154 LAWS RELATING TO AGRICULTURE. 



lished, widened or altered under the provisions of this act, and the same 

 right to appeal to the probate court as now exists under the provisions 

 of title 7, chapter 4, of the Revised Statutes, is reserved. 



SEC. 4638. [The petition and bond.] Applications for laying 

 out, altering, changing the width of, or vacating any county road shall 

 be by petition to the county commissioners, signed by at least twelve 

 freeholders of the county residing in the vicinity where the road is to be 

 laid out, viewed or reviewed, altered or vacated, and one or more of the 

 signers to any such petition shall enter into bond with sufficient surety, 

 payable to the state for the use of the county, conditioned that the 

 persons making such application shall pay into the treasury of the county 

 the amount of all costs and expenses accruing thereon in case the appfi- 

 cation shall fail ; and in case the application shall not fail, the commis- 

 sioners may, in their discretion, order the petitioners to pay any or 

 all costs and expenses of such application, or may pay all or any por- 

 tion thereof out of the county treasury. 



SEC. 4639. [Judgment for costs, and suit on bond.] When the 

 commissioners make such an order, and the petitioners fail, neglect, 

 or refuse to pay the costs and expenses, the persons signing the bond 

 shall be liable thereon for the full amount of all the costs and expenses 

 of the application, and the auditor of the county shall deliver the bond 

 to the prosecuting attorney, who shall collect and pay the same to the 

 county treasurer; and in all cases of contest the court having jurisdiction 

 of the case shall have full power to render judgment for cost? according 

 to justice between the parties. 



SEC. 4640. [What petition to contain.] Petitions for laying- 

 out, vacating, or altering a county road shall specify the place of be- 

 ginning, the intermediate points, if any, and the place of termination of 

 the road, or part proposed to be altered or vacated. 



SEC. 4641. [Notice of application.] Previous to any such peti- 

 tion being presented, notice thereof shall be given by advertisement set 

 up at the auditor's office, and in three public places in each township 

 through which any part of the road is to be laid out, altered, or vacated, 

 at least thirty days previous to the meeting of the commissioners at 

 which the petition shall be presented, and stating the time when such 

 petition is to be presented ; and the substance thereof shall be published 

 for four consecutive weeks before the presentation of any such petition,, 

 in some newspaper published in the county in which the road sought to 

 be established, altered, or vacated by sucli petition is situated, if there 

 be a newspaper therein. 



SEC. 4642. [Appointment of viewers.] On the presentation of 

 the petition, if the commissioners are satisfied that notice has been given 

 as aforesaid, they shall appoint three disinterested freeholders of the 

 county as viewers, who shall also be a jury to assess and determine the 

 compensation to be paid in money for the properties sought to be appro- 

 priated, without deduction for benefit to any property of the owner, 

 and to assess and determine how much less 'valuable, if any, the land 

 or premises from which such appropriation may be taken, will be rend- 

 ered by the opening and construction of the road, and the countv surveyor 

 to survey the same ; 



[Commissioners to issue orders to viewers.] And shall issue an 

 order directing the viewers, with the county surveyor, to proceed on. 



