ART. 91] PUBLIC ROADS. 1937

or repairs, it shall be the duty of said board of county com-
missioners to make such a request to the commission, as set
forth in section 33, upon the payment by the said petitioners of
said ten pei centum, or the giving by them of an approved
bond to the county commissioners for the payment thereof at
any time it may be demanded by said county commissioners
upon the filing of a similar petition, and the taking of similar
proceedings regarding the extension of any road which, in the
opinion of said commission, has been properly improved, a
similar request shall be made to the aforesaid commission by
the board of county commissioners of the county where such
extension lies, even though such proposed extension be less than
a mile in length.

1904, ch. 225, sec. 3.

35. If the said commission, after the receipt of the notice
mentioned in section 33, or that mentioned in section 34, and
due examination, shall be of the opinion that the proposed
construction or repair of roads mentioned in such notice would
be generally promotive of the objects herein contemplated, and
that the said road or proposed road is a right and proper one
under the circumstances to be built or improved, and if the
amount appropriated by the State under section 48 and appor-
tioned by section 44 to the roads of the county in which said
proposed road or extension is located shall be sufficient for the
outlay necessary therefor, the said commission shall make or
cause to be made necessary surveys, and draw up, or cause to
be drawn up, plans and specifications for the proposed work,
and shall furnish an estimate in detail of the cost of performing
such work according to such plans and specifications.

Ibid, sec 4.

36. The specifications shall require the construction and
improvement, within a reasonable time, of a macadamized or
of a telford or of other stone road, or of a road constructed of
gravel, or of other good material, in such a manner that the
same will be, with reasonable repairs thereto, at all seasons of
the year, firm, smooth and convenient for travel.

Ibid. sec. 5.

37. The board of county commissioners so requesting plans
and specifications of said commission shall, on the order of
the said commission, and within one month of the receipt of
said order, pay out of the funds of the county such cost of