148 LAWS RELATING TO AGRICULTURE. 



SEC. 4630. [When costs and damages paid by county.] If, upoi* 

 the reception of the decision obtained in the probate court, the county 

 commissioners shall not deem the road of sufficient importance to cause 

 the expenses incurred and damages assessed in the probate court to be 

 paid by the county, they may refuse to establish the same, unless the 

 parties interested in the location of the road shall pay or cause to be 

 paid. before the opening of the road, to the satisfaction of the county 

 commissioners, in case the road is established a highway, all expenses- 

 incurred and damages assessed ; but the commissioners, if in their opinion 

 a part only of the road will be of public utility, may record and establish 

 such useful part, and reject the residue, in case it be capable of division. 



SEC. 4631. [When the road can be established.] If the expense 

 and damages are paid or secured to be paid as aforesaid, or the commis- 

 sioners direct the same to be paid by the county, then and in either case, 

 they shall enter an order that the road be established a public highway, 



SEC. 4632. [Fees and costs.] For services required by sections 

 'forty-six hundred and twenty-seven and forty-six hundred and twenty- 

 eight, the officers and other persons, shall each be entitled to the same 

 fees as they are entitled to by law for like services in other cases; the 

 auditors to be paid out of the county treasury, and the judge and others 

 entitled to fees, to be taxed in the bill of costs in the cause in court. 



SEC. 4633. [How width reduced.] The county commissioners 

 of any county, upon notice given in some newspaper of general circu- 

 lation in the county, for four consecutive weeks, and on petition pre- 

 sented to them, signed by at least twelve freeholders of the county, if 

 they deem it just and proper so to do, may reduce the width of any state 

 road, or any part thereof, to any width not less than forty feet, or 

 increase the width of any such road to any width not more than sixty 

 feet, and shall order the county auditor to make a record of the same;: 

 but the commissioners shall, previous to making any such order, appoint 

 three disinterested citizens of the county, to view and report to them, 

 under oath, as to the utility of such proposed change, and also the width 

 which, in their opinion, would be necessary. 



SEC. 4634, [How road turned, altered, vacated, etc.] Any part 

 of a state road in any county may be turned or altered, or its beginning 

 or true course ascertained, or, where it has become useless or has 

 remained unopened for the term of five years, may be vacated, by the 

 commissioners of such county, and, when it has been injured or destroyed, 

 it may be repaired by the township trustees ; and proceedings for such 

 purposes shall be had and conducted as provided in like cases for county 

 roads. 



SEC. 4635. [Alterations in state roads established.] That all 

 alterations of state roads heretofore or hereafter made and established, 

 shall form a part of said road, and so much of the original road as lies 

 between points at which the alterations intersect shall be and remain 

 vacated. 



SEC. 46.^6. [Vacation by non-user.] Any state road or part of 

 such road which has heretofore been authorized, which remains unopened 

 for public use for the space of ten years, shall be vacated, and the au- 

 thority for opening revoked for non-user. 



