The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1901-04-20

for. and otherwise conditioned az in this
act provided. ':.s II -
And the auditor shah give notice Of the
Tor three successive weeks In the ofhc1al
paper Of the county wherein SUCH work Is
located, Of the time when ana the place
lowest responsible bidder OF bidders; and
In such notice shall invite bids for the
work as one Job, and also Tor any one
serve the Eisas t. reject e. any and all bads
exceeds more than thirty per cent Of the
part Of said work covered by said bid;
nor. UNLESS accompanied by a certified
check, payable to the auditor, for not
said auditor may adjourn such letting
from time to time until the whole work
shall be taken, and. with the approval of
Of such stations. The engineer shall at
tend at each letting of the work, and no
bid shall be accepted without his ap-
proval az to the compliance with plans
Sec: IA. The bond and contract shall
pc attached to each other, and the con-
tEaet saaall contain the specific desorip-
&p =cificattons, and refer to the number
Of the section Or sections, as provided for
Vide that the worE shau be e done and
completed as provided for in the report
OF the engineer and subject to his ap-
Commissioners. Such contract shall be
drawn to the satisfaction Of tho engineer.
Every. such contract shall embrace the
Laws OF 1895, as amended by the provis-
Ions of chapter 3O7, General Laws Of 1897,
applicable thereto, and shall provide that
tract. IN that il there should be any fail
ure to perform tho work according to
the terms OF said contract. within tho
time limited therein. originally. or by OK
tension, the contractor Shall forfeit and
pay to the county q certain sum, to be
named therein, and which shall be fixed
by the .o county auditor, for each day that
sion Of time shall be granted unless ap-
piled for in writing to the auditor, stat
ing to his satisfaction good and sufficient
affect the right to enforce such forfeit
ure, If any, as shall occur after the time
originally limited. and before such ex--
the extension The bond shall expressly
provide that the bondsnlen shall be liable
for all damages resulting from any such
failure, whether the work be resold or
not, and that any person showing him
self injured by such failure may MAIN
tain an action upon such bond In his
own name and that such actions may be
successive in favor of all persons so in
jured. Such contractor shall be conlstd-
cred g. public officer and such bond an
official bond within the meaning OF Sec
Statutes 1894.
Sec. Is. If job be not completed with
in the time fixed In the contract therefor,
it shall be the duty Of the bondsrnen to
notify the county auditor in writing Of
that fact within five days after the ex-
pdration Of the time fixed in the contract,
bondsmen to complete said Job Within
a time specified by him, and they shall
receive from the county the amount due
on such Job, or part thereof, that they
40 Loco Ilo
ton for forfeiture. If any. The amount
due said bondsmen for such work shall
be determined by said civil engineer:
hereinbefore specified by the original con-
tractor and the completion Of which
shall not be undertaken by. the bonds
ten days after such order, or of the fall
ure to complete which the bondsmen
shall not SO, notify said auditor, shall be
resold by the county auditor after ten
days notice by publication, to the lowest
responsible bidder. but not for a sum ex-
ceeding fifty per cent in excesss Of the
not a second time to the same party. A
contract and bond shall thereupon be en-
tered into as hereinbefore provided, and
such contract shall provide for the com
months from the date thereof. Such ex-
cess. If any, shall be recoverable against
the bo1dsmen or ON the original gin contract g.;
civil engineer. on being notified. by any
contractor that his JOB is completed to
inspect the same. and If he find 1t com,
Specifications, he shall accept It, and give
to the contractor a certificate Of accept
ance, stating that said section OF sec
tions (by number) are completed accord
ing to the contract, plans and speeifica-
tions, set forth In the report Of said
engineer, whereupon, If approved by the
the presentation and surrender OF said
certificate OF acceptance by said contrac-
tor to the auditor, said auditor shall draw
county for the full amount found to be
due ON said contract, or preliminary GER
ttficate, as hereinafter provided for, and
said 5;t1n shall be patd out Of the
board of county commissioners, as here
matter specified. Said warrant shall
become due and payable out of said fund
said fund to pay said warrant when the
same Is presented. the county treasurer
shall. endorse said warrant, "Not paid
such endorsement: and the amount of
said warrant shall draw interest at the
rate of six per cent per annum until
said county, and paid; provided, how
ever, that the engineer, upon the writ
ten approval of the auditor, may issue
coed fifty per cent OF work already done
and approved. which certificates shall be
treated as hereinbefore prowided; but mo
when accompanied by the engineers writ.
ten certificate that no loss will result
hherefrom.
or bitches are proposed to be located and
established are hereby authorized to Is
sue the bonds of said county An such
pose Of defraying the expenses incurred
or to be incurred in locating, constructing
and establishing the same, said word
to cover every item Of cost of said ditch,
from it's inception to Its completion, and
all fees and expenses to be incurred IN
pursuance thereof and the said counties
shall be reimbursed as hereinafter pro
vided. Said bonds shall, bear interest at
a rate not exceeding six per cent, and
ten years, at the option Of said board of
county commissioners: and the said COM
mfssioners shall provide q fund for the
payment of annual interests on said
bonds The bonds Issued under the pro-
visions Of this act shall be signed by the
chairman Of the board of county com
err Of said and bs
keep a record Of the bonds issued under
the provisions of this act. The said
board shall have the power to negotiate
the interest Of said county: provided.
that they shall not negotiate the same at
less than par value. All such bonds shall
IN s! w Ts the fs and
pursuant to the authority of this act
The county commissioners are also here
by authorized and empowered to transfer
from the general revenue. fund Of the
county to such drainage fund any sur
plus moneys that may be In such revenue
fund that can be properly used for tine
purposes Of this act -. ....
Sec. IS At the earliest practicable
time after the letting Of the contracts
for the construction Of any ditch drain
or water course, as herein provided, the
county aa1tfdJtor shall make In tabular
form, a list and statement showing the
following facts, and in the order named,
VIZ: r. ,-s oz.-sG.
First-The names Of the owners of all
lands and the ma rnea of all ri1hlic or. cor