The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-05

may by resolution passed by majority vote of its men,
ber grant the prayer of the petition and order and declare
such street. alley or highway vacated and discontinued
Publication of Resolution
Section 22S. Upon the passage of such resolution and
the signing thereof by the Mayor in other and
upon the being countersigned 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 10 copy of said resolution duly certified
by the City Clerk to be true copy shall Immediately
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 any street. road bridge
of the negligence of its officers agents servants unless
such street highway upon which such injury happened
highway unless the person claiming have
sustained such injury oss 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 on thereof the Council in writing
stating the time when the place where and the circun
under which such injury loss occurred and the
of compensation the nature of the relief demand
ed from the City, and give said Council days time after
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
commenced within year after the happening OF such
alleged jury or loss.
Notice by the City of Defect
Section 231 In the prosecution of actions against the
City for personal growing out OF detective I'M
properly constructed highways bridges cuverts, streets,
alleys. sidewalks public utilities, it shall be necessary
and prove that the defect or want OF repair OF
existed for than days Immediately prior to the
time of the happening OF the injury or 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
obstruction excavation defect street. alley bridge
sidewalk. thoroughare public ground of said City by
means 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
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-
fendant causing such deficiency and the City shall not be
required to take steps to pay such judgment until such
execution shall be returned unsatisfed; and 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 to 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 codefendant any action for the nsufcency OF
street. alley bridge sidewalk thoroughtare or public
ground and such party resident of and cannot
be found within the State service of summons in such &C
ton may made upon such defendant upon like evidence
and like prescribed by general laws for service
by publication in other actions Provided, that personal
proof of service made provided by Section 1887, Gen
cral Statutes Of Minnesota 1913, and with like effect
Chapter XVIII.
Police Department.
. Powers and Duties.
Section 1884, All police officers detectives and watchmer
and all members of the police force of the City shall
all the powers of constabes at 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 arrest of the
State beyond the limits of the City person charged with