LAWS RELATING TO AGRICULTURE. 229 



SEC. 4838. [Changes in the improvement and assessments au- 



If at any time after making such final order the commis- 



; nnd that there has been an omission of lots and lands within the 



territory sought to be assessed, or that there has been manifest injustice 



f apportionment of taxes, or that public necessity requires any 



alteration in the manner of the improvement as ordered, they may make 



it ion and re-apportionment as they deem just and proper and 



ft change in the improvement as will conform the same to the public 



requirement. 



SEC. 4839. [How proceedings abandoned before contract.] All 



proceedings relating to the construction of such improvements may be 



ontmued at any time before a contract is entered into for the 



mprovement, by the filing of a notice with the county auditor, signed 



by a majority of the petitioners for the improvement, stating that they 



will not further prosecute the same and the payment of all costs that 



2 accrued up to the time such notice is filed; and thereupon the 



ditor shall immediately notify the engineer, and cause all proceedings 



elating thereto to be discontinued, and the county commissioners at 



their next regular or called session, shall place upon their records' an 



order abandoning such proposed improvement, and vacate and set aside 



the order for the improvement. 



SEC. 4840. [How abandoned after contract.] At any time after 

 the contract for the improvement is made, the commissioners may, with 

 the consent of the contractor for the improvement, or the part or parts 

 thereof to be affected, and also the consent of a majority of the petitioners 

 for the improvement whose lands lie within two miles of the part thereof 

 to be affected, vacate and set aside the order for the improvement, or 

 any part thereof, or abandon any part of such proposed improvement, if 

 they deem it proper and advisable to do so ; and in such case, if the order 

 as to a part of such improvement be set aside and vacated, or a part of 

 such proposed improvement be abandoned, such action shall not in 

 any way impair or affect any order, contract, or proceeding relating to the 

 remainder of the improvement; but no assessment shall be made for 

 the remainder of any such improvement, upon any lands not lying 

 within two miles of such remainder. 



SEC. 4841. [Engineer to be appointed to make contract for im- 

 provement of two-mile assessment pike.] After making such order 

 for an improvement, or for any change in the same, the commissioners 

 shall appoint a competent engineer to superintend the performance and 

 completion of the work, who shall enter into a good and sufficient bond, 

 with surety to be approved by the county commissioners, conditioned for 

 the faithful performance of his duties, in a sum to be fixed by said com- 

 missioners, and an action may be brought on such bond by any person 

 aggrieved by a failure of the engineer to do his duty, in "the "name of 

 such party, and recovery may be had for his use and benefit. The 

 engineer shall, with the approval of the county commissioners, make a 

 contract for the performance of the work, and the contractor may at 

 once enter upon the performance of the work, under the superintendence 

 of the engineer ; but the improvement shall be let in sections of not less 

 than one half-mile, by public out-cry, or sealed bids, and to the lowest 

 and best bidders, who shall give such reasonable security for the proper 

 performance of his contract within the time and in the manner described, 

 as the county commissioners may deem expedient. The county com- 



