LAWS RELATING TO AGRICULTURE. 1ST 



the same as in the case mentioned in section forty-seven hundred and 

 nine, but the commissioners, if in tiieir opinion a part onlv of a road will 

 be of public utility, may record and establish such useful part, and reject 

 the residue, if such division can be made without affecting the rights 

 of anv person entitled to compensation and damages. 



SEC. 4712. [Proceedings of trustees on transcript.] The town- 

 ship clerk, upon receiving a transcript from the probate judge, as afore- 

 said, shall lay it before the township trustees, who shall make an olcfer 

 in conformity with the decision of the probate court. 



SEC. 4713. [Decison of court reviewable on error.] The final 

 decision of the probate court, made under the provisions of this chapter,, 

 may be reviewed, upon a petition in error, by the court of common pleas 

 of the proper county, but shall not be reversed for any defect .in form 

 if found to be substantially correct ; and upon a reversal, a court "of 

 common pleas may award a writ of procedendo, when deemed necessary. 



SEC. 4714. [Fees of officers and others.] For their services re- 

 quired by this chapter, the officers herein mentioned or referred to shall 

 be entitled to the same fees as they are entitled to by law for like service > 

 in other cases ; and the person or persons appointed to show premises to 

 a jury shall receive such compensation, to be taxed in the cost bill, as 

 the court shall direct. 



SUPERVISORS AND ROAD WORK. 



SEC. 4715. [Duties and powers of supervisors.] Every super- 

 visor shall open or cause to be opened, and also keep in repair, all public 

 roads and highways which are laid out and established in his road dis- 

 trict, and remove, or cause to be removed, all encroachments, by fences or 

 otherwise, and all obstructions that may from time to time' be found 

 thereon; and supervisors may enter upon any uncultivated or improved 

 lands, unincumbered by crops, near to or adjoining such roads, cut or 

 carry away timber, except trees or groves or improved lands planted or 

 left for ornament or shade, and may dig, or cause to be dug and carried 

 away, any gravel, sand or stone which may be necessary to make, im- 

 prove or repair any such road, and that the owner of such property so 

 taken by the supervisor be paid a reasonable compensation therefor, to 

 be assessed by the trustees, and said claimant, for his damages, may have 

 an appeal, as hereinbefore provided for in section forty-si.r hundred and 

 ninety-nine, and the amount found due shall be paid as provided in sec- 

 tion four thousand seven hundred and forty-fire. 



Ditches and watercourses on highways into which underground drains empty 

 shall be kept open and deep enough by supervisor, (4510-16). 



SEC. 47150. [Unlawful making of open ditches along high ways ;, 

 penalty.] It shall be unlawful for any supervisor to excavate or make 

 any open ditch on and along a public highway in front of any dwelling- 

 house or yard surrounding the same, or entrance thereto, or in front of 

 the entrance or approach to any barn on that side of the road on which 

 the said buildings are situate, unless he forthwith puts in a sufficient 

 under-drain and fills up the excavation to the original level, except when 

 authorized to make such open ditch at such points, by the owner of such 

 buildings or trustees of the township. And any road supervisor violating 

 this section shall forfeit and pay to the owner of any such buildings 



