LAWS RELATING TO AGRICl'LT I'KE, 183 



by the chapter aforesaid of surveyors, who shall have power to take to 

 his assistance two chainmen and a marker, all of whom shall be disin- 

 terested, and he shall deliver a report and plat of his survey to one of 

 the viewers, in time to be returned with their report and it shall be so 

 returned. 



SEC. 4693. [When the court must confirm proceedings.] If the 

 proceedings and report of viewers and surveyor, or of the reviewers 

 hereinafter mentioned, be substantially legal, and also substantialR^coin- 

 cides with the order of the commissioners appealed from, the court shall 

 confirm such proceedings and report, and shall render a judgment against, 

 the appellants for the costs created by the appeal ; or, if the report of thc 

 viewers be favorable to the petitioners, but materially varies from the 

 order appealed from, the court shall nevertheless confirm the same, if k 

 be within the scope of the petition, and substantially legal ; and the court 

 may, in such case, require all the costs created by the appeal to be paid 

 by the appellants, or by the petitioners, or a portion of them by the one 

 party, and the residue by the other, as may be equitable, and shall render 

 a judgment accordingly. 



SEC. 4694. [When review may be ordered.] If the report of the 

 viewers, appointed by the court be adverse to establishing, altering, vavat- 

 ing, or changing the width of the road, the court shall, upon the motion 

 of the petitioners, or any twelve of them, but not otherwise, order a 

 review by five disinterested freeholders of the county, to be appointed 

 by the court, to whom an order similar to that hereinbefore prescribed in 

 respect to viewers shall be issued ; and such reviewers shall examine the 

 proposed new roacT, alteration, or change, or road or part thereof pro- 

 posed to be vacated, as defined or referred to in the order appealed from, 

 and report in writing to the court their opinions for or against the same, 

 with their reasons ; and if their report be such as is mentioned in the 

 first clause of the preceding section, the court shall proceed as directed 

 in said clause, but if it be adverse to such new road, alteration, change 

 or vacation, no further proceedings shall be had in the premises, except 

 to render a judgment against the petitioners for all costs that have accrued 

 from the commencement of the proceedings before the commissioners. 



SEC. 4695. [When other viewers, etc., maybe appointed.] When 

 a viewer, reviewer, or surveyor, appointed by the court, is unable or fails 

 to attend to the duty required of him, the court may substitute another in 

 his stead. 



SEC. 4696. [Oath of viewers, etc.] Every viewer, reviewer, sur- 

 veyor, chainman or marker, appointed or selected under the provisions 

 of this chapter, shall, before entering upon his duties, take an oath faith- 

 fully and impartially to discharge the duties of his appointment, which 

 oath may be administered by any person authorized by section forty-si.r 

 hundred and forty-eight to administer an oath, or by any other competent 

 authority. 



SEC. 4697. [Appeals from township trustees.] An appeal to the 

 probate court from the final decision of the trustees of the township or any 

 petition or report for or against the establishment of a road, shall be 

 allowed, and the court may order another view of the road, assessments 

 of damages, or make any other order which may be just and reasonable 

 in the case, if the appellant enter into bond to the state, for the use of 

 the township, in the sum of one hundred dollars, with sufficient security,. 



