LAWS RELATING TO AGRICULTURE. 



point of beginning and termination, and to obtain by grant, or take 

 propositions for the purpose from the owners of land over which the 

 road will pass, the right of way, and to take timber and other materials 

 necessary to the construction and repair of the same. 



SEC. 4761. [Compensation; filing amount to save costs; locating 

 over other roads.] When said commissioners and the owner or own- 

 ers fail to agree as to the amount of compensation and damages, then 

 the same shall be ascertained and determined by the board of county 

 commissioners, and if said board of county commissioners and the owner 

 or owners fail to agree as to the compensation and damages, or when 

 the owner is unknown, non-resident, or incapable of contracting, then 

 the same shall be ascertained and adjusted by proceedings had in the 

 name of the county commissioners, under .the law providing for the ap- 

 propriation of private property by corporations ; provided, however, when 

 any owner or owners not unknown, or not non-residents, or not legally 

 incapacitated from entering into a contract, and said commissioners fail 

 to agree as aforesaid, they shall cause to be filed with the proceedings 

 brought in the name of the county commissioners the amount of com- 

 pensation and damages by them tendered in writing to such owner or 

 owners, and unless said owner or owners shall be allowed by the jury 

 in said proceedings compensation and damages in excess of the amount 

 allowed and tendered by said commissioners, then said owner or owners 

 shall pay all costs made in said proceedings in the name of the board 

 of county commissioners; and the county commissioners may authorize 

 the viewers or commissioners by them appointed to locate the road upon 

 the whole or any part of any state, county, or township road heretofore 

 laid out and established within the county, and widen, alter, change, 

 or vacate the same, or any part thereof, subject to the rules as to com- 

 pensation or [for] property appropriated as aforesaid. 



SEC. 4762. [County commissioners may require donations.] Be- 

 fore determining upon the location or establishment of any such turn- 

 pike road, the county commissioners may require donations of money, 

 and written agreements on the part of taxpayers of the county subject- 

 ing their taxable property to taxation annually, to aid in the location 

 -and construction of' the same during the term of years named therein, 

 ~and at the rate therein specified, which agreements shall be filed and 

 recorded in the office of the county auditor, and from the time of such 

 filing and recording shall operate as a lien upon the real estate of the 

 : several parties joining therein as donors for the purpose therein pro- 

 vided ; all revenues derived from donations in money and taxation shall 

 be kept and held as a separate fund in the county treasury, and shall 

 be applicable only to the purposes of locating and constructing such 

 turnpike roads; and if the commissioners determine not to establish 

 and construct such road, then any money received as donations shall 

 be refunded, and the agreements for donations by taxation, shall be- 

 come inoperative. 



SEC. 4763. [Question of general tax for turnpikes must be sub- 

 mitted to electors.] The commissioners shall not levy any general 



'tax, nor appropriate any money, except so far as may be necessary to 

 pay the expense of preliminary surveys already commenced, or any other 

 liabilities already incurred, to be expended in the construction of such 

 turnpikes, without first submitting to the qualified voters of the county 



vthe question as to the policy of constructing such roads by general tax, 



