LAWS RELATING TO AGRICULTURE.. 155 



a day to be namecf in the order, or on their failing to meet on that day, 

 within five days thereafter, to view, survey, and lay out or "alter said road, 

 and determine whether the public convenience requires that such road 

 or any part thereof shall be sixty feet in width, or whether a less width 

 than sixty [feet] will as well promote the public convenience, and re- 

 port the width, in their opinion, the same shall be established and opened. 



SEC. 4643. [When road viewers fail to perform duty a new order 

 may issue.] If the viewers fail to proceed on the day named hi die 

 order, or within five days thereafter, so that said duty shall not be per- 

 formed and reported to the commissioners at their regular or special 

 session next after such order was made, the commissioners may at such 

 next regular or special session issue a new order and appoint new 

 viewers, who shall be by such order required to perform the same duties 

 as required of said original viewers under the original order, or the 

 commissioners may make such other order in the premises as to them 

 may seem proper. 



SEC. 4644. [If viewer fail to attend, how another appointed.] 



If a person appointed as viewer or reviewer on any road by the com- 

 missioners or probate judge of the county fail to attend at the place 

 specified in the order at or before ten o'clock a. m. of the day in the 

 order specified, the surveyor and two viewers shall fill the vacancy by 

 appointing a judicious, disinterested freeholder of the county, and in 

 case of a review when five viewers are required, the surveyor and not 

 less than three of the viewers may appoint a judicious freeholder of 

 the county to fill the vacancy, who shall be required to take the same 

 oath and be vested with the same power to do and perform the same 

 duties as if he had been appointed by the commissioners or probate 

 judge of the county. 



SEC. 4645. [Notice to land-owners.] The principal petitioner, 

 or the county "auditor, shall give at least six days' notice, in writing, 

 to the owner, or his agent, if residing within the county, or, if such 

 owner be a minor, idiot, or insane person, to the guardian of such per- 

 son, if a resident of the county, through whose Land the road is pro- 

 posed to be laid out and established, or through whose land the road 

 \yhich it is proposed to alter or vacate may have been previously estab- 

 lished, and also six days' notice to the viewers and surveyor, named 

 in the order of the commissioners, of the time and place of meeting, 

 as specified in the order, and of the day by which claims for compensa- 

 tion must be filed ; and the county auditor, if the road is proposed to be 

 laid out, altered, or vacated on any lands owned by a non-resident of 

 the county, shall cause a notice to such non-resident to be published, 

 for four consecutive weeks, in some newspaper published in such county ; 

 but if there be no newspaper published therein, then in some new's- 

 paper in an adjoining county to that in which the lands sought to be 

 affected by the road are situated, which notice shall state the time and 

 place of the meeting of the viewers and surveyor, as specified in the 

 order of the commissioners, and also the substance of the petition. 



SEC. 4646. [Duties of viewers.] The viewers and surveyor 

 shall meet at the time and place specified in the order of the commis- 

 sioners, and after taking an oath faithfully and impartially to discharge 

 the duties of their appointments respectively, shall take to their assist- 

 ance two suitable persons as chain-carriers and one marker, and proceed 

 to view, survey, and lay out or alter the road as prayed for in the pe- 



