New Ulm review., 1895-05-22
; CHAPTER NIX.
MIG AE,J,T A NEnIYG

ut all tunes be regarded as in their tnati1re
Judicial and be treated as pfima facie just
and legal.
CHAPTER XIX.
MISCELLANEOUS
Sec. $40. BONDS OF CONTRACTORS.
Before any contract whatsoever for the
doing OF any work or labor or furnishing
any skill or material to or for any city
shall be valid and binding against such city
the contractors shall enter into bond with
such city for the use OF such city and also'
for the use OF all persons who may per-
form any work or labor or furnish any Skill
or material in the execution Of such con con,
tract, conditioned to pay, as they become
due, all just claims for all work ana laDor
performed and all skill and material lur-
nlshed III the execution of sucn cor contsact. s;
anu also to save such city harmless from
any cost, charge and expense that may ac-
crue on account of the doing. OF the work
specihed in such contract; and also to com
plete such contract, according to the terms
thereof and the contract price; and to COM
ply with all the requirements OF TINS law,
th WAich bond shall be in sacn an amount las as
than the contract price agreed to be paid
Tor the performance of such contract, and
such eentractor coz a and two q or more au
cient sureties, and after being approved
shall be filed, with the contract, in the
bonds shall be prepared by the city attor-
ncy and approved BY the mayor
Sec; S41. STRETIES The sureties of
such bond shall each take and subscribe an
oath that he is resident of the State Of
Minnesota. and that he is seized in fee Of
real estate situated In said state. and not
exempt by law from sale or execution, OF
the value and worth over and above all in
cumbranccs thereof on the same, for which
he Is to justify in said bond. More than
two, (2) sureties may be accepted on such
bond and they may Justify in separate and
diHerent sums less than the sum specified
IN such bond. Provided, that the aggre-
gate Of their justifications. shall be equal
to two (2) sureties, each justifying In a sum
Sec. aIa II(;'E! RIGHT - oF edEu 8CT1oN ON
BONDS. Whoever shall perform, or cause
to be performed, any work. or labor, or fur
nish. or cause to be furnished, any skill or
material, including any work, labor, skill
or o1 material necessary in the repair of any
any tool or machine or material furnished
particularl ly for such contract and used
therefor, in the execution of sucn contract,
heirs, administrators, executors or assigns,
or at the request of any subcontractor, his
agents, heirs, administrators, executors or
assigns, or at the request of such city. in
case such city shall have determined such
contract and shall have completed the same
at the cost of the contractors, shall be con
sidered q party in interest in said bond,
and may bring an action thereon for the
reasonable value or agreed price, as the
case may be-. Of the work or labor per-
formed or skill or material or tool or ma
chine furnished in the performance Of such
Sec sla. TRUST COMPANIES MAY BE
SURETIES Any company organized under
chapter three (3) of the General Laws of
Minnesota for eighteen hundred and eighty
i've, entitled AN act to amend an act en-
titled an act to authorize the organization
and incorporation Of annuity, safe deposit
and trust companies, approved March fifth.
eighteen hundred and eighty three" ap-
proved March fifth, eighteen hundred and
eighty-fve, and any company referred to
In and complying with the provisions OF
chapter forty-two of the General Laws OF
eighteen hundred and ninety-three, entitled
tions, bonds, obligations and undertakings,
and to allow corporations to be accepted as
surety thereon approved April eighteenth.
eighteen hundred and ninety-three may, If
satisfactory to the city, become sole surety
under any bond required by this act, and
In such case so much Of the provisions
of this act as requires two (2 or more
good and sufficient sureties shall be CON
sidered to be fully satisfied by the execu-
tiOn of any such bond by such CORPORATION.
and none Of the provisions hereof relating
to sureties or approvals shall be required.
Sec 344 No action shall be maintained
on any such bond unless the same shall be
commenced within one year after the cause
of action accrUes.
Inmates shall be allowed monthly on all
city contracts and the amount thereof shall
be due and payable on the tenth day Of the
month succeeding the month in which the
labor was performed or materials were fur
nished, on account of which the estimate
Sec. 346. BOARD OF TAX LEVY In
any county in this state having a board of
tax levy. operating under any special law
or amendment thereto, whose election, des-
ignatiOn or appointment, and whose powers
and duties are prescribed by or in any such
law, and who are authorized, emDo wered
and directed thereby to fix the maximum
rate or rates of taxation to be levied for
certain city purposes, said board of tax
levy shall continue to exist and to per
form all the duties, and to exercise all the
powers now prescribed by law for such
Pow f1N ffn1
any city accepting this act; and nothing in
this act shall be held or construed to re-
peal any such law or to authorize or permit
any officer or officers, or any person or per-
sons, to exercise or perform any or such
powers or duties
Sec 347 LIMITATIONS OF ACTIONS.
No action shall be maintained against any
city on account of any inirries received in
any manner whatsoever nor on account of
any injuries to persons or property by
means of any defect in the condition of
any bridge street, sidewalk or thoroughfare.
unless such action shall be commenced
within one 0N year from the receiving of
the personal injuries or the happening Of
the injury. nor unless notice shall first have
been given in writing to the mayor of the
city or the city clerk thereof, within thirty
(3O) days of the receiving of such personal
injury or of the occurrence of such injury
10 persons or property, stating the place
where and the time when the same was
received, and that the person injured will
claim damages of the city for such injury:
the. person injured shall in consequence
thereof be bereft of reason.
Nor shall any such action be maintained
for any defect in any street until the sane
shall lave been opened and graded, nor for
any insufticiency Of the ground where side
walks are usually constructed when no
sidewalk Is built.
All actions arising ex delicto, including
the action provided for by section two of
chapter seventy-seven of the General Stat
utes Of eighteen hundred and seventy
nip h
stated in this section, shall be COM
menced within one o. year after the cause
Of action accrnes and not thereafter, and
all actions arising ex contractu shall be
commenced within two (2l years after the
cause of action accrues.
Sec. 34S. STATUTE OF LIMITATIONS.
No right, title estate or easement of any
city in or to any property shall be Dreju,
diced or lost by any adverse possession OF
occupancy. and no statute OF lilnitatior
81 all run or operate as against any city In
favor Of any person or persons occuDvina
any of the public or plated streets
or public or plated grounds, parks, park
such street or grounds or any such prop
erty be improved or not
Sec. $40. UNAUTHORIZED OBSTRUC,
TIONS IN STREETS, Etc. If any person
struction, or make any excavation or open
Ing, or cause any defect in any street, road
alley, public grounds or sidewalk In snid
city, or leave any distractions or eXcHva-
tiOns openings unguardcd or without
proper protection, such person or company
shall be, liable to any person who may be
be injured or destroyed without his fault
by means of such obstruction, excavation
or opening. and in case any damage shall
be recovered in any action against said
city for injuries caused by such obstruction
excavation or opening. the city shall have
the right to recover the amount of such
damages in turn from the person or com
pany placing such obstruction or making
such excavation or opening. Provided that
upon the commencement Of any such action
against the city, notice thereof shall be in,
mediately given in writing to such person
or company so liable. with the statement
that the city will look to such person OF
company to pay the amount of any iuig
ment against the city which may be re-
covered in such action, and an opnortunity