St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1909-05-07

I the work be resold or not, and that any
person showing himself injured by such
failure may maintain an action upor
such bond in his own name n that suct
actions may be successive In favor Of al
persons SO injured.
public officer and such bond an ofac'a
bond within the meaning Of the statutory
provisions constituting such official bonds
Of PUBLIC officers as security to all per
bonds by any injured party, in the Dis.
trict Court.
Sec. 10. MODIFICATION OF PLANS
The engineer. If there be one, and II
have the right to modify the plans and
specifications contained in the final order
establishing said ditch as the work pro-
ceeds and as circumstances may require
provided no changes are made that will
substantially impair the usefulness OF
any part Of the ditch or substantially
alter Its original character or increase its
of the total contract price for the con.
struction thereof.
Sec. 20. FAILURE OF CoNTRAC-
iTORS-f q job be not completed within
the Town Clerk shall forthwith notify the
hondsmen in writing and order them to
complete said job within a time specified
by him.
If the completion Of said job shall not
be undertaken by said bondsmen within
twenty days after the date of said order,
the petitioners may proceed to complet
tanning like conditions as the original
contractors. bond.
The Board shall determine the pro-
portion of the contract price to be paid
to the contractor and the proportion
thereof to be paid to the parties complet-
ing said ditch.
damaged or injured by the failure of the
contractor to complete his job as called
for by his contract shall have right Of &C.
ton and recover against the bondsmen.
No ditch shall be constructed until the
deposited as follows: L.
Payment Of the damages awarded may
be made or rendered at any time after
the filing Of the order establishing said
ditch and acceptance Of such payment
shall be taken AS a waiver of all obiec-
leading thereto on the part of the payee
and of all persons for whom he is a w
fully empowered to act.
Of damages is made. be not a resident OF
the State or his place Of residence be
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 out under the direction of the
Board, and unless an appeal be taken as
herein provided. such deposit with the
said treasurer shall be deemed a pay
taken from the award of DAMAGES then
when Judgment Is entered fixing the
amount of damages, the petitioners shall
pay said damages as fixed by the judg-
ment OF the court, with costs and interest
tn the same manner as If said damages
as fixed by the judgment of the Court
With y b., costs and interest had been the
establishing said ditch.
Sec. %. CERTIFICATE OF COMPILE
IlON-H 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-
peryision Of said engineer who shall have
authority to approve the same.
Upon. the Town Clerk being advised
that said ditch is completed, he shall no
tify the engineer, if there. is one, and if
T%hereupon said engineer or said Board.
as the case may be, shall Inspect said
ditch and If found complies and accord
shall certify to said fact in writing and
Town Clerk.
upon said certificate being fled. be ', en-
titled forthwith to payment in full from
said petitioners.
See; q: STATEMENT AND SUM
MAR4-CpOn the ming or SAID certificate
Of the Board or of the engineer, as the
case may be, the Town Clerk shall, at the
earliest practicable. time, make a tabular
Hst \ statement showing the following
|. l.. The names Of the owners Of all
lands benefited by the construction OF
such proposed work as appears. from the
by the judgment of the District Court on
appeal.
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 IL 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
changed, on appeal, by the District Court.
5: The respective public roads and
said public roads and streets. and the
names Of the respective cities and towns
and villages charged with the repair
tabiishing said ditch. as affec,cd by the
judgment of the Court on appeal.
., s i,n The sn am t%nt IT. that aah e each iai Of said; said tr' ct cts
lagos and cities that are charged with
the repair Of the several beneftei public
roads and streets. will be able for ana
| - poE w. ooAu dALSAA ~ 10 uSIVI1lIQSu
as follows:
Said Town Clerk shall make a full
sneb dfteb t 550Ui is in tas total Il e., cost toro Of
pletion. show to whom paid, for what
paid and the amount paid.
Said statement shall be summed up to
shoW IN figures the total cost If each
a part of the list and statement herein
provided for.
The total cost shall then be divided by
the total estimated benefits for the rate
ing a smaller fraction than one.tenth OF
one mill.
The amount Of estimated benefits tc
each tract Of land shall be multiplied
the proper column opposite each Of said
tracts Of land, and the result so OBJ
tanned shall be the amount that each OF
said tracts Of land will be liable for on
account OF sue Improvement.
The amount of estimated benefits to
each public street Or road shall be mui-
tiplied by said rate and the result set
tive towns, villages and cities charged
with the repair Of said respective roads
and streets and shall be the amounts tha
each Of setd towns, villages and cities
provement.
All assessments against tracts of land
owned by any one Or more petitioners
s" # is y th maf intent Ra9' Of y this 5hs act ra~ {ha G'e ths
balance Of the assessments shall be ulti-
mately paid, over when collected to said
petitioners to recompense them for the
NEST EsS; 4 AND 5hs s1MRHR42 81 hsr ATE.
ment signed by the Town Clerk in the
acknowledged by him. shall then be duly
filed with and recorded by the REGISTER
of Deeds Of each county in which lands.
roads or streets are located, that are de-
l corthoH in cold cfafarnonf