The Ely miner., 1909-04-30

such bond in hts own name and that such
actions may be successive in favor OF all
/ Such contractor shall be considered a
| public officer and such bond an official
bond within the meaning of the statutory
provisions constituting such official bonds
OF public officers as security to all per-
sons and providing for actions on such
bonds by any injured party. in the Dis
| trict Court.
Sec. 10. MODIFICATION OF PLANS
The engineer, If there be one. and II
| there is no engineer then the board, shall
have the right to modify the plans ana
establishing said ditch as the work pro-
| ceeds and as circumstances may require
! provided no changes are made that Will
any part Of the ditch or substantially
alter its original character or increase Its
total cost by more than two per centum
struction thereof.
Sec. 20. FAILURE OF .CONTRAC-
TORS-H job be not completed within
1 the time fixed in the contract therefor
bondsmen in writing and order them to
complete said job within time specified
! by him.
t 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 complete
said JOB upon the giving Of a., bond G1n
contractors bond.
The Board shall determine the pro-
tor OF the contract price to be paa
thereof to be paid to the parties complet-
| ing said ditch.
| The petitioners and ell other parties
damaged or injured by the failure of the
contractor to complete his job as called
| for by his contract shall have right of ac-
tfon and recover against the bondsmen.
| Sec. 21. DAMAGES-PAYMEN Of
No 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 stablishing said
ditch and acceptance Of such payment
shall be taken as waiver of all o5jec-
tions to said order and to the proceedings
leading thereto on the part of the payee
and Of all persons for whom he Is law
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
capable, refuse to accept payment, or If
i for any reason 1t be doubtful to whom an
award should be paid. the petitioners
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
ment OF said award. If an appeal be
taken from the award Of damages then
when judgment is entered fixing the
|
pay said damages as fixed by the judg-
I ment OF the court. with costs and interest
IN the same manner as II said damages
as as + fixed by the Judgment Of the Court
amount originally awarded in the order
establishing said ditch.
| Sec. %. CERTIFICATE OF COMPILE
| TION-If no engineer has been appointed,
then said ditch shall be constructed under
/ the supervision Of the board which shall
have authority to approve the same. >.
ditch shall be constructed under the su-
pervision Of said engineer who shall have
authority to to approve the same: ,,
that said ditch is completed he shall no.
tify the engineer II there is one, and II
not. call meeting Of the Board.
Thsreupon Iooa said engineer m m or sal, said Board;
ditch and If found complete and accord
ing to the order establishing the same,
! shall certify to said fact in writing and
| file said certificate In the Office Of said
Town Clerk.
The contractor or contractors shall
upon said certificate being fled, be. en-
titled forthwith to payment in full from
said petitioners.
Sec. %. STATEMENT AND SUM
MARY-Upon the fling Of said certificate
of the Board or Of the engineer. as the
earliest, practicable time, make q tabular
list and statement showing the following
facts and in the order named. :,
l
lands benefited by the construction of
| such proposed work as appears from the
order establishing said ditch as affected
by the Judgment OF the District Court on
g The description Of such lands as
| the same appears In said order establish
with the total number of acres in each
tract according to the assessment rolls
or tax lists Of the county.
/ 8. The estimated number " acres ben
I pf1fa6
as aforesaid.
/ 4. The estimated amount of benefits
and damages to each Of said tracts of
changed, on appeal, by the District Court
8. The respective public roads and
streets benefited by said ditch. the esti-
mated amount Of such benefits to each of
said public roads and streets, and the
names Of the respective cities and towns
and villages charged with the repair
tabiishfng said ditch, as affected by the
| Judgment of the Court on appeal.
6. The amount that each Of said trc cts
lagos and cities that are charged with
the repair of the several benefited public
roads and streets, will be liable for and
must pay for said ditch to be determined
Said Town Clerk shall make full
statement showing the total cost OF
paid and the amount paid.
| Said statement shall be summed up to
! show in figures the total cost Of each
ditch and Shall be attached to and form
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
| Of cost on each dollar of benefit, not u.s.
ing a smaller fraction than 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
tanned shall be the amount that each OF
said tracts of land will be liable for on
account of such Improvement.
The amount of estimated benefits tc
tiplied by said rate and the result Sc,
down opposite the name of the respec-
tive towns, villages and cities charged
with the repair Of said respective roads
each Of said towns. villages and cities
will be liable for on account of such i'm
! provement.
/ All assessments against tracts of land
/ owned by any one or more petitioners
shall be marked paid by the Town Clerk
balance Of the assessments shall be ulti-
mately paid over when collected to said
petitioners to recompense them for the
costs advanced ,,,1 On said 1 ditch or
MENT AND sUMMARY-such state.
ment signed by the Town Clerk in the
! presence of two attesting witnesses and
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
liable for and the interest thereon as
| hereinafter prOyided shall he and reYuaiy1