The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03
CHAPTER 32S-H. F. NO. S57.

AN ACT to amend section sixteen q6) of
chapter ninety-seven (9O, general laws
of Minnesota for one thousand eight
hundred and eighty-seven QS9O. and
section four ca of chapter eighty-one
(S1), general laws of Minnesota for one
thousand eight hundred and ninety-tive
$3.50, amending section fifteen Do of
chapter ninety-seven (9O, general laws
of Minnesota for. one thousand eight
hundred and eighty-seven 1SSD, re-
lating to drainage of wet lands.
Be it enacted by the Legislature Of the
State of Minnesota:
Section l. That section sixteen Q6) of
chapter ninety-seven cd, general laws
eighty-seven 0SSO be and the same is
hereby amended so as to read as fol-
lows:
Sec. 16. 1t shall be the duty of the
county surveyor Cor the surveyor or civil
engineer duly appointed by the county
commissioners for the purpose) on being
notified by any contractor that his job
is completed, to inspect the same, and,
if he finds it completed according to the
specifications of the viewers, he shall ac-
cept it and give to the contractor GER
tificate of acceptance, stating that said
section or sections (by number) are COM
pleted according to the specifications Of
said ditch, as set forth in the report of
the viewers and upon the presentation
and surrender Of said certificate Of ac-
ceptance by said contractor to the auditor
the county treasurer of his county for
the full amount found to be due on said
contract; and said order shall be paid
out of the general ditch fund to be pro-
vided by the county board of commission
ers, as hereinafter specified. And the said
order shall become due and payable out
of said fund at once, and if there (shaID
be no cash in said fund to pay said order
when the same is presented the county
treasurer shall endorse on said order,
mot paid for want of funds" and date
and sign such endorsement, and the
amount of said order shall draw interest
at the rate of six per cent per annum
until called in by the treasurer or auditor
of said county and paid. The fees of the
county surveyor Cor engineer) under this
section shall be paid him by such con-
tractor.
Sec. 2. That section four (D of chapter
eighty-one SD, general laws of one thou
sand eight hundred and ninety-fve 1S95).
amending section fifteen Q5) Of chapter
ninety-seven (9D, general laws of one
thousand eight hundred and eighty seven
QSSO, be and the same is hereby amend
ed so as to read as follows:
Sec 4. If job is not completed within
the duty of the bondsmen to notify the
county auditor of that fact within five
days after the expiration of the time
fixed in, the contract. Whereupon the
plete said job. and they shall receive from
the county the amount due on such job
or part thereof that they have completed.
The amount due said bondsmen for such
ditching shall be determined by the coun-
ty surveyor (or the surveyor or the civil
engineer duly appointed by the county
fees of the county surveyor (or engineer)
for such services shall be paid out of the
money due the original contractor, If any,
otherwise by the bondsmen. But the
auditor may, for good cause shown, give
further time to any contractor, not ex-
ceeding one year; provided, that job not
completed as hereinbefore specified shall
be resold by the county auditor, after ten
days notice by publication, to the lowest
responsible bidder, but shall not be sold
for sum exceeding fifty (5O) per cent
in excess Of the estimated cost of such
work, nor second time to the same
party.
A contract and bond shall be entered
into as hereinbefore provided.
Sec. 3. This act shall take effect and be
in force from and after its passage.
Approved April %, 1891.