CHILDREN

CHAPTER 70.

[H. B. No. 131-Tenneson.]

LEGITIMATISING CHILDREN BORN OUT OF LAWFUL WEDLOCK. An Act Declaring Every Child to be the Legitimate Child of its Natural Parents; Making such Child an Heir of such Parents, and Providing the Procedure for Establishing such Parentage.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Every child is hereby declared to be the legitimate child of its natural parents and as such is entitled to support and education, to the same extent as if it had been born in lawful wedlock. It shall inherit from its natural parents and from their kindred heir lineal and collateral.

This section shall apply to cases where the natural father of any such child is married to one other than the mother of said child, as well as where he is single. Provided, however, this law shall not be so construed as to give to said child a right to dwelling or a residence with the family of its father, if such father be married.

§ 2. The mother of any child born out of lawful wedlock may within one year after the birth of such child bring an action in the district court to establish the defendant to be its father. In such cases the parentage may be proved like any other fact. Provided, that the mother of said child shall not be considered a competent witness in any case where the alleged natural father of said child shall be dead at the time of the trial. Provided, that a statement in writing may be made by the parents of said child, admitting the parentage thereof, and upon which a judgment may be entered.. § 3. This action shall be deemed cumulative as to the remedies contained in sections 10483 to 10500 inclusive, relating to bastardy proceedings, but all children hereafter born in this state shall be deemed to be legitimate.

§ 4. All acts and parts of acts in conflict herewith are hereby repealed.

Approved, March 10, 1917.

CITIES AND VILLAGES

CHAPTER 71.

[H. B. No. 287-Wilson.]

CONNECTIONS WITH SEWER AND OTHER MAINS, CABLES AND CONDUITS.

An Act to Amend and Re-enact Section 3740 of the Political Code of the State of North Dakota, Compiled Laws of 1913, Relating to Cities, Providing for Connections with Sewer and Other Mains, Cables and Conduits.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. AMENDMENT.] That Section 3740, Compiled Laws of the State of North Dakota of 1913, be and the same is hereby amended and re-enacted to read as follows:

§ 3740.] CONNECTIONS WITH SEWER AND OTHER MAINS, WIRE CABLES AND CONDUITS.] The City Council or City Commission may, by resolution, require the owners of all property abutting on any street, avenue or alley in which water mains, gas mains, sewers, steam or other pipes, under-ground wire cables or conduits, or any of them, shall have been previously laid and constructed, or, at the time of laying and constructing the same, or, as a part of the contract for laying and constructing any such mains, sewers, pipes, cables or conduits, to construct or cause to be constructed the sewer, water, gas, steam and other service connection pipes or wires in such street, avenue, or alley, at the expense of and as a charge the property fronting thereon, from and connected with the sewer, water, gas, steam or other mains, cables or conduits in said street, avenue or alley to a point inside of the curb line on either or both sides of such street, avenue, or alley, at such intervals along the whole length thereof as may be necessary to supply and serve each lot, part of lot or parcel of land in accordance with the city ordinance governing the laying and construction of such connections.

Upon the adoption of such resolution the city auditor shall publish in the official newspaper of the city twice, once in each week for two successive weeks, a notice to said owner or occupant, setting forth what work is to be done, and the time within which the same is to be done and completed. Such notice may be general as to the owner, but must be specific as to the description of the lot or parcel of land in front, side or rear of which the improvement is to be made and which the improvement affects.

If such work is not done in the manner and within the time prescribed in said notice the city council or commission shall order the same to be done by such person as they may have contracted with therefor, under the direction of the city engineer, or street

commissioner in cities having no engineer, at the expense of the lot or parcel of land adjoining such improvement or service connection, and such expense, including the expenses of all notices in connection with such work, the assessment therefor, and any other expenses incurred for such work, shall be assessed against the lot or parcel of land properly chargeable therewith by the city engineer, or by the street commissioner in cities having no city engineer; and such assessment shall be returned by him and filed in the office of the city auditor, and the city auditor shall cause to be pulbished the said assessment, together with a notice of the time and place when and where the city council or commission will meet to approve the same, and said notice shall be published once in the official newspaper of the city at least ten days prior to the meeting of the city council or commission at which such assessment is approved.

The city council or commission after the adoption of such resolution declaring the necessity of making the service connections above referred to, shall by resolution, direct the city engineer to prepare plans and specifications for the same and file with the city auditor and shall direct the city auditor, to advertise for bids for the laying and construction of such connections in accordance with the plans and specifications for the construction of the same, which plans and specifications shall be filed with the city auditor by the city engineer; and such bids shall each be accompanied by a certified check in the sum of $500.00 to guarantee the entering into the contract should the same be awarded to him as such bidder. Bids shall be received by the city council or commission and the contract awarded to the lowest responsible bidder. The successful bidder shall give a bond in the sum of $1,000.00 executed by such bidder and a surety company, authorized to do business within the state, as surety, or by two acceptable freeholders of the state, who shall justify as such sureties as required in arrest and bail, and the aggregate of such justification shall equal the amount of such bond, and such bond shall be conditioned that in case such bid is accepted and such contract awarded to such bidder he will well and faithfully perform the work bid for, and fulfill the guarantee in accordance with the terms of and within the time provided for in such contract, and pursuant to the plans and specifications for such work on file in the city auditor's office, and pay for all labor and material used in such work, and that in the case of default on the part of such bidder to perform such work or fulfill the guarantees, as provided in said contract, the sum named in said bond shall be taken and held to be fixed and liquidated damages in favor of said city; and that the full amount thereof may be recovered from such bidder and his sureties in an action by the city against them on such bond. Such bond, when the same shall have been approved by the city council or commission and filed in the office of the city auditor, shall thereupon be and remain in full force and effect.

Upon the award of the contract the checks of all unsuccessful bidders shall be returned to them, and upon the filling of his con

tract and acceptable bond, as aforesaid, the check of the successful bidder shall be returned to him. The city council or commission shall have the right to reject any and all bids for work to be done under this section if, in its opinion, the interests of the city will be best subserved by so doing, and re-advertise for further bids, but if all such bids are not rejected the contract shall then be awarded to the responsible bidder whose bid is the lowest upon the basis of cash payment therefor; provided, such bidder shall have complied with the foregoing requirements and furnished the bond hereinbefore provided for.

All contracts entered into for any work provided for in this section shall be entered into in the name of the city and shall be executed on the part of the city by the mayor or president of the commission thereof, and countersigned by the auditor with the corporate seal of the city affixed, and when signed by the contractor shall be filed in the office of the city auditor.

Such contract shall require the work to be done thereunder to be done pursuant to the plans and specifications therefor on file in the office of the city auditor, and subject to the approval of the city engineer, who shall supervise and inspect such work during its progress, and there shall be reserved in each contract the right of the city council or commission, in case of an improper construction of such work, to suspend work thereon at any time, and to re-let the contract therefor, or order a reconstruction of said work, or any part thereof, improperly done. Each contract so entered into shall state the time on or before which such work must be completed, the period of time for which the work is guaranteed as to workmanship and materials and must state from what fund the amount to be paid thereon by the city is to be paid, and that the consideration of such contract is payable only in warrants drawn on such fund, and that such city assumes and incurs no general liability under such contract.

In case the contractor to whom any such contract shall be let shall properly perform the work therein designated, the city council or commission may from time to time, in its discretion, as the work progresses, pay such contractor, upon an estimate made by the city engineer of the amount already earned thereunder, eighty-five per cent of the amount shown by such estimate to have been so earned, in warrants drawn on the fund from which the same is to be paid.

All money collected from special assessments for laying and constructing sewer and water and other connections provided for under this section shall be kept in a fund called "Sewer and Water Connections Special Assessment Fund" and warrants shall be drawn on such fund for the payment of the cost of all such connections and for nothing else. All such sewer, water and other connection special assessments shall be paid in a single payment for the cost thereof, as herein provided, and the city auditor shall so certify such assessments, as returned by the city engineer and filed in his office, up to the county treasurer for collection with the taxes

against the lot or parcel of land so assessed, in the same manner as is provided in the case of other special assessments for improvements made by the city.

Approved March 12, 1917.

CHAPTER 72.

[H. B. No. 95-Lang.]

CONSTRUCTION AND REPAIR OF CURBING.

'An Act Providing for the Construction and Repair of Curbing in Cities and Providing for the Letting of Contracts and the Manner of Enforcing Payment for Curbing Built.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. SPECIFICATIONS FOR CURBING.] The city council or city commissioners may by resolution or ordinance prescribe the plans and specifications for the size of curbing and may establish the widths between same in different locations and shall determine and prescribe the kind and quality of material of which, and the manner in which they shall be constructed, having regard to the business and the amount of travel in the vicinity of each, and such resolution or ordinance shall be specific, and all contracts for the construction of curbing shall be let with reference to the same.

§ 2. BUILDING BY CITY.] Such work shall be done and the curbing built, repaired or rebuilt, in the manner and within the time prescribed by the city council or commission and they shall order the same to be done by such person as they may have contracted with therefor, under the direction of the city engineer, or street commissioner, in cities having no city engineer, at the expense of the lot or parcel of land fronting on or adjoining such curbing, and such expense, including the expenses of all notices in connection with such work and the assessment therefor. and any other expense incurred for such work shall be assessed upon the lot or parcel of land properly chargeable therewith, by the city engineer, or by the street commissioner in cities having no city engineer, and such assessment shall be returned by him, and filed in the office of the city auditor, and the city auditor shall cause to be published the said assessment, together with a notice of the time and place when and where the city council will meet to approve the same, and said notice shall be published once in the official newspaper of the city at least ten days prior to the meeting of the city council to approve such assessment.

§ 3. LETTING CONTRACTS FOR CURBING.] The city auditor shall, on or before the fifteenth day of March in each year, advertise in the official newspaper of the city twice, once in each week for two consecutive weeks, for bids for the construction of the various kinds of curbing in the city during the ensuing year, in accordance