182 LAWS RELATING TO AGRICULTURE. 



SEC. 4688. [Who may appeal to probate court.] An appeal from 

 the final order of the county commissioners establishing a county road, 

 or altering or vacating, in ,whole or in part, a state or county road, or 

 changing the width of a county road, may be taken to the probate court 

 of the same county by any person having an estate in fee, for life, or years, 

 in any lands or tenements, situate in any township in the county, in or 

 through which township such new, altered, changed, or vacated road 

 passes, or by the husband of any married woman, or guardian of any 

 ward, having such an estate. 



SEC. 4689. [Appeal bond.] To perfect such appeal, the appel- 

 lant shall execute with sufficient sureties, or cause to be executed by suffi- 

 cient sureties, to be approved by the county auditor, a bond or under- 

 taking, payable to the state, in a penal sum of not less than one hundred 

 nor more than three hundred dollars, in the discretion of the auditor. 

 conditioned for the payment by such appellant of all costs that may be 

 adjudged against him in the probate court, or in any other court, to 

 which the proceeding may be removed by petition in error, which bond 

 shall be filed with the auditor on or before the twentieth day after the 

 entry of the order appealed from in the record of the commissioners ; but 

 minors, idiots, or lunatics, or their guardians respectively, may appeal 

 without giving bond, by causing an entry to that effect to be made within 

 the period aforesaid, by the county auditor in the record of the commis- 

 sioners. 



SEC. 4690. [Auditor to transmit papers to court.] Within ten 

 days after the filing of an appeal bond, or the making of an entry for 

 an appeal, as aforesaid, the county auditor shall transmit to the probate 

 court the original papers in the proceeding, and a certified transcript, 

 from the record of the commissioners, of all proceedings and orders had 

 or made by or before them therein, upon the receipt of which, the probate 

 judge shall forthwith docket the proceedings, styling the petitioners 

 plaintiffs, and the appellants defendants, and shall set a day for the hear- 

 ing thereof, which shall. not be later than the twentieth day after such 

 docketing of the appeal. 



SEC. 4691. [When court may affirm or set aside proceedings.] 

 If, upon the hearing of the matter, it appear that the proceedings previous 

 to the appeal were, in substance, regular and legal, and if no exception be 

 taken by any claimant of compensation and damages to the assessment 

 returned to and approved by the county commissioners, the probate court 

 shall affirm the orders of the commissioners, and enter a judgment against 

 the appellants for all costs created by the appeal ; but if the previous 

 proceedings are found to be substantially erroneous, the court shall set 

 them aside, and order another view by three disinterested freeholders of 

 the county, to be appointed by the court, who shall perform the same 

 duties that are required by chapter two, of viewers appointed by county 

 commissioners, except that they shall make their return to the probate 

 court. 



SEC. 4692. [The order to viewers.] The order to the viewers 

 shall specify a place where, and a day upon which, or within two days, 

 Sunday excepted, thereafter, they shall meet to commence the perform- 

 ance of their duties, and shall require them to make their report on or 

 before a day therein specified, which shall not be later than the twentieth 

 day after the entry of the order in said court : and the court shall also 

 appoint a surveyor to attend the viewers and perform the duties required 



