110 LAWS RELATING TO AGRICULTURE. 



and all other papers in the case are returned to the auditor's office or 

 clerk's office, as the case may be, the commissioners or trustees, as the 

 case may be, shall cause such entry to be made on their journal as may 

 be necessary to give effect to the verdict and findings of the jury, and 

 as such cases and in cases where no appeals have been taken, they shall 

 fix a time for the sale of the construction and excavation of the improve- 

 ment and walling up the same at public outcry, and shall cause notice 

 to be given of the time and place of sale, and direct the surveyor or 

 engineer, or other competent person, to attend at the time and place 

 of sale to superintend, and conduct the same, who shall receive all bids 

 and make contract with the lowest responsible bidder, and take good and 

 sufficient bonds for the labor of constructing and excavating the im- 

 provement ; all contracts to be let by the cubic yard for excavating, and 

 by the perch for masonry, and no contract shall be entertained which 

 exceeds the estimated value as reported by the surveyor or engineer; 

 and the person so conducting said sale shall immediately deliver all 

 bonds and contracts taken by him to the auditor or clerk, as the case 

 may be, which contracts and bonds shall first be approved by the com-, 

 missioners or trustees, as the case may be, before they become binding 

 upon them ; and the contractor shall be liable on his bond so given for 

 all delavs after the expiration of the time named therein for the com- 

 pletion of his job, and for all the payment of all damages which accrue 

 by reason of the failure to complete the job within the time required by 

 the contract therefor. 



(4510-29) SEC. 12. [Work; how done and paid for.] The work 

 shall be done under the supervision of a competent surveyor or engineer, 

 who shall give to the contractor a certificate therefor when completed, 

 showing the amount which the contractor is entitled to be paid by the 

 terms of his contract, and 'the auditor or clerk, as the case may be, shall, 

 upon presentation of said certificate, draw his warrant upon the treasurer 

 of the county, if the proceedings were before the commissioners, and 

 upon the treasurer of the township, if before the trustees, for the amount, 

 and the treasurer shall pay the same out of any funds in the treasury 

 applicable to such purpose. 



(4510-30) SEC. 13. [Proceedings when contract not complied 

 with.] A job not completed within the time fixed in the contract and 

 bond may be re-estimated by the surveyor or engineer and resold by 

 him to the lowest responsible bidder, or he may complete it at the ex- 

 pense of the contractor and his bondsmen, but such job shall not be 

 resold for a greater sum than such estimate or re-estimate, nor a second 

 time to the same party ; a contract and bond shall be entered into as 

 hereinbefore provided, but the commissioners or trustees, as the case 

 may be, may, for good cause, give further time to the contractor, not 

 exceeding sixty days ; the surveyor or engineer shall fix the time for the 

 completion of the work res-old, not exceeding sixty days from date of 

 bonds. A person or corporation who has sustained damages in conse- 

 quence of such work, may bring suit for such damages in any court of 

 competent jurisdiction against any contractor failing to perform his con- 

 tract, and recover damages as provided by law in other cases. 



(4510-31) SEC. 14. [Compensation and damages; how as- 

 sessed; bonds.] When the work is let as hereinbefore provided, and 

 the costs and expenses of location and construction and excavation and 

 all compensation and damages are ascertained, the commissioners or 



