Section 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.