310 - Damages to be paid before opening the road.

§  310.  Damages  to  be  paid  before  opening  the road. The damages  assessed by the jury shall be paid by the party for  whose  benefit  the  road  is  laid  out,  before the road is opened or used; but if the jury  shall certify that the necessity of such private road was occasioned  by  the alteration or discontinuance of a public highway, such damages shall  be paid by the town and refunded to the applicant.