Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1909-04-30
any person attempting to prevent or in
terfere with them shall be guilty of a

|COURT-JURY TRIAL-Any person ag-
grieved thereby may appeal from any or
der Of said Board made IN the proceed
ings and filed in the office OF said Town
Clerk, determining any Of the following
matters:
% The amount Of benefits to any tract
OF (s l5n Th or AMOUNT t1 anH P Of dan 1asa o all eaeed'' to
l3) Refusing to establish such proposed
ditch.
pellant shall file with the Town Clerk
within twenty days from the a o., tne
fling of such order In his office, a notice
which the appeal is taken, accompanied
by an appeal bond to the Town Treasurer
in an amount Of not less than S25o.oo,
ditioned that said appellant will duly
may be a%djudged against him and abide
the order of the Court.
the Town Clerk, at the expense Of the
appellant shall file in the office OF the
Clerk Of the District Court of the county
in which said Town Clerk resides, q
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
e1ts or damages and such demand SHAH
be filed in the office Of the Clerk Of the
District Court within twenty days after
the filing Of the NOTICE of appeal In the
office Of sale Town Clerk.
If no such demand is filed, the appeal
shall be tried by the Court without a
Jury.
termined at the next term of the District
Court held within sale County, beginning
after the filing OF such transcript n
civil nature in said court.
II there be more than one appeal they
may be consolidated and tried together.
If appellant is unsuccessful he shall pay
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 If the petitioners shall
give bond IN amount and with sureties to
be fixed and approved by the Town Clerk,
ages finally awarded on aid appeal and to
abide the orders and judgments Of the
Court entered thereon.
notice Of trial or file any note Of issue in
the District Court on such appeal.
Sec. IA. JUDGMENT UPON APPEAL
Upon an appeal from an order refusing
to establish said ditch the Court shall
hear the entire matter de novo, without
a Jury and include in it's final order and
findings all of the matters and data re-
CURED in the final order of the town
board.
AS soon as final Judgment is entered on
an appeal i a certified I'd copy thereof Ss cot, s shall
t pa tre eourt tee s66X}d the town ele cler9 Of a 1ae a RlI1
be attached to the original order Of the
board and shall nave the effect Of modi-
flying said original order so as to make
II s SSaf0f Is: W.T.. APP Pf3a 3ua Tf@ SUPREME
ditch proceeding. may appeal to the su-
final order made in the District Court.
order.
- The ne ne gtss2, Of Of appeal eTa p,s hal 6 be ger wed
need not be served upon any other per-
son or corporation:
w Sec; 1s. tnd EX7 sftE1x af Ne OF oPnt1 Ta In e.
the construction Of said ditch is delayed
either by lack of bidders or by appeals
or by other proceedings tn Court, said
extend the time limit in the order estab-
fishing said ditch for the construction
thereof to compensate for said delay and
as necessity may require.
oR's BoNDs-Within ten days after
the filing of the order establishing said
ditch the Town CLERK shall post NOTICE
places in each of the towns through
which said ditch extends: and also IN the
office Of the Auditor Of the County In
and place at which he will sci! to The
jobs Of constructing said ditch.
When the estimated cost OF the con-
Clerk shall also advertise such sale of
Jobs in two newspapers, one Of which
shall be the paper in which the delinquent
which said ditch is located, and the other
posed work.
amount Of work and the estimated cost
and shall invite bids for the work as one
job and also in such divisions as the
petitioners et'I rnsa,u may AZ IN ri,b Wri IL get request sgt and
all bids, and no bid shall be entertained
which exceeds the estimated cost Of the
construction of the part Of said work
covered by said bid more h a 30 per
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. no
CONTRACT shall be let without the approval
Said Town Clerk may sell separately
other construction work specified either
esfsSllyn, nr By es,d re ditcha in the order
The Town Clerk shall contract sep
arately in the name Of the petitioners,
with each party to. whom any of such
the same in the time and manner snoci-
fed in the provisions of the final order
establishing said ditch and. shall take
from him a bond in the penal sun Of not
the petitioners for the use of such petit
TONERS and of all persons and mun'c-
Qualities and towns who may show them
selves to be aggrieved or injured by any
breach thereof. or Of the contract for
to be by said Town Clerk approved, con-
d'ticned that said party shall faithfully
! perform and fll61l his contract and pay
son saa Of fai1ur to %ecrnn!ete the work II
the manner and within the time required
in the contract therefor. which bond shall
include a stimulation that no change, ex-
terms. of the contract Or specifications
shall in any wise affect the obligation, of
the principal or s%uretjes on said bond.
The contractor or contractors may each
petitioners to the contract. n if any Of
the petitioners fail to sign said contract
or contracts, said contractor Or contrac-
tors may require that an amount of
posted with the Town Treasurer to Sc
| cure payment. Of said contract price upon
the completion of said contract:
Sec. 49,. BOND AND CoNTRACT-rhe
each other and the contract shall con-
tain a specific description of the work to
be done. either expressly or by reference
to plans. Specifications. the order estab-
in said town clerks Office and shall pro-
vide that the work shall be done and
completed. as provided for in the final
order establishing said ditch and subject
| be one. and II not then to the approval
of the Board.