ART. 91] PUBLIC ROADS. 1991

4. The general type and size of cross-drains, culverts and bridges.

5. And that such construction shall be done in such a manner that
the said roads will be, with reasonable repairs thereto, at all seasons of
the year, firm, smooth and convenient for travel.

For all such construction to be carried out by contract or otherwise
as the county commissioners may determine with the approval of the
state roads commission, the county shall furnish an original estimate
of cost, which shall not be exceeded, save by the consent of the state
roads commission.

The money necessary for the construction shall be paid to the county
by monthly estimate as the work progresses, on such reasonable terms
as the state roads commission may direct, and under such supervision
by the said commission as may secure the faithful carrying out of the
general specifications aforesaid.

In such county construction the state roads commission may require
that a county road engineer or county road superintendent be placed
in charge of such construction, who shall be a man of practical experi-
ence and efficiency in road construction. No final payment shall be
made until the road is finally accepted. In all cases where the imme-
diate supervision and control of the work of road construction and the
rise of local material indicated by or for the county is permitted, and
the cross-sectional drainage, and lateral drainage and sub-drainage as
specified in behalf of the county is accepted, the state roads commis-
sion may require of the county commissioners a written guarantee that
for the first year after acceptance the maintenance of any road as con-
structed shall not exceed, per mile, a fair percentage of the cost of
construction to be agreed upon, with reference to the cost and use of
the road, and for the second and succeeding years up to and including
the sixth year after acceptance shall not exceed per mile two-thirds
of the percentage for repair agreed upon for the first year which main-
tenance agreements may be extended by mutual consent, and the state
roads commission shall have the power and authority to enforce such
agreement by mandamus or other appropriate legal remedy; and the
county commissioners so agreeing shall have the right to keep up the
maintenance of the roads covered by such agreement and be reimbursed
by the said state roads commission, so long as such maintenance is
fairly and properly attended to, and upon failure to so maintain such
roads the said state roads commission may itself, and in its fair dis-
cretion, upon notice to such county commissioners, take over and carry
on such maintenance.

In case any county has no road engineer or road superintendent, or
he is not satisfactory to the state roads commission, the county com-
missioners may appoint an engineer of State roads for such county,
at a fixed salary deductible from the allotment of each county. The
state roads commission shall have power to constitute the board of
county commissioners of any county or the road engineer or road super-
intendent, its agent to act for and in its stead with respect to the con-
struction or maintenance of State roads in such county, subject to such
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