The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-19

may by resolution passed by majority of its
such street, alley or highway and discontinued
Publication of Resolution.
Section u.s. Upon the passage of such resolution and
the signing thereof by the Mayor in other cases. and
upon the same being countesgned by the City Clerk it
shall be published in the official paper of the City
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 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 highway upon which such injury happened
is actually opened, used and travelled by the public
street or highway unless the person claiming to have
sustained such injury loss his lawful representative
shall within thirty days, the alleged injury shall have
resulted IN death insanity of the person injured then
within sixty days after the happening of such injury
less present his claims for compensation, damages
other relief thereof the Council in writing;
stating the time when, the place where, and the crcum
stances under which such injury loss occurred and the
amount OF the OF the relief demand
ed from the City and give said Council days time after
such claim is presented within which decide upon the
it will pursue with relation such claim shall
any such action be maintained unless the shall be
commenced within one 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 tor personal growing out of defective i'm
properly constructed highways bridges cuvert, streets,
alleys, sidewalks public utilities, it shall be necessary
in order to maintain said action for the plaintiff aege
and that the defect of repair complained of
existed for than ten days Immediately prior to the
actual notice and knowledge of such defect 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 in any street alley bridge
sidewalk horoughare public ground of said City by
of which claim for damage shall arise against said
City shall be liable for such damage whatsoever shall be
entitled to the from said City and action
tor such damages shall be brought maintained against
said City unless such shall be joined
defendants and in of judgment against the defendants
IN such action execution shall issue only against the de-
PENDANT causing such deficiency and the City shall not be
required to take steps to pay such judgment until such
execution shall be returned unsatsed and if the City
shall pay such Judgment it shall become the owner
other defendants and shall be entitled execution thereon
against them and take such other proceedings judg
ment creditors entitled to take.
Summons Published if CoDefendant is Non-R Resident
Section 233. Whenever any party is joined with the
City codeendant in any action for the nsuciency of
street. alley, bridge sidewalk thoroughfare public
ground and such party is resident of and
be found within the State service of in such
ton be made upon such defendant upon like evidence
and III like prescribed by general laws for service
by publication in other actions Provided that
service be made out of the State of Minnesota and
proof of service made provided by Section 1881, Cen
era Statutes of Minnesota 1913, and with like effect
Chapter XVIII.
Police Department
Powers and Duties.
Section 1884, All police officers detectives and watchnen
and all menbers of the police force of the City shall possess
all the powers of consabes common law and by the
laws OF the State and in addition thereto shall have power
writ subpoena issued of the Municipal Court
shall have authority and of
State beyond the limits of the City any charged with