ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

reserved from each and every payment under
said contracts ; and should the contractor, under
any contract made under the terms of this sub-
title, fail to complete said contract all sums un-
paid at the time of such default, including the
twenty per cent, above referred to, shall be for-
feited, 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, it shall
be the duty of the county commissioners to ap-
point one examiner or three examiners, as the
applicants may prefer ; the one examiner to be
chosen by agreement between the county com-
missioners and the applicants, or, in case of non-

729

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 f renting on the line of any
street, avenue, alley or proposed thoroughfare
for which application is made to be condemned,
opened, graded and constructed, or to be widened,
opened, graded or constructed, or on the line of any
street or avenue for which application is made for
extension of the same [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

Examiners,
etc.

for the laying off of the same; and if one exami-
ner be appointed his pay shall be five dollars per
day, and if three examiners bo 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 ex-
aminer or examiners shall keep an accurate
itemized account of all moneys received and dis-
bursed by him or them, and shall file an accu-
rate statement of such account, with vouchers,
with the county commissioners at such time or
times as the county commissioners shall require;
and such account shall be subject to the ap-
proval and ratification of the county commis-
sioners.

Pay of exam-
iners.