Perine

This action is upon a street assessment, and it appears from the complaint that the contract which is the foundation of the assessment was not entered into within fifteen days after the first posting of the notice of its award to plaintiff. Section 5 of the act of March 18, 1885 (Stats. 1885, p. 147), contains the following: “ But if said original bidder neglects, fails, or refuses for fifteen days after the first posting of notice of the award to enter into the contract, then the city conn *309 cil shall again advertise for proposals, as in the first instance, and award the contract for said work to the then lowest regular responsible bidder.” This provision of the law is not directory, as claimed by plaintiff. It is true that statutes which fix the time within which official acts are to be performed are often held to be merely directory as to the time so fixed, but such a statute is never so construed when its language indicates the contrary intention; as, for instance, when the statute attaches a consequence to the failure to perform the act within the time limited. “In such a case,” said Mr. Justice Cope, in delivering the opinion of the court in the case of Shaw v. Randall,…