The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1905-04-29

fling Of the order establishing. judicial
dteh ths 0 rsf m asfa ns sss 'f tie
spective Counties, meeting for that pur-
the e fRe Of 5hs andter Of pena
ing, shall proceed, as hereinafter pro-
vided, to sell the jobs Of digging, and con-
structing the entire work. either as one
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
the one including the outlet, and thence
in succession up the stream to the one
including the source. The auditor or az
the approval of the engineer, sell sepa-
rately from the jobs Of excavation, any
jobs of building Of fumes or other wood
struction work specified in the engineers
report. The auditor or auditors, as the
case may be, shall contract in the name
OF the IN the na onse OF be-
each acting by and through its auditor,
with the party to whom any of such jobs
of construction work or any section or
construct the same in the time and man
ner, and according to the specifications,
provisions and form Of contract, set forth
the ditch is established; and shall take
from him bond in the penal sum of not
less than the contract price, with not less
than two (2) freehold sureties, payable to
the county, or to the respective counties,
or any two or more of them as the case
may be, for the use Of such county or
counties, as the case may be, and also
themselves to be aggrieved or injured by
any breach thereof, or of the contract for
which such bond is given; to be by said
+hn h0
approved, conditioned that said party
shall faithfully perform and fulfill his
contract and pay all damages which may
accrue by reason Of the failure to com
the time required in the contract there
for and otherwise conditioned as in this
act provided, which bond shall include a
teration or addition to. the terms OF the
contract or specifications shall in any
wise affect the obligation of the principal
The auditor Of the county in which the
proceedings were taken shall give notice
of the letting Of such contracts by pub
the official paper Of such county, Of the
time when and the place where such con-
tracts shall be let to the lowest RESPONSE
BILE bidders: and in such notice shall state At e
the approximate amount of work and the
ehe vets Go5 she 5ob aha |
or more Of such sections or any one or
more of such construction jobs, and shall
reserve the right to reject any and all
bids, and no bid shall be. entertained
which exceeds more than thirty (9U per
cent the estimated cost of the construc-
ton of the part Of said work covered by
said bid; nor unless accompanied by a
certified check, payable to the auditor, or
to the respective auditors, as the case
may be, for not less than ten do) per
cent Of the bid and said auditor or audi
tors may adjourn such letting. from time
to time until the whole work shall be
toll with ha
gineer, may let any one or more OF such
Sections; or any one or more OF such con.
struction jobs, when the estimated cost
Of the construction is more than 100000,
the auditor may also advertise such let
ting in a trade paper; if no bids are re-
ceived which can be entertained the
bondsmen for the petitioners may nave
fhe sR ensnsef shall attend to tie letting Of
the work and bid shall be accepted
without his approval, as to the compll-
ance with plans and specifications.
Sec. 15 The bond and contract shall De
attached to each other and the contracs
shall contain the specific description OF
the work to be done, either expressly or
by reference to plans and specifications,
and refer to the number Of the section or
sections, as provided for in the preceding
shall be done and completed as provided
for In the report Of the engineer, and sup
ject to his approval and that of the audit
or, or auditors, as the case may De:
Such contract shall be drawn to the sat
isfaction of the engineer and county at
torney. Every such contract shall en-
brace all the provisions PROVIDED by law
public works and Improvements and for
the better security of the contracting
county or counties and Of the parties
performing labor and furnishing material
In and about the hsa he ct
shall be Of the essence Of the contract,
in that If there should be any fallure 10
perform the work according to the terms
therein, originally or by extension, the
contractors shall forfeit and pay to the
county in which the portion of the work
suu to be named therein, and which
shall be fixed by the county auditor, or
auditors, as the case may be-, Tor each
day that such failure shall continue. No
extension 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 SUI
tension AFFECT the right to enforce such
the the tine time originally limited and before
such extension, or occurring after the
expressly provide that the bondsmen
shall be liable for all damages resulting
from any such failure, whether the work
be resold or not, and that any person
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 con-
an official bond within the meaning Of
the statutory provisions constituting such
official bonds of public officers as securi-
ty to all persons and providing r for ffa ac
party in the district court.
Sec. 49, If a job be not completed
within the time fixed in the contract
therefor it shall be the duty Of the bonds
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
ditors, es the case may be, shall, In
writing, duly dated, order said bondsmen
to complete said job within time specl-
fed by him or them, and said bondsmen
shall receive from the proper county or
counties, as the case may be, the amount
due on such job or part thereof, that they
have so completed, less the proper deduc--
due said bondsmen for such work shall
be determined by said engineer; provided,
that job not completed, as hereinbefore
the completion Of which shall not be I'M
fore provided, within ten dol> days after
the date, Of such order, or Of the failure
to complete which, the bondsmen shall
not so notify said auditor, or auditors,
as the case may be, shall be resold by
the auditor, or auditors. as the case
may be, after ten uo) days. notice by
publication, to the lowest responsible bid
der, but not for sum exceeding fifty
(5O) per cent in excess Of the original
estimated cost of such work, nor second
time to the same party A contract and
+, bond shall thereupon be entered into as
hereinbefore provided, and such contract
shall provide for the completion Of tho
work resold within six months from the
date thereof: Such excess, If any, shall
be recoverable against the bondsmen on
the original contract.
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