Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-03-31

4 FRIDAY, MARCH III 1905.
Il
Whoever shall perform or cause to be-
performed any work or labor or furnish or
cause to be furnished any skill or mate
rial, including any work, labor, skill or
material necessary In the repair OF any
tool or machine, and including the use Of
any tool or machine or mat erial, furnished
particularly for such contract and used
therefor in the execution OF such con-
tract at the request OF the contractor,
or his agents, or at the request Of
any subcontractor or his agents, shall
be considered a 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 performed, or skill
or material furnished in the perform.
ance Of such contract, whenever his
claims are not paid when due. AT
the time Of bringing such suit the
plaintiff shall cause a copy of his COM
plant to be filed with the secretary
of the board. Any party having .
cause of action on such bond may In
tervcne or be implicated in any action
which may be brought thereon, and
in such case the court shall deter
mine the rights OF all parties, and II
the amount realized on such bond
shall be insufficient to discharge all
claims in full, all claims Of the state
of North Dakota shall be first paid,
and claims for labor not exceeding
$500 for any one claimant shall next
be paid, and the balance, If any, Of
the proceeds Of the bond shall be dis
tributed pro rata among the remain
ing claims.
A subcontractor, within the mean
ing of this section, is a person who
enters into a specific contract to per-
form all or some part Of the work re-
quired to be done under the original
contract. a-# IN
No action shall be maintained on
any such bond, nor Intervention be
allowed in any action pending there
on, by any person, firm or corpora
ton other than the state Of North
Dakota, unless the plaintiff or inter
venor, as the case may be, within
ninety days after performing the last
item of work or furnishing the last
item of skill or material, shall have
served upon the principal in said
bond, and upon one of the officers or
said board, a written notice, specify
ing the nature and amount of his
claim and the date Of furnishing the
last item of work, skill or material,
No action on such bond shall be COM
menced nor Intervention allowed in
any pending action thereon by any
claimant, except the state Of North
Dakota, after one year from the time
such claim became due. 4
The provisions of sections 1902,
1903 and 1904 of chapter 70, revised
codes Of North Dakota, 1899, and the
provisions of chapter 1873 of the laws
of 1901, approved February a., 1901,
shall not apply to contracts provided
for by this act. -
Sec. 9. Such parts of or materials
in the present state capitol building
as shall be determined by the board
to be unavailable for use in the work
Of reconstruction shall be disposed Of
by the board, either by sale, in which
case bids shall be advertised for and
received in the manner hereinabove
provided for letting contracts, or by
agreement with the person contract
ing to remove the same, by some ap-
propriate provision in the contract.
The proceeds of all such sales shall
be paid to the state treasurer by the
vendees, before the title to such prop
perty sold shall pass, and shall be
credited to the capitol building fund,
to he used in carrying out the provi-
sions of this act. e. j.
Sec. 10. To the end that funds
may be provided for carrying out the
provisions Of this act, it is hereby
made the duty Of the board Of uni
verstty and school lands to proceed
with as much dispatch as can be used
without sacrificing the lands, to sell
and dispose Of all lands remaining to
the state, of those granted to the
state for the purpose Of erecting pub
nc buildings at the capitol of the
state, by the provisions OF sections
IL and II, Of the act of congress an
proved February %, 1889, known as
the enabling act, under which this
state was admitted to the union.
Such sales shall be conducted in the
manner and upon the terms, provided
by the existing law OF this state.
The proceeds of such sales, together
with the proceeds Of sales Of such
lands heretofore made, shall be cred
Tied to and form q part Of the capitol
building fund, to be used for the pur-
pose OF carrying out the provisions Of
this act. 1t is hereby made the duty
Of said board Of university and school
lands, in the manner and upon the
terms provided by existing law, to
offer for sale, from time to time, a
sufficient quantity Of said lands to
produce the funds necessary to nay
when due the principal and interest
OF the capitol land grant certificates
hereinafter authorized to be issued.
Sec. IL. In addition to the other
powers granted them by this act. the
board Of capitol commissioners 10
hereby authorized for the purpose OF
the receipt Of the pro
ceeds Of the sales OF the lands re-.
ferred to in section 10 OF this act. to
Issue certificates Of indebtedness bear