St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1913-05-02

three dollars $1,000 per day for the tins
duties. Before entering upon his duties, each
shall give a bond to the Town with s%uretie,
t to be a approved by the Town Board. in tho
ts25o: oo) conditioned for the faithful discharge
OF his duties and to- return to the Town all
int fne property il Of the Town which may come
ms ASSISTANTS, if any, shall hold office at rne
pleasure of the Town Board. Provided that
over county roads in any county which noyy
mas or hereafter may have a population Of
{ one Hundred Fifty Thousand d5o,ooW In
emu OIL Highways or other officer to superln.
tend the construction and Improvement OF
ROADS within its confines.
Sec. 43. PETITION. FOR
MENT, ALTERATION OR TACAT1oN.-Any
Town Board may alter or vacate a Town
upon a = petition Of not n "s ieys f than Il, eish ats v t9ma
OF the town, who own real estate, or occupy
real real estate under the homestead or prc-cmp-
ton laws or under contract with the state,
within three miles Of the road proposed to
pc established, altered or vacated. Provided,
~ voters, who own real estate or occupy
real estate under the homestead or pre-cmp-
lion laws or under contract with the state,
within three () miles Of any proposed road,
the Town Board Of such town may alter or
vacatc a town road, or establish a new road
number Of voters, Of such town. who own
feal estate or occupy real estate under the
homestead a; or presumption laws or under CON
petition shall contain a description of tho
road, and what part thereof is to be altered
Of the owners Of the land, If known. over
beginning, general course and termination.
Sec. A. NOTICE OF HEARING ON Pr
T1TION.-The petition shall be filed with the
e the Town Board: SAID Eoard, Within
describing as nearly as practicable the road
proposed to be established, altered or va
Gated, and the several tracts Of land through
said petition. The petitioners shall cause
personal service Of such order to be made
days before such meeting, and also cause ten
days posted notice thereof to be given.
Sec. As. HEARING AND DETERMINA-
Board shall meet. and on proof, by AFFIDAVIT,
Of the giving Of such notice, It shall examine
or vacated. hear all parties interested. and
determine whether 1t will grant or refuse the
n%eted On the ir Il lack ce the9sef' tho faos shall DO
Sec. 4e. SURVEY N oRDER.-1f the
petition be granted, the board. If 1t deem it
1 WSsn ~ shall shall cause "a ss,cs r survey ao.. to b. BE- mad, made
a section line. or some subdivisional line of u
section, the surveyor shall note tho distances
to the point on any course at which such
course will intersect a section line, and the
distance Of such point of intersection from
the most convenient section, quarter section,
ment servey; and the notes of such intersec-
tions, and a description Of the road 80 estab-
p unS9aa, d in sn or order ra't to oeo be sn Signed i by y"c tho
Board.
Sec. At. DAMAGES N BENEEITs-The
damage sustained by reason OF establishing.
altering or vacating any road may be as
certained by the agreement Of the owners
mani ia made or the owners ra1e2S SO in
writing, all claims to damages. the same
shall be assessed and awarded before such
agreement and release shall be filed with
the Town Clerk, and shall be final as to the
matters therein contained. The Board shall
assess the damages Of each claimant with
whom 1t cannot agree, or who Is unknown;
specifying the amount awarded to each and
ascertaining the damages which will be
sustained by any owner the Town Board
shall determine the money value Of the bene-
fits which the establishment, alteration or
vacation, as the case may be, will confer.
and deduct the benefits. II any. from the
damages, if any. and award the difference.
if any, as damages.
Sec. 4S. AWARD-FILING P~APERs-With
in five days after the date Of the order
ESTABLISHING, altering + or w., v &c IL a road "a d ths
file such order and award. together with all
petitions, attidavits and orders relating there
not record such final order within the period
Of thirty days, nor, in case of an appeal.
until a final decision is had thereon, and not
then unless such order Is confirmed; In case
said board does not file such order within
twenty days. it shall be doomed to have re-
jected the application. After the order is
by said town clerk recorded and sent to the
County Auditor, who shall file and preserve
the tn t Isme Clerk Ee w yho'' sS snH9 f h1e f the sam r"''s and
make all entry thereof in the record relating
Sec. 40. ORDER OR COPY AS EVIL
lDENCE-The order establishing. altering or
~vacating any road, or a certified copy OF the
record thereof, shall be received in all courts courts
of the regularity Of the proceedings prior to
the making thereof, except upon the hearing
Of an appeal.
Sec. 50. DIFFERENTIATION FINAL FOR
YEAR-The determination of a Town Board
refusing 10 establish, alter or vacate any road
shall be final, unless appealed from, for ono
year from the filing Of its order; and no pc
tition for sstabl Id IL altering aeTnde r or Va %,t1ia
the time aforesaid: In case Its determine,
ton granting a petition is appealed from and
the date Of such determination entertain a
Sec. 81. NlPPEALs-orders Of a Town
fusing to establish, alter or vacate any ROAD
or cartway, or awarding damages. may be
appealed od from 1n;tb by t,' the eT Persons Hereinafter n m proe
vided.
Sec. 80. ROADS ON TOWN LINE
Whenever any Town Board receives q p pc lS-
ing a Town Road. praying for the location,
alteration, or vacation Of a road on the line
h {'gmediat ehst n anf at tre ao? 4oWm Board somt' Of i such
adjoining town, and the Town Board of each
Of said towns, or a majority OF each, acting
petition. They shall be governed, as to no
tice, survey, hearing, award OF damages. ming
hna pertaining g to their duties. by the regula-
lions in this act provided for the government
Of town boards in establishing. altering or
vacating town roads. A copy of the proceed
ings shall be filed IN The loWu Sieihs VA
fee in each town.
Before making an order establishing q roaa
under the provisions Of this Section, the Two
town boards shall divide the length o II
nav be Of unequal length. Such division shall
be so made as to divide as nearly equal
structing and maintaining. the entire road to
be established, and assigning to each OF saao
parts one-half Of such cost and expense.
the Town Boards shall tnereupon by agree,
ment determine which Of such parts shan
t tnH,eaii bv each. If the Town Boards cannot
co agree the matter ghall be determined by
lot. A ron,n po.-,.
Of the respective towns, parties to the laying
ont of a road under the provisions of this
section, to proceed forwith. to open and con-
struct its share Of such road and thereafter
"s sec. 81. '"c BETWEEN TOWN AND CITY,
ETC.-Whenever such a petition Is presented
Town Board OF a town. praying for the loca-
ton, alteration or vacation Of a read on
the line between such town and the cry or
Of each, acting together. as one board, shan
determine said petition in the same manner
section Sc and the provisions Of the proceeding
section shall apply to the Town Board and
City or Village, conncil; ,,n,,, po,ns-1n