By the Court,
Cowen, J.We are of opinion that the existence of funds or other specific means provided by statute, is a condition precedent to the obligation of commissioners of highways to repair bridges. It follows, that the existence of such funds or other means should have been averred in the indictment as a substantive fact. (Bartlett v. Crozier, 17 John. 439. People v. Com. of Highways of Hudson, 7 Wend. 474.)
Judgment affirmed.