The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03

ing out, altering or disseminating or re-
fusing to lay out, alter or discontinue any
highway, or whether it is brought to re,
of supervisors or board of county commits
sioners, or any part thereof; if the latter,
what part, and all matters referred to in
the notice of appeal.
Unless the parties otherwise agree, the
matters in such appeal shall be tried, and
the court or jury, as the case may be,
shall reassess the damages, unless the de-
termination Oh the matters tried IN SAID
court shall render such reassessment I'M
necessary, but the rule for reassessing
damages and determining the matters in
volved in such appeal shall be based upon
the same principles as the supervisors or
county commissioners were required to
adopt in originally determining the same:
and upon hnal Judgment being rendered
therein. the clerk of said district court
shall file a certified transcript in the office
of the county auditor of such county if
the appeal was taken from the action of
the county commissioners, and in the
office of the town clerks of all towns af
fected by such determination if the APP
peal was taken from any action Of any
board of supervisors. If the determine
ton of the board of supervisors or COM
missioners appealed from be affirmed, or
II the amount OF damages allowed be re-
duced in said district court, the party APP
pealing Shall pay all costs and disburse-
ments incurred in said district court; but
if the amount of damages allowed be in
creased, or if such determination shall be
tiitCiSu, ihOullicu VI reversed Ill Sttlu COu1
otherwise than as to amount Of
damages. such costs and disburse-
ments shall be paid by the town or
eo nd as the case may be; such costs
JuSted as in other cases in said court, and
judgment entered therefor in like manner.
Such appeal shall be entered upon the
calendar of said district court for trial, at
the next general term thereof occurring
more than twenty (2W days after the APP
peal is perfected.
been made from the determination of any
board of supervisors or county commits
sioners and such determination shall
have been reversed or altered, the super
VlsorS or commissioners from whose de-
s termination such appeal was taken shall
proceed to lay out, alter, or discontinue
such highway, in conformity with the de-
ciSiOn of such appeal; and the proceed
ings thereon shall be the same as if they
had originally SO determined and award
ed, whether by the supervisors or by the
court or jury, together with all the
charges of officers and other persons nee
essariy employed in laying out, altering
or dlscontinulng any town road, shall be
audited by the supervisors. specifying the
amount of damages and charges due each
individual, and the respective amount
shall be certified to by the said super
visors, and by them deposited with the
any road shall be opened or used, an
amount of town orders equal to the dam
ages assessed to each individual shall be
duly issued and deposited with the said
town clerk for the use and benefit of said
individual, and shall be delivered to him
upon demand. The issuing and deposit
ing of said orders shall be deemed to be
sufficient security for the payment of
said damages. In no case shall any town
be compelled to pay any damages that
may be awarded in laying out and alter
ing or discontinuing any county road.
Sec. 49, Every road laid out by the
proper authorities. as provided for in this
chapter from which no appeal has beer
taken within the time limited for taking
such appeal, is hereby declared a public
highway to all intents and purposes, and
all persons having refused or neglected to
take an appeal, as provided for in this
chapter shall forever be debarred from
any further redress. This act shall not
affect any pending action or proceeding
in court.
Sec. H. This act shall take effect and be
in force from and after it's passage.
Approved April q, 1897.