Section 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.