The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1913-05-02

registered certificates SO called, as the pur-
chasers may prefer y
Sec. 4. All bonds or certificates 50 issued
shall be signed by the mayor, attested by the
city clerk, and countersigned by the city
comptroller cor Of said city; and be sealed with
the coupons attached thereto, if any, may be
lithographed None Of such obliga tons shall
value and accrued interest or to any but the
highest responsible bidder therefor.
Sec 5. This act shall not apply to any city
whose inhabitants have adopted charter pur-
suant to Section 36. Article 4, of the state
Approved April %, 1913.
CHAPTER Ssh. F. No. S14
AN ACT to amend Section seven % Of Chap
ter three hundred and eighty-four 1884 Of
the General Laws of Minnesota for 1911
relating to drainage.
Be it enacted by the Legislature Of the State
Section l. That Section : of Chapter ss4
be, and the same hereby is. amended SO as
to read as follows:
Sec. Is; The bond and contract shall
work to be done, either expressly or by rer-
erence to plans and specifications, and refer
to ne number OF the section or sections. as
shall provide that the work shall be done
and completed as provided for in the report
of the engineer, and subject to his approval
and that Of the auditor or auditors, as the
case may be- .
Such contract shall be drawn to the sa,-
torney. Every such contract and bond shat,
embrace all the provisions provided by law
for the gvng Of bond by for
ter security of the contracting county or
counties and of the parties PERFORMING labor
performance OF such contracts and shall pro-
vide that time shall be of the essence of the
a in that If # there n should be any fall
terms of said contract within the time Inn
tied therein, originally bv extension, the
ty in Which the portion Of tie work Ike in n' de-
fault shall be located. certain sum. to De
the County auditor or auditors. as the eu easy 1
may be- for each day that such failure shall
No snnaa f of the time shah
Stating to his or \their satisfaction good and Si
tension affect the right to enforce such for
feiture, If any: as shall occur after the time
bo on shall be liable for all damages s,as
resulting from any such failure, whether the
work be resold or not. and that any person
showing himself injured by such failure may
MAINTAIN an action upon SuCh pond In his
successive in favor Of all persons SO injured
Such contractor shall be considered a public
the meaning of the statutory provisions con.
STRUNG such. official bonds of public officers
action on such by @ nured par r9
in the district court.
Provided, that at the end Of each year Of
each sessions work, after giving such con-
and ACcGDtanCe or such lob of
the contractor may make verified application
to the tn 9s e e0dd IN a,S Of Se
! the district court of the county where the
proceedings were instituted. setting forth ap-
completed and total amo-nt of other work
completed. the contract price thereof and the
OF bV ts am tSs
of money received by contractor. and further
setting forth the amount then owing un.
already furnished in the matter of the com
pletion of such contract, and asking order
| Provided, that whenever thing Is used in
the construction of any ditch or drain or any
part thereof and the petition for, said drain
commencement of advertising for the sale OF
the Job or jobs for the construction Of the
! same upon a request of a majority Of the
petitioners in writing therefor filed with the
county auditor of the proper county, such
whole tile work the contractor Of any par
! thereof; as the case may be, to guarantee all
| Oh SuCb tie Work zone Dy any such
tractor for, a period of three years after the
completion of any such contract against any
fault or negligence on the part Of any such
contractor and any failure during said perfnd
| Of any part of said tile work constructed BY
any such contractor. to accomplish the pur.
pose Of drainage for which it was intended
| shall be prima facie evidence that the same
| Is due to the fault or negligence Of said CON
tractor. Notice of such request shall be Civ
en- by the county auditor in the advertisement
for sale of such job jobs.
The said contractor shall ave good and
sufficient bond for the performance of such
| undertaking and contract. The acceptance
! of such tile ditch by the engineer or COUNTY
board shall not relieve or exempt said con-
| tractor or his bondsmen from the liahilit,
! herein imposed on. said contractor for said
three year period.
I Upon receiving such application, the said
| judge of the district court or the said comfy
| board, the case may be. shall proceed ia
hear. consider and determine the said an
plication upon such notice as shall be di
rected by such judge or by such county
board respectively, and il upon such hear,
ing, it is determined; that no loss will result
| thereby the said judge.or said county board
may by order reduce the penalty Of such bond
able by ouch judge or such County board. as
| the case may. be- but such reduction shall in
no case exceed by more than twenty-five mar
| cent the amount already paid to the con.
tractor and such reduction shall not affect The
validity or the enforcement, in anV man
ner otherwise affect the remaining amount 81
the penalty Of such bond. - -
Approved April %, 1913. CO. - -. -,