LAWS RELATING TO AGRICULTURE. 195 



tthe trustees shall not exceed twenty-five dollars to any road district 

 per annum ; any greater amount that may be presented shall be exam- 

 ined, and if allowed, shall be certified by the trustees to the commission- 

 ers of the county, with the accompanying vouchers, to be allowed by 

 them if, in their opinion, the same is just and equitable, and the com- 

 missioners shall cause the same to be paid out of the county funds for 

 that purpose; and the township trustees are authorized to levy annu- 

 ally, upon the taxable property of their respective townships, in addi- 

 tion to other taxes authorized by law, a tax sufficient to pay such certi- 

 ficates, not exceeding twenty-five dollars to each road district in the 

 township, which shall be certified, assessed, and collected as other town- 

 ship taxes. 



(4745-1) SEC. i. [When county commissioners may condemn 

 material for road purposes.] Whenever the board of county commis- 

 sioners of any county in this state are unable to purchase of or contract 

 with the owner or owners of any gravel bank or gravel bed, or other 

 deposit of gravel, or the owner or owners of any stone, timber or other 

 material in the judgment of such board of county commissioners nec- 

 essary for the construction or repair of any road or highway within 

 the said county, upon fair and equitable terms, or in case the owner or 

 owners refuse to sell or contract with the county commissioners of any 

 such county for the sale of such material, on such board of county com- 

 missioners agreeing to allow a reasonable [compensation] therefor, then 

 such board of county commissioners are authorized and hereby em- 

 powered to condemn and appropriate for public use said material in 

 such quantities as, in the judgment of said board of commissioners, the 

 public needs may require, allowing the owners therefor a just and equit- 

 able compensation for^the same. 



(4745-2) SEC. 2. [Findings may be appealed from.] An appeal 

 from the amount of compensation allowed by any such board of county 

 commissioners, for the payment of any material condemned and appro- 

 pi iated as aforesaid for public use, shall be allowed to the probate court 

 of the county, which appeal shall be perfected and docketed in the mode 

 prescribed in sections four thousand six hundred and eighty-nine and 

 jour thousand si.v hundred and ninety of the Revised Statutes of Ohio, 

 except that the appellants shall be the plaintiff and the board of county 

 commissioners the defendant. 



(4745-3) SEC. 3. [Proceedings in probate court.] Upon such 

 ;appeal, the probate court shall confine itself to the question of compen- 

 sation presented by it, and shall forthwith, after the docketing thereof, 

 cause a jury of twelve men to be selected and returned by the sheriff 

 and clerk of the county, as provided by law, and shall issue a venire, 

 commanding them to appear in court on the day and hour named in 

 the venire, which shall not be later than ten days from its date, and sworn 

 as jurors upon the trial of such claim. 



(4745-4) SEC. 4. [How notice given.] The probate court shall 

 cause a notice to be served upon the appellant and upon the board of 

 county commissioners to attend at the time and place designated for 

 hearing such appeal, which notice shall be served by delivering each 

 person named therein a copy thereof, or by leaving such copy at his 

 usual place of residence, and if any parties are non-residents of the county, 

 and have an agent or attorney therein, service on such agent or attorney 

 f=1iall be sufficient, or such notice may be sent to another county for 



