LAWS RELATING TO AGRICULTURE. 159 



a public highway, and make record thereof, and at the same time vacate 

 so much of the old road as is rendered necessary [unnecessary] by the 

 new ; and the person desiring- the alteration shall pay all the costs of the 

 new survey, and return, unless the commissioners are satisfied that the 

 alteration is of sufficient advantage to the public to cause the same to be 

 paid by the county. And provided that any appeal heretofore or here- 

 after taken, remaining imperfected or not prosecuted to a hearing- for two 

 years after the giving of the appeal bond, shall be dismissed, and the 

 county commissioners shall proceed under their order as though no appeal 

 had been taken therefrom. 



SEC. 4657. [Application for road on county line.] When it be- 

 comes necessary to establish a road on a county line, the inhabitants along 

 such line may petition the commissioners of their respective counties for 

 a view of such road, in the manner provided in this chapter; and the 

 commissioners of each of the counties interested, shall appoint two dis- 

 creet landholders as viewers, who, or a majority of them, shall meet at 

 the time and place named in the order of the commissioners of the 

 oldest county interested, who shall appoint a surveyor ; and the viewers 

 and surveyor shall also be a jury for the assessment of damages, and 

 shall, in all respects, be governed by the preceding sections of this chap- 

 ter, and shall make their report in writing for or against such road to 

 the commissioners of the counties concerned ; and the commissioners, 

 upon receiving such report, shall, in all respects, be governed by this 

 chapter. 



SEC. 4658. [Proceedings on viewers' report.] If, on receiving 

 such report, there is no legal objection thereto, and the commissioners 

 of all the counties interested are of opinion that such road, if opened, 

 would be of public utility, they shall order the same to be opened in the 

 manner pointed out by this chapter. 



SEC. 4659. [How width of road on state line determined.] The 



commissioners of any county through which a county road has been 

 established upon a line of the state, may, upon petition and notice as 

 hereinbefore provided, determine the width, not less than fifteen nor 

 more than thirty feet, of the land within the county to be used for 

 the road. 



SEC. 4661. [Application for vacation.] When a county road, or 

 part of a county road is considered useless, or has remained unopened 

 for the term of five years, any twelve freeholders residing in that part of 

 the county where such road is established, may make application, agree- 

 ably to the provisions of this chapter, to the commissioners of the county, 

 to vacate the same, setting forth in the petition the reasons why the road 

 ought to be vacated, which shall be presented and publicly read at a 

 regular session of the commissioners, and no other proceedings shall be 

 had thereon until the next session of the commissioners, when it shall 

 again be read ; and if no objection be made, the commissioners may de- 

 clare vacated the road, or any part thereof which they may deem unneces- 

 sary to keep open for public convenience. 



SEC. 4662. [Appointment and report of viewers.] If objection 

 be made in writing to such vacation, the commissioners shall appoint 

 three disinterested persons to view the road, who shall take the same 

 oath as required by section forty-sir hundred and forty-six and proceed 

 to view the road, and make report of their opinion thereon, and the 



