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

other cases
Sec. 5. That section tgvelve d2) of said chap
ter of said act be and othe same hereby is
amended so as to read as follows .sg ..Ci
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 separa te-
~ determined by the jury in its verdict
Sec o. That section thirteen Q3) Of said
chapter of said act be and the same hereby is
amended so as TO read follows:
Sec. IL. 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
missioners, Or when the proceedings are taken
in court, then within ten Q0) days after the
filing 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
flee of the auditor of the county in which the
proceedings are pending, shall proceed, as
hereinafter provided, to sell the Jobs Of dig
cling and constructing the entire work. either
as one job, or in one or more linear sections
Of one hundred feet each, each of said sec
tons 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-
neerS 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
IOrtn IN the report OF the engineer, which
the ditch is established: and shall take from
him a bond in the penal sum of not less than
twice the contract price, with not less than
two CD 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 OF such county, counties, the case
may be- and also for the of all persons
who 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 may be-
approved, conditioned that said party shall
faithfully perform and fulfill his contract and
lay all damages which may accrue by reason
of the failure to complete the work in the
manner and within the time required in the
contract therefor and otherwise conditioned
as in this act provided.
The auditor Of the county in which the pro
ceedngs were taken shall give notice of the
letting of such contracts by publication for
three 80 successive weeks in the official pa pei
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 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 part
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 specihca-
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 to each other. and the contract shall
contain\ tie specific description Of the work to
he done. either expressly or by reference to
plans and specifications. and refer to the num-
per OF the section or sections, as 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, and
subject to his approval and that OF the
ditor, or auditors, the 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 1898. 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-
to perform the work according to the terms
Of said contract within the time limited there
in, 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-
Cated, a certain sum, to be named therein, ard
which shall be fixed by the county auditor, or
auditors the 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. auditors, 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 ex-
tension. The bond shall expressly provide
that the bondSmen shall be liable for all do m.
ages resulting frc-n any such failure, whett er
the work be resold or not, and 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 injured
Such contractor shall be considered a public
and hOnH in
the meaning Of sections $751; 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 so 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 exDira ton 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 counties, as the case may be, the
amount due such job, part thereof that
they have SO 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 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 00)
days after the date of such order, or of the
failure to complete which the bondsmen shall
not notify said auditor. auditors, as the
case may be, shall be resold by the auditor, or
auditors the may be, after ten C10)
days notice by publication. to the lowest re-
spOnsible bidder, but not for a sum exceeding
fifty 600 per cent in excess of the original es-
timated cost of such work, nor a 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
r,1ofS0 af cold witt civ
months from the date thereof. Such excess, If
any, shall be recoverable against the bonds
men on the original contract"
Sec 8. That section sixteen 16) Of said
chapter Of said act be and the same hereby
is amended as to read as 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 con-
tract, plans and specifications, he shall report
that fact to the board of county commission
ers and give to the contractor a certificate
stating that said section or sections (by num-
ber) completed according to the contract
plans and specifications, as 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 one coun-
ty, such proportionate certificates shall be is
sued; whereupon, if approved by the county
commissioners of the county counties as
the case may be, and upon the presentation
and surrender of said certificate with such ap-
proval 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 proportionate amount found
to be due in respect of lands in his county or
said contract, according to such preliminary
| certificate as hereinafter provided and SAID
warrant shall be paid out of the general DITCH
| fund to be provided by the board of county
| commissioners, hereinafter specified. SaiG
| warrant shall become due and payable out OF
| said fund al 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.