Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-03-19

commissioners of the county; and such supervisors
or commissioners shall thereupon proceed 10 lay
out such temporary cartway IN all respects as pro-
vded by the law in force at the time of such appli
cation, in relation to laying out permanent public
carways by town supervisors except az hereinafter
provided; and the cartways hereby authorized
shall not be less than one nor more than two rods
in width.
Sec, 9. When any such application shall De
made, the supervisors or commissioners at the time
of examining such proposed highways shall also,
after such investiga ion as they deem neces-
sary, determine the necessity of laying out such
cartways for the purpose of removing the saw logs,
timber or lumber from any pine or other
timbsred lands, and the length of time
that such cartway will be necessary, and they shall
state such time IN their order laying such cart
way and at the expiration Of such time said cart
way shall cease. But such cartway shall be laid
out along upon, or as to occupy any road made
caused to be made by the owner of said land. or
by any person with the consent of such owner and
used by the person or persons making the same,
unless such owner shall consent thereto in writing.
If the owner of any land across which such cart
way is desired shall appear in person or by author
lied agent attorney before the commissioners or
supervisors at the time and place fixed by them to
determine such necessity, and shall designate
route for such cartway which, in their opinion shall
be reasonably direct and practicable for the purpose
desired by such applicants, it shall be their duty, in
case they determine such cartway to be necessary,
to lay the same upon the route designated by such
owner.
Sec. 8. All the expenses of laying out aud all
damages awarded for the taking of lands for such
cartway shall be paid by the persons ap
plying for the same They shall be public
highways, but tax shall DO levied or COL
lected for making, opening maintaining
the same. The persons applying for the same may
enter upon, open and work any such cartWay at any
time after it is laid out upon paying all the costs
and expenses of such proceedings, and upon pay
ing to the several parties in interest, to the town
county treasurer, the case may be, for
them all the damages assessed in favor of the owners
of lands tTaversed by such cartway, nor shall any
appeal from an award OF damages suspend the
right to work and use sucn cartway if the applicants
forthe any of them shall file linl the court to
which such appeal may be taEen, bond with sure
which such appeal may be taken, conditioned for
be finally awarded in favor of the appellant in such
proceedings. An appeal from the award Of DANA
ges may be taken by the applicants in the same
manner by the persons whose lands are tr2yersed
by such cartway, and in such case the fling of the
bond hereinbesOre mentioned TO secure all costs
and damages finally awarded TO any such land owner
shall have the same effect IN securing the right TO
open, work and use such cartway as the actual pay
ment of such damages and costs.
Sec. 4. In case such proposed cartwaY does not
lie within an organized town the notices required
to be posted in connection with the proceedings for
opening the same may be posted in there lthreel
public places at the county seat, and the records
OF such proceedings required by law to be filed in
the Office of the town clerk shall be filed In the
Office Of the county auditor.
Sec. 5. This act shall take effect and be in force
from and after its passage.
Approved March D, 1883.