156 LAWS RELATING TO AGRICULTURE. 



tition, or as near the same as in their opinion a good road can be made 

 at reasonable expense, taking into consideration the utility, convenience, 

 inconvenience and expense which will result to individuals, as well as to 

 the public, if such road or any part thereof is established and opened, or 

 altered; and also, as a jury, discharge the duties required of them in sec- 

 tion forty-sir hundred and forty-two, and assess and determine the dam- 

 ages sustained by any person through whose premises the road is p;o- 

 posed to be established, altered, or vacated. 



SEC. 4647. [When compensation and damages not to be as- 

 sessed.] But the viewers shall not be required to assess or award 

 damages or compensation to any person except minors, idiots, or luna- 

 tics, in consequence of the opening of the road, unless the owner or 

 his agent, having notice as provided in section forty-sir hundred and 

 forty-five of the application and proceedings by which his property is 

 sought to be appropriated or may be injured, shall have filed a written 

 application with the viewers, giving a description of the premises on 

 which damages or compensation is claimed; and all applications for 

 damages shall be barred unless they be presented as provided for by 

 -this chapter. 



SEC. 4648. [Who may administer oath.] When an oath is re- 

 quired to be taken by any person under the provisions of this chapter, 

 .the same may be administered by the surveyor, or by one of the viewers 

 or reviewers, who has been previously sworn. 



SEC. 4649. [Duties of surveyor, etc.] The surveyor shall sur- 

 vey the road, under the direction of the viewers, and cause the same 

 to be conspicuously marked throughout, noting the courses and dis- 

 tances, and at the end of each mile shall cause the number of the same, 

 and also the commencement and termination of the road or survey, to 

 be marked on a tree, or monument erected for that purpose, and shall 

 make and deliver to one of the viewers, without delay, a. correct certified 

 return of the survey of the road, and a plat of the same ; and the view- 

 ers shall make and sign a report in writing, stating their opinion in 

 favor of or against the establishment or alteration of the road, or any 

 part thereof, and set forth the reasons of the same, which report, to- 

 gether with the plat and survey of the road, or alteration, shall be de- 

 livered to the county auditor by one of the viewers, on or before the 

 first day of the session of the commissioners then next ensuing. 



SEC. 4650. [Duties of commissioners on report of view.] The 

 commissioners, on receiving the report of the viewers, shall cause the 

 same to be publicly read on two different days of the same session, and 

 if no application be made to them for a review of the road, or any part 

 thereof, or alteration, and they are satisfied that such road, or any part 

 thereof, if the same be capable of division, will be of public utility, and 

 the report of the viewers is favorable thereto, and no damages have been 

 claimed or assessed, shall on the third day of the session cause the 

 report, survey, and plat to be recorded ; and from thenceforth the road 

 shall be considered a public highway, and the commissioners shall issue 

 their order to the trustees of the proper township or townships, directing 

 the road to be opened ; but if the report of trie viewers be against such 

 proposed road, or alteration, or if, in the opinion of the commissioners, 

 the same is unnecessary, no further proceedings shall be had thereon! 

 and the obligors, in the bond securing the expenses, shall be liable for the 

 full amount of such costs and expenses. 



