ART. 22. ] COUNTIES AND COUNTY COMMISSIONERS.

217

70. And, at the time and place named in such notice, the ex-
aminers shall meet and open said proposals, and shall award the
work to the lowest bidder, all things being considered, who shall

Id 8 56
1856, c 308, s 6
Contract to
lowest bidder

thereupon enter into a contract with said examiners, and give bond
with security by them approved, in a penalty double the amount of
the price of the work, for the faithful performance of said work.

Bond of
contractor.

71. The examiners, during the progress of the work and up to
its completion, shall at any time have full authority to examine and
direct the same, and, when completed, shall receive the same and
open it for public use, and notify the commissioners of their re-
spective counties thereof, and the said commissioners shall there-
upon pay or levy for their respective proportions of the cost of the
said work according to the contract.

Id s 57
1856, r 308, s 6.
Examiners to
superintend
building.

72. If the examiners on the part of adjoining counties cannot
agree as to the relative amount each county shall pay of the costs
and expenses of building or repairing any bridge, they, or a ma-
jority of them on the part of each county, shall each appoint an
arbitrator to determine the matter in dispute; and, if the arbitrators

Id s 58
1856, c 308, s 7.
When arbitra-
tors to be
appointed

cannot agree, they shall appoint an umpire, who shall not be a resi-
dent of either county, and the award and determination of the arbi-
trators or umpire shall be final and conclusive in the matter sub-
mitted.

Umpire

73. Nothing contained in this article shall authorize any county
commissioners to build, or order to be built, any drawbridge, or any
bridge across a navigable river.
74. In all cases, upon representation in writing of any citizen
or citizens of any county in which the county commissioners may
determine to build or repair any bridge, or unite with an adjoining
county to build or repair any bridge between the said adjoining
counties, filed before a contract for building or repairing has been
made, that the said determination of the county commissioners is
inexpedient, and desiring an appeal from such determination, the
county commissioners shall grant such appeal and cease all further
proceedings until the appeal is decided by the Circuit Court for the
county.

Id s 59.
1856, c 308, s 8
Not to be built
over navigable
river.

Id s 60
1856, c 308, s 9
Appeal to
Circuit Court

75. Upon such appeal being taken, the county commissioners
shall immediately cause to be filed with the clerk of the Circuit Court
all records, acts, papers, and proceedings, or copies thereof, which
may by the appellant be required, with full opportunity for him or
his counsel to examine the books and papers of the commissioners
relative to the matter, and thereupon the Circuit Court shall proceed

Id s 61
1856, c 308, s 9
Clerk to trans-
mit papers on
appeal

to try and determine the matter according to justice and right, with
or without the aid of a jury, as the parties may agree or the court
may order.

Right to trial
by jury.

76. In all cases where the appeal is not sustained the appellant
shall pay the costs, and in all other cases the court shall direct the
costs to be paid in such manner and by such party as it may deem
equitable and just, and the county commissioners shall be the ap-

Id s 62
1856, c 308, s 9
Costs of appeal.