The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-17

| A4~J CO NohSh HUH SuCH dCllOu DIS III
Sec. 5. That section twelve d2) of said chap
! Ter or SAID act be and pthe same hereby is
| amended SO as to read as foiI8ws.65 .4Cf E
| sec Il If more than one party sappeals,
| the court may. in his discretion. order the
| cases consolidated and. tried together: in such
| case the right of each party shall be separate
/ ~ determined by the jury in its verdict
sec. q. That section thirteen q3) of said
| chapter of said act be and the same hereby is
amended so as TO read as follows:
| sec. 10. Within ten (10) days after the filing
IN the office Of the county auditor of the order
OF confirmation Of the board of county COM
/ nlssioners, or, when the proceedings are taken
| in court, then within ten Q0) days after the
| Ming of such order in the Office Of the clerk
| the auditor. in the first instance and in the
| second instance the auditors of the respective
! counties. meeting for that purpose at the Of
| f1ce of the auditor Of the county in which the
proceedings are pending, shall proceed, as
| hereinafter provided, to sell the Jobs Of dig
glng and nstructing the entire work. either
! as one job, or in one more linear sections
! Of one hundred feet each, each of said sec
| tions to be known and numbered by the stake
| or monument set by the engineer at the foot
| of each such section, as shown in the engi-
neer'S report commencing at the one including
| the outlet, and thence in succession up the
stream to the one including the source. The
auditor, or auditors, as the case may be, shall
contract in the name of the county, or in the
| name OF the respective counties as the case
may be, each acting by and through its au-
ditor, with the party to whom a section or
sections is or are Sold requiring him to con-
Struct the same in the time and manner set
forth IN the report of the engineer, on which
the ditch is established; and shall take from
him bond in the penal sum of not less than
twice the contract price, with not less than
two (2) freehold sureties, payable to the coun-
ty, or to the respective counties, or any two
or more of them as the case may be- for the
use OIL Such county, counties the case
may be, and also for the of all persons
VINO may show themselves to be aggrieved or
injured by any breach thereof or of the CON
tract for which said bond is given; to be by
said auditor, or auditors the case may be,
approved, conditioned that said party shall
faithfully perform and fulfill his contract and
Fay all damages which may accrue by reason
of the failure to complete the work in the
manner and within the time required in TIE
contract therefor anG other wise conditioned
as in this act provided.
The auditor of the county in which the pro-
ceedings were taken shall give notice of the
letting Of such contracts by publication for
three 90 successive weeks, in the official pape,
OF such county, of the time when and the
place where such contracts shall be let to the
lowest responsible bidders; and in such notice
shall invite bids for the work as one job, and
a'so for any one or more of such sections, ana
shall reserve the right to reject any and all
lids, and no bid shall be entertained which
exceeds mere than thirty 800 per cent of the
estimated cost of the construction of the pa IT
OF said work covered by said bid not unless
accompanied by certified check, payable to
the auditor, or to the respective auditors, as
the case may he, for not less than ten GO) per
cent of the bid; and said auditor or auditors
Ray adjourn such letting from time to time
until the whole work shall be taken. and with
the approval of the engineer, may let any one
or more of such sections. The engineer shall
attend to such letting of the work and no bid
shall be accepted without his approval,
to the compliance with plans and specifca-
TONS
Sec. Z. That section fourteen 90 of said
chapter of said act be and the same hereby is
amended so as to read follows:
Sec. IA. The bond and contract shall be at
t2ched 70 each other, and the contract shall
contain, the specific description of the work to
plans and specifications. and refer to the num-
her of the section or sections, provided for
in the preceding section; and shall provide
that the work shall be done and completed as
provided for in the report of the engineer, ana
subject to his approval and that of the
ditor. or auditors, as the case may be.
Such contract shall be drawn to the salts
faction of the engineer. Every such contract
shall embrace the provisions of chapter 354 Of
the General Laws Of 1895. as amended by the
provisions Of chapter 307, General Laws of
1897, applicable thereto and shall provide
that time shall be Of the essence of the con-
tract, In that If there should be any failure
TO perform the work according to the terms
Of said contract within the time limited there
H. originally or by extension the contractor
shall forfeit and pay to the county in which
the portion of the work in default shall be To-
Gated, certain sum to be named therein, ard
which shall be fixed by the county auditor, or
auditors, as the case may be- for each day
that such failure shall continue. No extern
sion Of time shall be granted unless applied for
IN writing to the auditor. or auditors, as the
case may be, stating to his or their satisfaction
good and sufficient reasons therefor nor shall
any extension affect the right to enforce such
forfeiture if any as shall occur after the
time originally limited and before such ex-
tension, or occurring after the limit Of the
tension. The bond shall expressly provide
that the bondsmen shall be liable for all d9m-
ages resulting fran any such failure whetf err
the WORK De resold or not, ana that any per-
son showing himself injured by such failure
may maintain an action upon such bond in
his own name, and that such actions may be
successive in favor of all persons so injured.
Such contractor shall be considered a public
officer and such bond official bond within
the meaning of sections 5951, 1852. 1855 and
1854, General Statutes 1884,
Sec. 8. That section fifteen G5) of said chap
ter Of said act be and the same hereby is
amended to read follows:
Sec. Is. If job be not completed within
the time fixed in the contract therefor, 1t shall
be the duty of the bondsmen to notify the
county auditor of each county in which any
part of the lands affected thereby is located,
in writing, of that fact within five 90 days
after the expiration Of the time fixed in the
contract; whereupon the auditor, auditors,
as the case may be, shall, in writing, duly
dated, order said bondsmen to complete said
job within a time specified by him or them,
and said bondsmen shall receive from the prop
err county or counties, as the case may be, the
amount due on such job part thereof, that
they have completed less the proper deduc-
ton for forfeiture. if any. The amount due
said bondsmen for such work shall be deter
mined by said engineer: provided, that a job
not completed, hereinbefore specified, by
the original contractor, and the completion of
which shall not be undertaken by the bonds
men as hereinbefore provided, within ten Q0)
days after the date of such order, or of the
not notify said auditor or auditors, as the
case may be, shall be resold by the auditor
auditors as the case may be, after ten 90
days notice by publication. to the lowest
spOnsible bidder, but not for sum exceeding
fifty 600 per cent in excess of the original
timated cost of such work nor second time
to the same party. A contract and bond shall
thereupon be entered into hereinbefore pro-
vided, and such contract shall provide for the
completion of the work resold within six
months from the date thereof. Such excess, if
any, shall be recoverable against the bonds
men on the original contract
Sec 9. That section sixteen d6) Of said
chapter of said act be and the same hereby
is amended to read follows:
'Sec. 16. 1t shall be the duty of the engi-
neer, on being notified by any contractor that
his job is completed. to inspect the same, and
if he finds it complete, according to the
tract, plans and specifications, he shall report
that fact to the board of county commission
and give to the contractor a certificate
stating that said section sections Cby
ber) are completed according to the contract,
plans and specifications set forth in the
report of said engineer; provided, that when
part of the work for which such certificate is
to be issued, if 1t affects more than coun-
ty, such proportionate certificates shall be is
sued; whereupon, If approved by the county
commissioners of the county or counties as
the case may be, and upon the presentation
and surrender Of said certificate with such ap-
prevail Endorsed thereon, to the auditor of the
proper county counties, said auditor shall
draw a warrant on the county treasurer of
his county for the proportonate amount found
to be due in respect of lands in his county on
said contract according to such preliminary
certificate. hereinafter provided and said
warrant shall be paid out of the general ditch
fund to be provided by the board of county
commissioners as hereinafter specified. Said
warrant shall become due and payable out of
said fund at once and if there shall be no cash
in said fund to pay said warrant when the
same is presented. the county treasurer shall
endorse said warrant Not paid for want of
funds and date and sign such endorsement,
and the amount of said warrant shall draw
interest at the rate of six 90 per cent per an
mum until called in by the treasurer or au-
ditor of said county and paid; provided, how