LAWS RELATING TO AGRICULTURE. 157' 



SEC. 4651. [Report and payment of damages accruing from 

 opening of county roads.] The viewers shall, at the time they make 

 their report of the view, also make a separate report, in writing, stating 

 the amount of damage [s], if any, and to whom by them assessed, which 

 would accrue by the opening of the road ; and they shall also file the 

 written application on which such assessments have been made, with 

 the county auditor, and the commissioners shall cause such report to 

 be publicly read on the third day of the session at which it was received,, 

 and if no petition for review or alteration has been presented and re- 

 ceived, and they shall be satisfied that the amount so assessed anct~~cte- 

 termined is just and equitable, and that the road will be of sufficient 

 importance to the public to cause the damages which have been as- 

 sessed to be paid by the county, they shall order the same to be paid 

 to the applicants from the county treasury ; but if in their opinion the 

 road is not of sufficient importance to the public to cause the same to- 

 be paid by the county, they may refuse to establish the same a public- 

 highway unless the damages which have been assessed are paid by the 

 petitioners ; or they may, in their discretion, order a portion of such 

 damages to be paid out of the county treasury, and require the petition- 

 ers to pay the remainder thereof, before such roads are opened ; but if 

 application by petition shall have been made for review or alteration,, 

 then no further proceedings shall be had on the report till the final de- 

 termination of the commissioners on such application. 



SEC. 4651(7. [Review; amended report.] No report of viewers 

 shall ever be set aside by the commissioners for any irregularity which 

 does not materially affect the substantial rights of some interested party, 

 and where a report is set aside for any such material irregularity the com- 

 missioners may appoint the same or other viewers, and the proceeding 

 shall re-commence at the point provided for by section four thousand 

 six hundred and forty-two, and proceed as before. Provided, that 

 where it is practicable in the judgment of the commissioners the viewers 

 may be sent back at any time before their report is finally acted upon 

 by the commissioners, to supply or amend any omission or irregularity 

 in their work or report as originally reported, and the amended report 

 shall when finished be re-delivered to the county auditor to be dealt 

 with as in the case o( an original report. 



SEC. 4652. [Application for and proceedings on review.] After 

 the viewers have made return in favor of the road, and before the return 

 is recorded and the road established, any citizen of the county may apply 

 to the commissioners for a review of the road, by petition, agreeably to 

 section forty-six hundred and thirty-eight, and the commissioners shall,, 

 on such petition being presented and being satisfied the same is just 

 and reasonable, appoint five disinterested freeholders of the county to 

 review the road, and issue their order to the reviewers, directing them 

 to meet at a time to be specified in the order, or within five days there- 

 after ; and the petitioners for review shall cause at least six days' notice 

 to be given to the principal petitioner for the road, of the time and place 

 of the meeting of the reviewers ; and the reviewers shall meet, and after 

 taking the oath required in section forty-si.r hundred and forty-six, shall 

 proceed to examine the route surveyed for the road by the former view- 

 ers, and make a report in writing to the commissioners, stating their 

 opiion in favor of or against the establishment of the road, or any part 

 thereof, and their reasons for the same. 



