24-617. Appeal from decision of board; bond; transcript; procedure.
24-617
24-617. Appeal from decision of board; bond; transcript; procedure. Any person or corporation who has filed objections and had a hearing asherein provided feeling aggrieved by the decision and judgment of the saidboard of supervisors, may appeal to the district court within and for thecounty in which said drainage district was originally established, upongiving a bond conditioned the same as in appeals to the district court incivil actions from justices of the peace in this state, and payable to saiddrainage corporation, and in addition thereto conditioned that they willpay all damages which may accrue to said drainage district by reason ofsaid appeal, which bond shall be approved by the secretary of said board ofsupervisors, and filed with said secretary within ten days after therendition of the decision appealed from. Within ten days after the filingof said bond said secretary shall make and file a transcript of saidhearing together with all the papers relating thereto, with the clerk ofthe district court, to which said matter has been appealed.
Upon the filing of said transcript and bond the said district courtshall have jurisdiction of said cause, and the same shall be docketed andfiled as in appeals in other civil actions to said court, and said courtshall hear and determine all such objections in a summary manner as a casein equity, and shall increase or reduce the amount of benefit on any tractwhere the same may be required in order to make the apportionmentequitable. All objections that may be filed shall be heard and determinedby said court as one proceeding and only one transcript of the final orderof the board of supervisors fixing the apportionments or benefits shall berequired. The clerk of the district court shall forthwith certify thedecision of the court to the board of supervisors who shall take suchaction as may be rendered necessary by such decisions.
History: L. 1911, ch. 168, § 17; May 22; R.S. 1923, 24-617.