The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-01-29

may by resolution passed by majority vote of its
ber grant the of the petition and order and declare
such street, alley highway vacated and discontinued
Publication of Resolution
Section 228. Upon the passage of such resolution and
the signing thereof by the Mayor other cases. and
upon the being counersigned by the City Clerk it
shall be published in the official paper of the City
Copy of Resolution Be Filed With the Register of Deeds
Section 22o copy of said resolution duly certified to
by the City Clerk to be true copy shall Immediately after
such publication be filed with the Register of Deeds Of the
County and duly recorded in his office
Chapter XVII.
Action Against the City for Damages.
Section 230 No action shall be maintained against the
City account of defect any street. road bridge
of the negligence of its officers agents unless
such street highway upon which such injury happened
is actually opened used and Travelled by the public as
sustained such injury loss his lawful representative
shall within thirty days. the alleged injury shall have
resulted in death insanity of the injured then
within sixty days. after the happening of such injury
less, present his claims for compensation damages or
other relief on account thereof to the Council in writing
stating the time when, the place where and the circu
stances under which such injury loss occurred and the
amount of compensation the of the relief demand
such claim presented within which to decide upon the
it will pursue with relation to such claim shall
any such action be maintained unless the same shall be
alleged injury or loss.
Notice by the City of Defect
Section 23 In the prosecution of actions against the
properly constructed highways bridges cuverts Streets
alleys, sidewalks public utilities, it shall be
in order to maintain said action for the plaintiff to alege
and that the defect want of repair complained OF
existed for than ten days Immediately prior to the
time of the happening of the injury that said City had
actual notice and knowledge of such defect want OF
pair at the time such injury happened
Liabilities for Causing Defects in Streets.
Section 232 All persons who shall maintain any
obstruction excavation defect street. alley BRIDGE
sidewalk thoroughfare public ground of said City by
of which claim for damage shall arise against said
City shall be liable tor such damage to whosoever shall be
entitled to the from said City; and action
for such damages shall be brought maintained against
said City unless such shall be joined as
defendants and in of Judgment against the defendants
such action execution shall issue only against the de-
PENDANT causing such deficiency and the City shall be
required to take steps to pay such judgment until such
execution shall be returned unsashed and the City
shall pay such judgment it shall become the owner
thereof and may enforce payment of the from the
other defendants and shall be entitled execution thereon
against them and to take such other proceedings udg
ment creditors entitled to take
Summons Published if Co-Defendant is Nonresident
Section 233. Whenever any party is joined with the
City codeendant action for the insulcency OF
any street. alley bridge sidewalk, horoughare public
ground and any such party is resident of and cannot
be found within the State service of such
ton be made upon such defendant upon like evidence
and in like prescribed by general laws for
service may be made of the State of Minnesota and
proof of service made provided by Section 1887 Gen
eral Statutes of Minnesota, 1913 and with like effect
Chapter XVIII
Police Department.
Powers and Duties
Section 1884, All police officers detectives and watchme
and all members of the police force of the City shall
all the powers of constables law and by the
laws of the State and in addition thereto shall have
and execute any warrant commitment
writ subpoena process issued out of the Municipal Court
shall have authority to and arrest any part of the
State beyond the limits of the City charged with