disqualification; or such petition, in case of disqualification aforesaid, may be submitted in the first instance to the judge of probate accompanied by a certified statement of some elector of the county as to such fact of disqualification, with a request that a special road commissioner be appointed for the purposes of the application. Thereupon it shall be the duty of the judge of probate to appoint a day for hearing on the question of making such appointment. Due notice of such hearing shall be printed in some newspaper of general circulation in the county, or counties, in which the special assessment district is located, not less than ten days prior to the day of hearing. Such publication shall be all the notice required as to such hearing. On the appointed day, or on any subsequent day to which adjournment may be had, the said judge of probate shall determine whether or not all the members of the board of county road commissioners are in fact disqualified. If he finds such to be the case, he shall forthwith appoint a special road commissioner who shall be invested with all the rights, powers, duties, and obligations herein granted to or conferred upon the board of county road commissioners for the purposes of said application for the improvement of a highway under the provisions of this act. In case it is found on hearing, that all the. members of the board of county road commissioners are not in fact disqualified to act, the judge of probate shall certify accordingly and shall at once transmit said application to the board of county road commissioners, and the said board, or the members thereof not disqualified, shall proceed as hereinbefore provided. Any special road commissioner appointed in accordance with the provisions of this section, shall be required to give bond in such reasonable amount and with such sureties as the judge of probate may direct and approve. Such special commissioner shall re- Compensaceive compensation at the rate of five dollars per day for time actually expended by him, added to his reasonable expenses, out of the funds of the special assessment district, his accounts for compensation and for expenses being subject to audit and allowance by the board of supervisors or by the board of county auditors, in counties having such board.

tion.

etc.,

SEC. 63. As the work of improvement progresses, the Written county road commissioners, or the State Highway Commis- estimate sioner, shall cause written estimates to be made, and certificates of work done and materials furnished, according to specifications, and of the value of the work accomplished by the several contractors. These estimates and certificates shall be made and signed by a competent engineer. At the request of any contractor doing work, such estimate shall be made at least once in each month. The county road commissioners, or the State Highway Commissioner, shall make no payment on any contract without such written

Bond for

payment of labor, etc.

Contracts without advertising.

Proceedings subject to review.

estimates and certificates that the work is done according to specifications where the total contract price shall be five hundred dollars or over. Before the final completion of the work and its final acceptance, they shall not pay more than eighty per cent of the amount of such estimates and certificates. Before payment is made on any estimate or certificate aforesaid, the contractor shall file an affidavit showing, either that all labor and material so far used in the improvement has been paid for by him, or an itemized statement giving the several amounts and names of persons to whom anything is owing for labor and material used in the particular improvement contracted for by him, or he shall file releases from all persons unpaid for either labor or material used in such improvement. In case it appears from such affidavits that any labor or material is not paid for, the county road commissioners, or the State Highway Commissioner, shall deduct from any payment to be made by them such indebtedness for material and labor. The county road commissioners, or the State Highway Commissioner, out of money so retained by them, may pay any such indebtedness; and they shall pay such indebtedness out of such money on the request of any contractor. They shall not be obliged to pay on the request of a creditor until such creditor shall have put his claim into final judgment.

SEC. 64. In additon to the bond required for the faithful performance of the work, the successful bidder shall give a bond to the county road commissioners, or the State Highway Commissioner, in a sum to be fixed by them, and to be approved by them, conditioned for the payment of all labor and material used by the contractor or his subcontractors in the improvement to be made by them. The county road commissioners, or the State Highway Commissioner, or any person or their assigns, injured, may bring action on such bond. The bond herein required shall be deemed for the use and benefit of any person, his representative or assigns, furnishing labor or material for such improvement. SEC. 65. The county road commissioners, or the State Highway Commissioner, may let contracts under five hundred dollars without advertising. They may make payments on such contracts without the estimates and certificates above required.

SEC. 66. The proceedings herein provided for improving any highway, shall be subject to review upon certiorari. Notice of such certiorari shall be served upon the county commissioners, or one of them or upon the State Highway Commissioner, within ten days after the making of their apportionment of benefits for such improvement has been filed with the county clerk in the same manner as notice is required to be given of certiorari for reviewing judgments returned by the justice of the peace, and the writ shall be issued and served, and the bond given and approved, and

aside.

all subject matter brought to issue in the same way and manner as in such case provided, except that such certiorari may be heard by the court during term, or at chambers, upon five days' notice given to the opposing party; and the circuit court of the county shall hear and determine the same without necessary delay; and if any material defect be found in the proceedings, such proceedings shall be set aside in so far as erroneous with consent to the county road commissioners, or the State Highway Commissioner, to preceed anew with their proceedings from the point where the defect occurs. The entire proceedings shall When set not be set aside except where the county road commissioners, or the State Highway Commissioner, are found to have no jurisdiction to act upon the petition presented. If the proceedings be sustained, the party bringing the certiorari shall be liable for the costs thereof; and if they be not sustained in whole, or in part, the parties petitioning for the proposed improvement, shall be liable for the costs. If no certiorari be brought within the time herein described, the improvements shall be deemed to have been legally ordered and established, and its legality shall not thereafter be questioned in any suit at law, or in equity. When such proceedings are brought, the county road commissioners, or the State Highway Commissioner, shall postpone the letting of contracts, if they have not been let, and of all other proceedings until after the determination of the court.

not to be

Sec. 70. The collection of no tax levied, or ordered to Collection be levied for the payment of the improvement or construction enjoined, etc. of any highway laid out under this act shall be perpetually enjoined, or declared absolutely void in consequence of any error or informality appearing in the record of the proceedings under which any highway shall have been constructed or improved, nor on account of any irregularity or informality in the condemnation of the right of way, nor for want of any record thereof, but the court in which any action may be brought to recover any tax or assessment paid, or to declare void the highway proceedings, or to enjoin any tax or assessment levied or ordered to be levied for the payment of the labor and expenses of the improvement thereof, shall, if there be manifest error in the proceedings, allow the county road commissioners, or the State Highway Commissioner, to begin their proceedings anew at the stage prior to which the error occurred.

sued for.

SEC. 71. Any taxes that may have been assessed and re- Delinquent turned delinquent to the county treasurer upon any lands taxes, how and by virtue of the provisions of this act and remaining unpaid, may be sued for, by the county road commissioners of the county in which such delinquent lands are situated. or by the State Highway Commissioner, in an action of assumpsit before any court of competent jurisdiction; or the county road commissioners, or the State Highway Com

Who party to suit.

When tax set aside.

When proceedings recommenced.

Proviso.

Further proviso.

When proceedings not nulified, etc.

missioner, may file their bill in equity to enforce the lien of such tax against the real estate charged therewith, in the same manner as mortgages are foreclosed in chancery. The court may order the sale of such delinquent lands at any time after six months from the filing of such bill in chancery.

SEC. 72. In case any suit shall be brought to set aside any tax assessed under the provisions of this act, or in any way attacking the legality of the proceedings had under this act, the county road commissioners, or the State Highway Commissioner, shall be made a party to such suit. The county in which such road district shall be situated, if operating under the county road system, shall likewise be made a party and process shall be served upon the clerk of such county.

SEC. 73. In case any tax assessed under the provisions of this act shall be set aside, except for the reason that the petition for the improvement does not confer jurisdiction to act, the county road commissioners, or the State Highway Commissioner, as the case may be, shall begin proceedings anew at the stage where they shall be correct.

SEC. 74. Whenever the work of improving any highway has been wholly or partly completed, and payment for same has not been legally made, the county road commissioners, or the State Highway Commissioner, shall proceed without unnecessary delay to start such proceedings anew, providing the petition for the improvement confers jurisdiction upon the county road commissioners, or the State Highway Commisioner, at such a stage as may be correct; and the county road commissioners, or the State Highway Commissioner, shall proceed to take the necessary steps under the provisions of this act, and shall reassess upon the lands benefited by the improvement, the original cost thereof, together with all expense of completing the proceedings, and continue so to do, until such improvement has been legally constructed: Provided, That on such recording and legally completing the proceedings, it shall not be necessary to re-advertise the letting or to make a new contract for the letting and constructing of the improvement, but the county road commissioners, or the State Highway Commissioner, shall advertise a day of review for benefits in the manner provided in the first instance: Provided further, That any person who has paid taxes for benefits assessed against him for such improvement, shall be allowed the amount so paid; and the collecting officer shall accept the receipt theretofore issued as cash, and the same shall be applied upon such new assessment.

SEC. 76. All proceedings heretofore taken under this act shall not be defeated or nullified because of any irregularity therein if there has been a substantial compliance with the requirements of the said measure as hereby amended. Such pro

ceedings heretofore commenced under said act shall not be invalidated either in whole or in part hereby, but may be completed under the provisions hereof.

errors.

SEC. 77. After the county road commissioners shall have Correction of made their apportionment of benefits, and held a review of the same, whether an appeal has been taken therefrom or not, but in case of appeal, then after such appeal shall have been decided, and it shall appear that any parcel of land has been omitted by clerical error within the boundaries of the district finally established, or that parcels of land have misdescribed, or the acreage stated to be more or less than it really is, or that land in one zone of assessment has been erroneously assessed in another zone, the county road commissioners, or the State Highway Commissioner, as the case may be, may correct such errors in the manner herein provided.

SEC. 78. The county road commissioners, or the State High- Notice of. way Commissioner, on discovering any of the aforesaid errors, may make their order reciting the particular errors, or that there appears to be error in the designated descriptions, and give notice of the review and correction thereof in any road district affected in the same manner as is required for the review of the apportionment of benefits in the first instance, except that the county at large or townships at large need not be notified. The meeting of the county road commissioners or of the State Highway Commissioner to review and correct such errors shall be held at some place in the road district to be affected.

correct

SEC. 79. At such meeting, the county road commissioners, Who to or the State Highway Commissioner shall correct the errors errors. aforesaid. Such meeting may be adjourned from time to time, public announcement of such adjournment being made in each case. Where lands within the boundaries of the assessment district as established have been omitted by clerical mistake from the apportionment of benefits, or from the special assessment roll, they may be added thereto, but shall not be assessed more per acre than are other lands in the same zone of assessment. Where lands have been erroneously described, they shall be correctly described as near as may be. Where the acreage of any parcel is erroneously stated to be more or less than it really is, such acreage shall be correctly stated as near as may be. Where the apportionment of benefits has already been determined by the State Highway Commissioner, or by the appellate boards, upon an acreage basis, the tax or apportionment upon any parcel where the acreage was wrong in the first instance shall be increased or reduced as the case may be, proportionate to the increase or decrease of the acreage of that parcel. Where any parcel of land has erroneously been assessed upon the basis of being in a different zone for taxing than it really was, the assessment against such parcel shall be increased or reduced so as to make it the same rate of assessment per acre as are other lands in the same zone in