Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1909-04-30

actions may be successive IN favor OF all
Such contractor shall be considered q
public officer and such bond an official
bond within the meaning Of the statutory
provisions constituting such Official bonas
sons and providing for actions on such
bonds by m injured party. IN the Dis
trict Court.
-@ ssc; ags,l MoD1 + f5eTa n OF one. P ana +
there Is no engineer then the board, shall
have the right to modify the plans and
specifications contained in the nal order
ceeds and as circumstances may require;
provided no changes are made that Will
substantially impair the usefulness OF
any part Of the ditch or ~ s%u 1nerans I'll its
total cost by more than two. per ,centun
Of the total contract price for the con-
struction thereof.
Sec. 20. FAILURE OF CONTRAC-
the time fixed in the contract therefor
the Town Clerk shall forthwith notify the
bondsmen in writing and order them 70
complete said job within q time spec'1eo
by him.
If the completion of said job shal not
be undertaken by said bondsmen Wlthln
twenty days after the date OF SAID order,
the petitioners may proceed to complete
said job upon the giving Of q bono con-
tanning like conditions as the original
contractors bond.
portion Of the contract price to be paid
to the contractor and the proportion
thereof to be paid to the parties compiet-
ing said ditch.
damaged or injured by the failure Of the
contractor to complete his job as called
for by his contract shall ave right OF &C
ton and recover against the bondsmen.
Sec. 81. DAMAGES-PAYMENT Of
Nc ditch shall be constructed until the
damages assessed shall have been paid or
deposited as follows: .
Payment of the damages AWARDED may
be made or rendered at any time after
the filing Of the order establishing sa1d
ditch and acceptance Of such Rayment
shall be taken as a waiver of all ob1ec-
leading thereto on the part of the payee
and of all persons for whom he is law
fully empowered to act.
In case n party to whom an aware
of damages is made, be not a resident or
the State or his place Of residence De
unknown or he be an infant or other per-
son under legal disability, or being legally
for any reason it be doubtful to whom an
award should be paid, the petitioners
may pay the sum to the Town Treasurer,
To- be paid and out ,11,e under sr the annd daTe 6e fak ot ta as
herein provided, such deposit with the
said treasurer shall be deemed a pay
ment Of said award. II an appeal be
amount of damages, the petitioners shall
pay said DAMAGES as fixed by the 5udg+.
ment OF the court, with costs 9s sa and interest est
as fixed by the judgment of the Court
with costs and interest had been the
amount originally awarded in the order
establishing said ditch.
Sec. %. CERTIFICATE OF COMPILE
TONI no engineer has been appointed.
then said ditch shall be constructed under
the supervision Of The board which shall
If an engineer is appointed. then said
ditch shall be constructed under the su-
pervision Of said engineer who shall have
aq 4Inon tho to aTP d% r c the sa beinr advised
that said ditch is completed, he shall nc.
tify the engineer, if there is one, and If
not, call a meeting of the Board:
as the case may be, shall inspect said
ditch and if found complete and accord
ing to the order establishing the same,
file said certificate in the office of said
The Contractor or contractors shall
upon said certificate being. filed, be en-
titled forthwith to payment in full from
said petitioners.
Sec. %. STATEMENT AND SUM
MARY-Upon the filing Of said certificate
of the Board or Of the engineer, as the
eariie asaay pr &C. Is eo time. make ss'a a tabular He iiar
list and statement showing the following
facts and in the order named.
l. The names of the owners Of all
order establishing said ditch as affected
by the judgment Of the District Court on
2. The description Of such lands as
the same appears in said order establish
ing said ditch as SO affected, together
with the total number of acres in each
tract according to the assessment rolls
or tax lists of the county.
3. The estimated number # acres ben
Gifted in each tract Of said land as shown
4. The estimated amount. Of benefits
and damages to each Of said tracts Of
land as the same appears in said order as
'N5a s. The III respective apesdi, ~ public 5ab roads ~ and
streets benefited by said ditch, the esti-
mated amount of such benefits to each OF
said PUBLIC roads and streets street and the
and villages charged with the repair
thereof, all as appears in said order es-
tablishing said ditch, as affected by the
6. The amount hat each Of said tracts
Of land and that each Of said towns. vii
lagos and cities that are charged with
roads re9a Sand and Streets eet viii be liable for ana
must pay for said ditch to be determined
Said Town Clerk shall make a full
such ditch from its inception to its com
pletion, show to whom paid, for what
paid and the amount. paid.
show in figures the total cost IT each
ditch and shall be attached to and form
a part Of the list and statement herein
provided for.
the total estimated benefits for the rate
Of cost on each dollar of benefit, not u.s.
ing a smaller fraction h a one-tenth Of
one mill.
The amount Of estimated benefits to
each tract Of land shall be multiplied
by said rate and the result set down in
the proper column opposite each Of said
tracts Of land. and the result SO OBJ.
said tracts Of land will be liable for on
account of such Improvement.
The amount Of estimated, benefits to
each public street or road shall be mul-
tiplied by said rate and the result set
down opposite the name of the respec-
tive towns. villages and cities charged
and streets and shall be the amounts that
each Of said towns, villages n cities
will be liable for On account Of such i'm
provement.
owned by any one Or more petitioners
shall be marked paid by the Town Clerk.
It is the intention of this act that the
m naae { paid "a "a" eve aSS wsem colle eee'd to to said said
costs advanced on said ditch.
m sse; p ,5 RE SIT%R H5N or STATE ATE
ment signed by the Town Clerk in the
acknowledged by him. shall then be duly
of Deeds of each county. in which lands,
roads or streets are located, that are de-
scr'bed in said statement.
The amount WHICH each tract Of land
and each town, village or city will be
liable for and the interest thereon as
hereinafter provided, shall be and remain