The Ely miner., 1915-02-12

may by resolution passed by majority of its
bers grant the prayer of the petition and order and declare
such street. alley highway vacated and discontinued
Publication of Resolution.
Section 22S Upon the passage of such resolution and
the signing thereof by the Mayor in other cases. and
upon the being counersigned by the City Clerk
shall be published in the official paper of the City.
Copy of Resolution to Be Filed With Register of Deeds
Section 22o copy OF said resolution duly certified
by the CITY Clerk to be true copy shall Immediately after
County and duly recorded in his office
Chapter XVII
Action Against the City for Damages
Notice.
Section 230 No action shall be maintained against the
City account OF defect in any street. road, bridge
sidewalk public utility other public place by reason
OF the negligence OF its officers servants. unless
such street or highway upon which such injury happened
actually opened, used and travelled by the public
street highway unless the 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 or
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
OF compensation 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
course ii will pursue with relation to 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 231 In the prosecution of actions against the
City for personal injuries growing out of defective inn
properly constructed highways bridges, cuvers Streets
alleys, sidewalks public utilities shall be necessary
in order to maintain said action for the plaintiff alege
and prove that the defect or 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 252 All persons who shall maintain any
obstruction excavation defect any street alley bridge
sidewalk horoughfare public ground of said City by
means OF which clam tor damage shall arise against said
City shall be liable for 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 person persons shall be joined
defendans and of judgment against the defendants
such action execution shall issue only against the de-
tendan causing such deficiency and the City shall not be
execution shall be returned unsatised and if the City
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
creditors entitled to take.
Summons Published if Co-Defendant is Nonresident
Section 235. Whenever any party is joined with the
City codeendat any action for the nsufciency OF
street alley bridge sidewalk thoroughfare public
ground and any such party 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 made provided by Section 7737 Gen
eral Statutes of Minnesota 1918 and with like effect
Chapter XVIII.
Police Department
Powers and Duties
Section 24 All police officers detectives and watchmen
and all members OF the police force of the City shall possess
all the powers OF cOnsabes at law and by the
laws of State and in addition thereto shall have power
and execute any warrant summons commitment
writ subpoena process issued of the Municipal Court
shall have authority pursue and any part of the
State beyond the limits OF the City charged with