigated,  if  the  facts  in  such  affidavit be substantially
      proved, and otherwise, by the freeholders making such affidavit. If such
      justice shall be satisfied that any  of  the  moneys  of  such  town  or
      village  are  being  unlawfully  or  corruptly  expended,  or  are being
      appropriated for purposes to which they are not properly applicable,  or
      are  improvidently  squandered  or  wasted,  he shall forthwith grant an
      order restraining such unlawful or corrupt expenditure,  or  such  other
      improper use of such moneys.