Evening journal., 1903-06-16

cordance with the plans and sycoillca-
tions and terms OF the contract. as
hercinbcfore aroyided-said bond also
to be an indemnity against any direct
or Indirect damages that may be suf-
fered or claimed during the consruC
ton of said highway or section thereof
ana unul the same shall be duly ac-
cepted as herein provided. In mo case
shall the State Of Delaware or amy
county thereof be liable for any dam
ages claimed or suffered In such case.
Section g. Separate specifications for
the improvements of the highways or
sections thereof, under the provisions
of this act, shdl. be made for macadam,
telfoId, gravel, oyster shells, or other
good, firm materials which will at all
seasons of the year be firm, smooth and
convenient for travel Such specihca-
tions shall be the standard for the man
ner IN which work must be done in
using the different classes of material
as may be elected for the highway so to
be improved. The permanent roadways
Of all highways improved under the
provisions of this act shall not be less
than twelve C2) nor more than sixteen
(6) feet between the shoulders, and
the minimum width of the right OF way
shall be thirty three (5S) feet except
I'm the case OF roads already eAlstins.
Section Z. Partial payments may be
made on account of said contracts pro-
videde for under this act ana paid in
The manner herein prescribed when
certified to by the said State Commis-
sioners not exceeding eighty ptr cen-
tu moi the fun value of the work done
prior to said payment; and i'm every
contract made as aforesaid IL shall be
specified that az least five per centum
of the contract price shall not be paid
To the contractor within the period of
one year after the work specified to be
done by such contract shall have been
fully performed and accepted by the
said Levy Court and the state Com-
missioners; arG all said contracts en-
tered into under the provisions OF this
act, shall provide FOR the full maints-
nance and keeping i'm repair Of an high
ways or sections the-eof as built under
said contract or contracts, for the period
Of one ear from the date of compile
ton and acceptance at the entire cost
Of the contractor.
Section 8. All contracts made under
the provisions Of this act. shall, on be-
half of the Levy Court of the particu-
lar county in which the work is to be
DONE be executed by the President
thereof; each contract shall be executed
in triplicate. one copy to be filed with
the State Treasurer, one with the said
state Commissioners and one with the
Comptroller of New Castle county. I'm
case such work is to be done therein, or
If i'm either Kent or Sussex counties,
a re
begun.
Section Q. After the contract has
been filed as hereinbefore provided the
said State Commissioners shall take en-
tire charge OF the work done under
said contract and their decisions uDon
all matters pertaining to said contracts
shall be nnal They shall, as soon as
practicable appoint a supervisor of the
construction Of the work under such
contract. who shall receive for his ser
vices under this act, three dollars (S3)
per day to be paid out OF the county
treasury of the county in which said
work is done.
The said state Commissioners may.
/ however. at any time summarly dis
charge any supervisor who in the iudg-
ment of said State Commissioners is
D
land in such case shall appoint "a new
supervisor to take the place of the one
SO discharged; the supervisor shall su-
Ipervise all wo-k done under said con-
tract: shall give his whole time there
to: shall require the provisions of the
contract to be strictly adhered TO by
the contractor. and in any case where
the contract provided for partial pay
] Il af
he shall also, as each payment becomes
due, and before payment shall be made.
present to the Levy Court and to the
said State Commissioners a certificate
and also certificate of the surveyor
or engineer, if any there be- stating as
near as may be the total amount of
work done and tnat such work has been
done i'm all respects as required by the
contract; the Levy Court of each coun-
ty shall have power to appropriate such
sums of money for the purpose of
carrying on such work shall be fully
compiled with. and such facts shall
have been certified to the said Levy
Court and the said State Commissioners
to their satisfaction by the supervisor
and the surveyor and engineer, If any
there be, payment i'm full shall be made,
less lllG ullibullt LtAullth ~ bt " NttA
held Tor the period of at least one year,
as in section seven of this act is speci-
fed and when the work under any con-
tract shall have been fully completed
it shall be the duty of the supervisor
to prepare a detailed and itemized
statement in duplicate Of The cost OF
the improvements. one copy whereof
shall be filed with the said Levy Court
and one with the said State Commis-
sioners.
Section 10. One-half Of the cost OF
all highways constructed i'm this state
under this act shall be paid for out OF
the State treasury; provided, that the
amount so paid shall not in any ono
year exceed the sum appropriated by
the General Assembly for such pur-
pose; if one-half of such cost shall an
pear by the statements filed in any on,
year with the said State Commissioner
10 avraaa tho sum nnnrOnrfQfad