PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 877

and plat is completed, the said examiner or examiners shall
tax and assess the gross amount of the probable cost of the
work, and of the cost and expenses of the proceedings in the
matter, fairly and equitably, on the ground bounding and front-
ing on such street, avenue or alley, or portion thereof, on which
the work is to be done, and such tax and assessment shall be a lien
on said property, and shall be collected, deposited, paid out and
disbursed in the same manner as assessments for benefits for con-
demning, opening, grading and constructing any street, avenue
or alley, or part thereof, are collected, deposited, paid out
and disbursed; and all proceedings which can be had and taken
for the condemnation, opening, grading and construction of
any street, avenue or alley, or portion thereof, under the pro-
visiorts of this sub-title of this Article, can and shall be had
and taken so far as the same may be applicable, for macadam-
izing, graveling, shelling, paving or curbing of any street, av-
enue or alley, or part thereof.

394. 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-
title of this Article, 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 forfeited, and the contractor or his
bondsmen shall have no claim upon the same; and whenever
application is made to the County Commissioners as herein-
before 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 ex-
aminer to be chosen by agreement beteween the County Commis-
sioners and the applicants", or in case of non-agreement, to ap-
point three examiners, two to be chosen by the County Com-
missioners and one to be named by the applicants; but no per-
son shall be appointed as an examiner nor as one of the exam-
iners, 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 the 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-