St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10

lIlsII!''ls, q q All TEE
ing himself injured by such failure. may
own name. and that such actions may be,
successive in favor OF all persons SO in
jnrsd, Such contractor ofsrar snd snail alb be eoasid,
official bond within the meaning. Of the
statutory provisions constituting such Of
fetal bonds of public officers as security
to all persons and providing for actions
Sec. 18. If q job be not completed with
in the time fixed In the contract there
for it shall be the Of the bonds
county in which. any part of the lands
affected thereby is located, in writing, Of
that fact. within five % days after the
expiration Of the tn Time aud dxed IN II ). the con
as the case may be, shall, in writing, duly
dated. order said bondsmen to complete
said job within a time specified by him
from the proper county or counties, as
the case may be, the amount due on such
JOB or part thereof, thai they have so
completed less the 1 Rrep 8 deduction for
bondsmen for such work shall be deter
mined by said engineer; provided, tina a
job not completed, as hereinhefore >speci-
a damd, :, by the ~ tor MIich s%a15 mdt and the
taken by the bondsmen as h%ereinbefore
provided, within ton (1O) days after the
date of such order. or Of the failure to
so notify said auditor, or auditors, as the
auditor, or auditors, as the case may
be, after ten go days day notice Of
bidder, but not for a sum exceeding fifty
(5O) per cent in excess Of the original es-
tinnated cost of such work, nor a second
time to. the same party; A contract, and
hereinbefore provided, and such contract
shall provide for the completion of the
work resold within six months from the
be recoverable against the bondsmen on
Sec. II. It shall be the duty Of the en-
gineer,. on being notified by my contractor
same. and If he finds it complete accord
ing to the contract, plans, and specifca-
tons. he shall report that fact to the
county auditor, and give to the contractor
sections (by number), or other jobs Of
constructions, are completed according to
h contract plans, and specifications, as
set forth in the report Of said engineer:
provided, tina when the work for which
such certificate is to be issued affects
more thar one county, proportionate Ger
tiicates, shall be issued, .whereupon,
if il, a a9a,90,s b by tb the co county ~ auditor it;
upon presentation and Surrender of
said certificate with such approval
indorsed thereon, To- the auditor of the
shall draw a warrant on the county
treasurer Of his county for the proper
tionate amount found to be due in re-
epnfT ct landT IN 9 to s eegnt Sre1 IN said
certificates. as herein provided; and that
said warrant shall be paid out Of the gen
eral ditch fund to be approved by the
matter specified. Said warrant shall be-
come due and payable out of said fund
at once. if there shall be no cash in said
fund to pay, said warrant when the same
Endorse said warrant Not paid for want
of funds" and date and sign indorse-
ment, and the amount Of said warrant
cent per annum until called in by the
treasurer or auditor Of said county and
paid; provided, however, that the auditor,
Upon the written approval Of the en-
for not to exceed seventy-fve O5) per
cent of work already lone and approved,
within the county Of which he IS such
eudiitor. which certificate shall be treated
certificate shall be furnished except when
accompanied by the engineers written
certificate that no loss will result there
from.
It shall also be the duty of the en-
gineer to inspect the laying Of tile, ex-
cavation and all other work of construc-
ton from time to time as provided for
IN the specifications n provisions in his
report, and as provided for in the con-
tract for construction, and his services
Tor Tor making such inspection shall be paid
a as his services in making his origin
al survey and report.
Sec. 10. The county board Of commits
si nn1 Of each and every county wherein
or partly located and established are
hereby authorized to issue the bonds of
the1r respective counties in such amount
as may ne necessary to defray, in whole
incurred In locating, constructing and
establishing or repairing so much Of any
such ditch as may be located within such
county; or IN such relation to such coun-
terms OF this act. The word Expense
shall be constructed to mean and to
cover every item of cost of said ditch
from it's inception to it's completion. and
all fees and expenses to be- incurred in
pursuance thereof.
Such bonds shall. be payable at s,1ct
TINS or times not to exceed twenty years
OF interest, not to exceed 6 per cent pei
annum.. payable. annually. or semi-annu-
Ivy all as the board Of county commits
Each bond shall contain a recital that Il
is issued by authority of and in strict ac.
cordance with the provisions of this act
or IN such form as the state board OF
investment may prescribe, and shall he
signed by the county auditor, who shall
Keep a record thereof.
Said board shall nave power to neeo.
tat, tat said bonds as they shall deem for
f foe l 9sst t iheere fhei of sal said county; but MOI
ceeds from the sale of all such bonds
shall be placed in a general ditch find
Which is hereby created. ~
Such board shall provide moneys for the
said bonds as they severally mat,1r q
e %h1ch di mtGpne y,sn shall t b placed in the gen
may transfer any surplus moneys remain.
ing in the general revenue fund
ca q proper; fun Ids ,,se Of ft the county which
this act. into which fund shall also be
paid all moneys received from the nav.
ment Of any liens created under the pro.
visions visions of this act. And such board is
issued under the provisions of ms chan.
ter out of any available funds in III
county. treasury, when the moneys on
hand In the general ditch fund Of the
ment Of bonds issued in ditch proceed.
iEgs when the same mature, but the fl1ni
from which such moneys have beer
taken or used for the payment of bonds
as they mature shall be replen1shed, and
paid assessments, for bitches, drains. q,
water courses constructed under n bro.
ceedings had hereunder. 20
Sec. -. 1t the earliest practicable
time after the letting of the contract fol
the construction of anv ditch q - borair
provided, the auditor Of each county AZ.
fected thereby shall make in tah,1ia,