ART. 3.] STREETS. 257

ance for such amounts as may have been already expended upon
such road, street or avenue, or part thereof.

1882, ch. 172. 1888, ch. 460.

233. In all contracts of any description made under this sub-
title of this article, the examiner or examiners shall reserve
twenty per cent, of the amount of such contracts, to be held by
him or them as security for the faithful completion of the same
until the same shall have been satisfactorily completed; and the
said twenty per cent, shall be deducted and reserved from each
and every payment under said contracts; and should the con-
tractor, under any contract made under the terms of this sub-tide
of this article, fail to complete said contract, all sums unpaid at
the time of such default, including the twenty per cent, above
referred to, shall be forfeited, and the contractor or his bondsmen
shall have no claim upon the same; and whenever application is
made to the county commissioners as hereinbefore provided in
this sub-title of this article, it shall be the duty of the county
commissioners to appoint one examiner or three examiners, as the
applicants may prefer; the one examiner to be chosen by agree-
ment between the county commissioners and the applicants, or, in
case of non-agreement, to appoint three examiners, two to be
chosen by the county commissioners and one to be named by the
applicants; but no person shall be appointed as an examiner, nor
as one of the examiners, who shall be related to any of the parties
making the application, nor who may be the owner of or be in
any way interested in ground bounding and fronting on the line
of any street, avenue, alley or proposed thoroughfare for which
application is made to be condemned, opened, graded and con-
structed, or to be widened, opened, graded or constructed, or
on the line of any street or avenue for which application is
made for the extension of the same, or on the line of
any street or avenue for which application is made for the
laying off of the same; and if one examiner be appointed his
pay shall be five dollars per day, and if three examiners be
appointed, their pay shall be four dollars each per day, for every-
day actually and necessarily engaged in the matter of his or their
appointment; and such examiner or examiners shall keep an
accurate itemized account of all moneys received and disbursed,

17