SURVEYOR AND STATE SURVEY. 303

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 super-
intendent be placed in charge of such construction, who shall
be a man of practical experience and efficiency in road con-
struction. No final payment shall be made until the road
is finally accepted. In all cases where the immediate super-
vision and control of the work of road construction and the
use of local material. indicated by or for the county is per-
mitted, and the cross-sectional drainage and lateral drainage,
and sub-drainage as specified in behalf of the county is accepted,
the State Roads Commission may require of the County Com-
missioners a written guarantee that for the first year after
acceptance the maintenance of any road as constructed shall
not exceed, per mile, a fair percentage of the cost of construc-
tion 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 maintenance agreements may be extended
by mutual consent, and the State Roads Commission shall have
the power and authority to enforce such agreement by manda-
mus or other appropriate legal remedy; and the County Com-
missioners 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 Com-
mission, may itself, and in its fair discretion, upon notice to
such County Commissioners, take over and carry on such
maintenance.

In case any county has no road engineer or road superin-
tendent, or he is not satisfactory to the State Roads Commis-
sion, the County Commissioners 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 Commis-
sioners of any county or the Road Engineer or Road Superin-
tendent, its agent to act for and in its stead with respect to
the construction or maintenance of State roads in such county,
subject to such terms, conditions and restrictions as said Com-
mission may impose, and the County Commissioners of each
county may accept. That in the specifications and contracts
for work by competitive bids, it shall be the policy of said
Commission to provide as nearly as practicable that the con-