or may be used to pay off the bonds issued under this act as hereinafter provided. (L. '93, § 40, p. 318.)

145. County Treasurer to Call in Bonds.

Whenever the sinking fund provided for by the last preceding section shall amount to the sum of two thousand dollars or more, not previously applied as in this section provided, it shall be lawful for the county treasurer to designate sufficient bonds, bearing the lowest numbers among those outstanding, to absorb the amount of said fund on hand, as near as may be, and he shall call such bonds by publishing a notice, giving the numbers of the bonds so called for payment, and fixing a day, not less than thirty days after the first publication of the notice, when the bonds will be paid with accrued interest at the place of payment of said bonds, which notice shall be published in a daily newspaper published in the county seat once in each week for four consecutive weeks. And in case the bonds so called for payment are not presented on the day fixed therefor in such notice, interest thereon shall thereupon cease: Provided, The money for the payment thereof shall at all times thereafter be retained at the place of payment of the bonds, in readiness for payment of the same on presentation, until such bonds are presented for payment. All bonds and coupons received by the county treasurer under the provisions of this section shall be at once cancelled by him and filed as vouchers with the county auditor as ex officio clerk of the board of county commissioners. (L. '93, § 41, p. 318.)

146. Officer Refusing Duty.

If an engineer, clerk of the board of county commissioners, member of the board of construction, or appraiser, neglect or refuse to perform any duty imposed upon him by the provisions of this act, he shall forfeit and pay a fine of twenty-five dollars for every such neglect or refusal, to be recovered before any officer having competent jurisdiction, in the name of the state, for the benefit of the common schools of the county, at the suit of any person aggrieved thereby. (L. '93, § 42, p. 319.)

147. Court May Correct Error.

The court in which any proceeding is brought to recover any tax or assessment paid, or declare void the proceedings to locate or establish any road, or to enjoin any tax or assessment levied or ordered to be levied to pay for the labor and expense as aforesaid shall, if there is manifest error in the proceedings, allow the plaintiff in the action to show that he has been injured thereby, and may on application of either party, appoint such person or persons to examine the premises or to survey the same, or both, as may be deemed necessary; the court in which any such proceedings are begun shall allow parol proof that said improvement is necessary and will be conducive to the public needs, convenience and welfare, and that any steps required by law for any improvement have [been] substantially complied with, notwithstanding any defects or omissions in the records required to be kept by any board or officer; and with or without finding error, the court may correct any gross injustice in the apportionment made by the commissioners; the court shall, on final hearing, make such order in the premises as shall be just and equitable, and may order that such tax and assessment remain on the duplicate assessment roll for collection, or the same to be levied, or may perpetually enjoin the same or any part thereof; or if the same has been paid under protest may order the whole or any part thereof as is just and equitable to be refunded, and the costs of such proceedings shall be apportioned among the parties or paid out of the county treasury as justice requires. (L. '93, § 43, p. 319.)

148. Commissioners to Hear Petition for Locating Improvements.

The county commissioners may hear and determine at the same time and under the same petition the necessity of locating any new improved road, or of a road already partly improved, or of widening, straightening, re-locating or altering any road previously improved, or in process of improvement under this act, as the necessity of the case requires, and shall cause such entry to be made on their journal as in their judgment is required. All estimates shall be made in the manner provided in this act. No assessment shall be made to any land, person, or property upon

any principal other than that of benefits derived and in proportion thereto. (L. '93, § 44, p. 320.)

149. Bond of Engineer and Appraiser.

The board of county commissioners shall require each engineer and appraiser appointed by them under the provisions of this act to enter into a good and sufficient bond, with surety to be approved by them, conditioned for the faithful performance of his duties, in a sum to be fixed by the county commissioners, and an action may be brought on such bond by any person aggrieved by a failure of any such person so appointed to do his duty, in the name of such party, and recovery may be had for his benefit. (L. '93, § 45, p. 320.)

150. Officers to Take Charge of Roads.

Upon the completion of any improved road or any section thereof, for which final payment has been made, the charges and care thereof shall be assumed by the district road overseer or township road officers in each district or township in which the improvement is located, and it shall be the duty of such road officers to keep the improved roads in their respective districts or townships in constant and good repair, and any failure so to do shall justify the county commissioner in the commissioner's district in which the neglect occurs, to cause such repairs to be made at the expense of the road district or township in which repairs are done. (L. '93, § 46, p. 320.)

151.

Construction Begun at Either End.

In case the road proposed to be improved be located so as to connect with two or more trading points located upon a railroad or body of navigable water, or with a road already improved under this act, or with a road over which heavy freighting and rapid travel can be done at any time in the year, then each of said points shall be construed as "places of beginning" under this act, and construction may be commenced at one or more of them as the board of construction shall direct. (L. '93, § 47, p. 320.)

152. Commissioners May Declare Road Vacated.

The county commissioners may, on the proper petition and bond being filed, and the same notice being given as required in cases of the location of an improved road, declare any such road vacated and abandoned and its location and establishment to be held for naught, if in their judgment the same has ceased to be of public utility, and the public need, convenience and welfare no longer demand the maintenance thereof; but private rights of persons acquired by reason of the location and establishment of such road shall not be interfered with nor in any way impaired thereby unless due compensation be made therefor. (L. '93, § 48, p. 320.)

153. Public Lands Subject to Assessment.

All state, county, school, school district or other lands shall be subject to the provisions of this act, and the proper authorities having charge of said lands may institute proceedings to enjoin assessment of benefits hereunder or for damages herefrom as in the case of private persons: Provided, That such public authorities shall not be required to give any bond in such proceedings. (L. '93, § 49, p. 321.)

154. Record of Roads to Be Made.

The clerk of the board of county commissioners shall make, in a suitable book to be provided for that purpose, at the expense of the county, a complete record of each road in his county improved under the provisions of this act, which record shall include the petition and all bonds, reports of the engineer, appraisers and board of construction and all journal entries made, together. with all plats and other papers necessary to show a complete history of all that is done in each case up to and including the final order made by the board. (L. '93, § 50, p. 321.)

155. Road Accounts, How Kept.

The commissioners of any county wherein a road improvement is ordered shall provide a suitable book in which to keep the improved road accounts of the county. The clerks shall open therein an occount with each improvement in the name by which

the same is known, and charge all assessments and credit all payments made in the case. The money collected on each improvement shall constitute a special fund unless the cost of the improvement shall have been advanced out of the general road fund, in which case the money collected shall be credited to the general road fund. (L. '93, § 51, p. 321.)

156. Fees.

Fees for services of officers under this act shall be the same as for like services in civil cases, or as is or may be provided by law (L. '93, § 52, p. 322.)

157. Per Diem.

In performing their duties under this act, the county commissioners shall be entitled to a per diem allowance equal to that allowed by law for other services. (L. '93, § 53, p. 322.)

158. Blanks.

It shall be the duty of the prosecuting attorney in each county to prepare suitable blanks for the use of the board of county commissioners, under this act. (L. '93, § 54, p. 322.)

159. Payment of Expenses.

All fees under this act, when not otherwise provided for herein, shall be paid out of the county treasury as soon as the bills and items therefor are examined and allowed by the commissioners; and for all amounts so paid, except to the commissioners and clerk, the commissioners shall order the general county fund to be reimbursed from the money raised for the respective improvements. (L. '93, § 55, p. 322.)

160. Surplus Funds.

All balances remaining unexpended of any road improvement fund arising from excess of assessments made after the expenses thereof have been fully paid, shall be transferred to the general road fund of the county. (L. '93, § 56, p. 322.)