The Ely miner., 1909-04-30

terfere s pe'SS with them shall be guilty Of a
miSdemeanor.
| Sec. 10. APPEAL TO DISTRICT
COURT..JURY TRIAI-ATy person ag-
der Of said Board made in the proceed
ings and filed In the Office Of said Town
Clerk. determining any OF the following
% The amount of benefits to any tract
of land or to any public road or street
(2) The amount Of damages allowed to
any person. town, village or city.
(3) Refusing to establish such proposed
ditch.
To render such appeal effectual the ap-
pellant shall file with the Town Clerk
fling of such order In his office. notice
of appeal stating briefly the grounds upon
which the appeal is taken, accompanied
in an amount Of not less than s25o.oo,
to be approved by the Town Clerk. con-
ditioned that said appellant will duly
may be adjudged against him and abide
the order Of the Court.
the Town Clerk, at the, expense Of the
Clerk of the District Court Of the county
In which said Town Clerk resides. q
complete transcript of all the papers and
proceedings in the premises on file and Of
record in his office. including the notice
of appeal.
i Any appellant deen1ing himself ag-
the soard ae the
ditch. as to the amount Of his benefits or
damages, may demand in writing, a jury
trial to determine the amount Of his ben,
efits or damages and such demand shall
be fled in the ONCE of the Clerk of the
District Court within twenty days after
The the hli9g in Of the m notice & OF appeal in the
II no such demand is filed, the appeal
Jury.
The appeal shall be dull duly It trsa ed and and, de, e.
Court held within said County beginning
after the fling OF such transcript and
shall take precedence Of al matters of a
civil nature In said court
II there be more than enc appeal they
may be consolidated and tried together.
II appellant is unsuccessful he shall pay
to said Town Treasurer all Of respond
ent's costs and disbursements, to be
taxed and allowed by and before the
clerk Of said court.
be delayed or prevented by the prosecu-
ton Of any appeal II the petitioners shall
give bond In amount and with sureties to
be fixed and approved by the Town Clerk.
conditioned for the payment Of all dam
ages finally awarded on said appeal and to
abide the orders and judgments of the
It shall not be necessary to serve any
notice Of trial or file any note Of issue in
the District Court on such appeal.
Sec. H. JUDGMENT UPON APPEAL.
to establish said ditch the Court shall
hear the entire matter de noyo, without
q Jury and include in it's final order and
findings all Of the matters and data re-
quired In the final order of the town
board.
AS soon as final Judgment is entered on
be transmitted by the clerk Of the Dis
trict Court to said town clerk and shall
be attached to the original order of the
flying said original order so as to make
sse: is; APPEAk 70 supREME
ditch proceeding may appeal to the su. M
preme Court as in civil actions from any
final order made in the District Court,
within thirty days after the filing Of such
order.
~ The ,s. notice o,. Of appeal shall BE served
need not be served upon any other per-
Sec. is. EXTENSION OF TIME
Whenever the letting Of the contract for
hx se Of of dsrs ss ditch er by Is
or by other proceedings in Court, said
Town Clerk shall by his order In writing
sss hs asa s atGb limit fr in the the o6sr ssta
thereof to compensate for said delay and
as necessity may require.
Sec. L; o;s;hs SALE OF JoBs-coNTRACT.
Ming Of the orer aas5 sad
i'' IN each III Of three Of ' the most RSd' pubic pubic
sda II zach zach Of hs sgS r 1s6
of1ce Of the Auditor Of the County in
which said ditch is located Of the time
and place at Which he win sell to the
jobs Of constructing said ditch.
When the estimated cost Of the con-
strmetionp Is more more than $1,000 the Town
jobs In two newspapers, one OF which
shall be the paper IN which the delinquent
sa1 list ss i deS IS n the and ss ns
a legal paper published nearest the pro-
Said notice shall state the approximate
and shall invite bids for the work as one
job and also in such divisions as the
petitioners may in writing request and
all bids. and no no bid shall be entertained
which exceeds the estimated cost OF the
construction of the part Of said work
covered by said bid more than 80 pei
Said Town Clerk may adjourn such let.
ting from time to. time until the whole
work shall be taken.
If an engineer has been appointed nc
contract shall be let without the approval
of said engineer.
Said Town Clerk may sell separately
wood or masonry work, fencing OF
other construction work specified either
directly or by reference In the order
establishing said ditch.
The Town Clerk shall contract sep
arately in the name Of the petitioners
with each party to whom any Of such
jobs are sold. requiring him to construct
the same in the time and manner speci-
fed IN the provisions Of the final order
establishing said ditch and shall take
from him a bond in the penal sum of not
less than the contract price. payable tc
the petitioners for the use Of such peti.
toners and Of all persons and munic'
ipalities and towns who may show them
selves to be aggrteved or injured by any
breach thereof. or Of the contract for
which said sa,d bend d is given With sIresss
ditioned that said party shall faithfully
perform and fulfill his contract and pay
all damages which may accrue by rea.
son Of failure to complete the work ir
In the contract therefor. which bond shall
include stipulation that no change. ex.
tension. alteration or addition to the
terms Of the contract or specifications
shall in any wise affect the obligation OF
the principal or sureties on said bond.
require the signatures Of each Of the
petitioners TO the contract. and II any OF
the petitioners fail to sign said contract
or contracts. said contractor or contrac-
tors may require that an amount OF
money. equal to the contract price be de-
. cure payment Of said contract price upon
the completion Of said contract.
Sec 1s. BOND AND CONTRACTSThe
bond and contract shall be attached "a
each other and the contract shall con.
tain a specific description Of the work t.
to plans. specifications. the order estab-
fishing said ditch or other papers on file