162 LAWS RELATING TO AGRICULTURE. 



price, or, payment into court of the compensation assessed, and right 

 to charge or collect toll shall thereupon cease, and the commissioners 

 shall use the fund created by section one (i) [(4670-1)] of said act 

 for that purpose. 



(4670-4) SEC. 2b. [Assessment.] When the commissioners 

 make an appropriation of any turnpike or plank road as specified in the 

 last preceding section, and fail to pay for the same within three months 

 after the assessment of compensation shall have been made, as in said 

 section provided, the right of the commissioners to make such appro- 

 priation on the terms of the assessment so made, shall cease and deter- 

 mine; and the turnpike or plank road so appropriated shall be relieved 

 from all incumbrance on account of the proceedings in such case, and 

 the judgment or order of the court, directing such award or assess- 

 ment to be paid, shall cease to be of any effect, except as to the costs 

 assessed against the commissioners. 



(4670-5) SEC. 3. [Engineer; bond; surveys, etc.; compensa- 

 tion.] When the commissioners determine to make any such improve- 

 ment they shall employ a competent engineer to superintend the per- 

 formance and completion of said work, who shall enter into a good and 

 sufficient bond in a sum not less than one thousand dollars, to be ap- 

 proved by the county commissioners, conditioned for the faithful per- 

 formance of his duties hereunder. The engineer shall make all neces- 

 eary surveys, profiles, estimates and specifications, and submit the same 

 to the commissioners of said county for their approval, and the same 

 shall be filed and preserved in their office. He shall receive such com- 

 pensation for his services as is fixed by law for the compensation of 

 the county surveyor for like services in other cases. 



(4670-6) SEC. 4. [Advertisement] Uuon the approval of said 

 surveys, profiles, estimates and specifications the commissioners of said 

 county shall advertise for bids in some newspaper of general circulation 

 in the county and shall let the contract for making such improvement 

 to the lowest and best bidder or bidders, who shall give such reasonable 

 security for the proper performance of their contract within the time 

 and in the manner prescribed therein, as the county commissioners may 

 deem expedient. 



Act authorizing temporary loans in anticipation of proceeds of above act, see 

 (28241) R. S. 



(4670-7) SEC. T. [Improvement of certain public roads.] In 

 any county of this state having not less than two hundred and twenty- 

 five miles of improved graveled free roads, including any former toll- 

 roads, where there is an unimproved county road or part thereof, not 

 exceeding three miles in length, connecting two improved graded public 

 roads or an improved part of one such public road with another such 

 improved road or part thereof, such unimproved county road or part 

 thereof may be improved by grading, graveling, draining and bridging, 

 or by any of such operations, by the commissioners of "such county in 

 the manner provided in this act. 



(4670-8) SEC. 2. [Petition; appointment of viewers; duties.] 

 Whenever twenty or more landholders from three or more townships of 

 any such county file with the commissioners thereof a petition for such 

 improvement, naming the road or part thereof to be so improved, with 

 its termini, said commissioners shall appoint three disinterested and 



