The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-26

NAV by resolution passed by majority vote of it's
be the prayer OF the petition and order and declare
such street, alley highway vacated and discontinued
Publication of Resolution
Section 49, Upon the passage of such resolution and
the signing thereof by the Mayor in other cases. and
upon the being countersgned 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 Z29 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 of any defect in any street. road BRIDGE
Sidewalk, public utility other public place. by
OF the negligence OF its officers, agents servants unless
such street or highway upon which such injury happened
street or highway unless the claiming to have
sustained such injury loss his lawful representative
shall within thirty days, the alleged injury shall have
resulted death insanity of the person injured then
within sixty days. after the happening of such injury
other relief thereof to the Council in writing
stating the time when, the place where and the ccu-
under which such injury loss occurred and the
amount of compensation the nature of the relief demand
ed FROM the City, and give said Council ten days time after
such claim is presented within which to decide the
course it will pursue with relation such claim shall
any such action be maintained unless the shall be
commenced within year after the happening OF such
alleged injury or loss
Notice by the City of Defect
Section 23l In the prosecution of actions against the
City for personal injuries growing out of defective i'm
properly constructed highways bridges culverts streets
alleys sidewalks or public utilities it shall be necessary
order maintain said action for the plaintiff allege
and that the defect of repair complained OF
existed for than 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 49, All persons who shall maintain any
obstruction excavation defect any street. alley bridge
sidewalk thoroughfare public ground of said City by
of which claim damage shall arise against said
City shah be liable for such damage whatsoever shall be
entitled to the from said City, and action
for such damages shall be brought maintained against
said City unless such person shall be joined as
defendants and OF Judgment against the defendants
in such action execution shall issue only against the de-
fendant causing such deficiency, and the City shall not be
required to take steps to such Judgment until such
execution shall be returned unsatished; and if the City
shall pay such Judgment it shall become the owner
thereof and may enforce payment OF the same from the
other defendants and shall be entitled execution thereon
against them and to take such other proceedings udg
ment creditors are entitled to take.
Summons Published if Co-Defendant is Nonresident.
Section 233 Whenever any party is joined with the
City co-defendant any action for the nsufcency OF
street. alley bridge sidewalk thoroughfare public
ground and such party is not resident of and cannot
be found within the State service of in such
ton may be made upon such defendant upon like evidence
and like prescribed by general laws for service
by publication in other actions Provided, that personal
service may be made of the State of Minnesota and
proof of service made provided by Section 773 Gen
eral Statutes of Minnesota 1913, and with like effect
Chapter XVIII.
Police Department
Powers and Duties.
Section 254 All police officers detectives and watchmer
and ali members Of the police force of the City shall possess
all the powers OF consabeS at law and by the
laws of the State and in addition thereto shall have power
and execute any warrant, summons commitment
writ subpoena process issued out of the Municipal Court
shall have authority and arrest of the
beyond the limits of the City any person charged