St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1909-05-07
| my person attempting to prevent or In
~terfere with them shall be guilty Of a

my person attempting to prevent or in
terfere with them shall be guilty Of q
~misdemeanOr.
Sec. Is. APPEAL TO DISTRICT
CoURT-JURY TRIAL-Any person ag-
grieved thereby may appeal from any or
der Of said Board made In the proceed
ings n 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.
C2) 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
Within twenty days from the date Of the
Of appeal stating briefly the grounds upon
which the appeal is taken. accompanied
by an appeal bond to the Town Treasurer
tn tn b an a am9unt Of bv G f6e Less = eierk SsS eoH.
dit3oned that said appellant will duly
prosecute the appeal, pay all costs that
may be ~adjudged against him and abide
the order of the Court.
Within twenty days after such filing
appellant shall file in the office Of the
Clerk Of the District Court of the county
In which said Town Clerk resides, a
complete transcript OF: all the pa,ners and
proceedings in the premises on file and of
record in his Office, including the notice
Of appeal.
Any appellant deeming himself ag-
Of the Board establishing the proposed
ditch. as to the amount of his benefits or
damages, may demand in writing, a jury
efts or damages and such demand shall
be filed IN the office of the Clerk of the
District Court within twenty days after
the fling Of the notice of appeal in the
office OF said Town Clerk.
II no such demand is filed, the appeal
Jury.
The appeal shall be duly tried and de-
tsrm1ned at the next term OF the District
Court held within said County, beginning
after the films of such transcript and
shall take precedence Of all matters Of a
civil nature in said court.
may he consolidated and tried together.
II a;'nei!ant, is unsuccessful he shall pay
to SAID Town Treasurer all of respond
ent's costs and disbursements: to be
clerk of said court.
The construction Of such ditch Shall mo-
ne dcla!ea or prevented by the prosecu-
ton Of any appeal # the petitioners shall
be iixed and approved by the Town Clerk,
agss finally awarded on said appeal and to
a ao1 ehe orders n judgments Of the
~
~ shail not be necessary to serve any
notice Of trial or file any note Of issue IN
the District Court on such appeal.
Sec. IA. JUDGMENT Upon APPEAL
to establish said ditch the Court shall
hear the entire matter de novo, without
2 Jury and include in its final order and
innings all of the matters and data re-
board. ,
AS soon as final judgment is entered on
an an appeal, a certified copy thereof shall
t ri reGa ourt To- sa BY the fove clerk alsrS Of s the s P!S,
be attached to the original order of the
board and shall have the effect of modi-
tying said original order so as to make
i s ssnt0f 15: VIII. APP "a 5ud 20 SUPREME
GoURT-Any aggrieved party to said
ditch proceeding. may appeal to the Su-
IRENE Court as in civil actions. from any
order.
The notice of appeal shall be served
on the Clerk Of the District Court and
Sec. Is. EXTENs1oN OF TIME
Whenever the letting Of the contract for
either by lack Of bidders or BY appeals
Town Clerk shall by his order in writing
extend the time limit in the order estab-
thereof to compensate for said delay and
as necessity may require.
Sec. Z. SALE OF JoBs-CoNTRACT-
QR's BoNpsEWithin ten days after
ths al Ing # the c GFasr s shstinl0' 1saat 1G sasa
in each Of three Of the most pubic
which said ditch extends: and also in the
which said ditch 's located of the time
and place at witch he viii sell to the
lowest responsible bidder or bidders the
jobs of c~onstucting said ditch;
struction is more than 81. 10000 the Town
Clerk h also advertise such sale Of
JOBS IN two newspapers. one Of which
tax list is puhl'shed in the County in
which said ditch is. located, and the other
a legal paper published nearest the pro-
posed work.
Said notice shall state the approximate
amount Of work and the estimated cost
and shall invite bids for the work as one
job and also in such divisions as the
shall reserve the right to Tejecs any and
all bids, n no bid shall be entertained
which exceeds the estimated cost of the
constructor OF the part Of said work
cent.
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, M
CONTRACT shall be let without the approval
Said Town Clerk nay sell separately
wood or masonry work, fencing or
other construction work specified either
directly. or nv reference in the order
establishing said ditch.
The Town Clerk shall contract sep
with each party to whbm any Of such
Jobs are sold. requiring him to construct
the same in the time and n speci-
establishing said ditch and shall take
from him a bon in the penal sum of not
less than the contract price, payable to
the petitioners for the use Of such petit
1pa]'ties and towns who may show them
selves to he aggr'eved or injured by any
breach thereof, o. Of the contract for
~ be- By s". said sG Taw IS e s;xfn a D7s9 sare ton.
ditjcned that said party shall faithfully
perform and fulfill his contract and nay
all damages which may accrue by rea-
the manner and within the time required d
in the contract therefor. which bond shalt
include a stimulation that no change, ex-
tension. alteration or addition to the
shall in any wise affect the obligation OF
the principal Or sureties on said bond.
me contractor or contractors may. each
p petit!oner tne to %s, INA cnntrao Of s a !, or of the ne
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 r~'ce be de-
cure payment of said contract price upon
the completion of said contract.
Sec. 1S, BOND AND CONTRACT-The
bond and contract shall be attached to
each other and the contract shall con-
tain a specific descr'ntion Of the work to
be done, either expressly Or by reference
to plans. specifications. the order esta.h-
fishing said ditch or other papers IN file
N said town clerks Office and shall pro-
vide that the work shall be lone and
c%onGDleted as nroyided for In the final