LAWS RELATING TO AGRICULTURE. 209 



sioners, and by him duly certified, of work actually done or materials 

 actually furnished, or both, and after reserving such per cent, as may be 

 fixed by the parties to the contract, to guarantee performance of the 

 same. 



SEC, 4773. [Compensation of viewers, etc.] The viewers, sur- 

 veyor or engineer, and their assistants, shall be entitled to receive the 

 same compensation for their services required under the provisions of 

 this chapter, as is now allowed by law in the construction of county roads. 



(4773-1) SEC. i. [Construction of free turnpikes by county 

 commissioners.] Whenever a majority of the landowners along any 

 contemplated route, having given notice for thirty days by publication 

 in some newspaper published in the county of their intention so to do, 

 shall present their petition to the board of county commissioners of any 

 county praying for the establishment and construction of a free turn- 

 pike road along such contemplated route, designating in the petition 

 the place of beginning and terminus of such proposed road, 



[Employment of engineer.] The commissionsers of such county, 

 if they deem the construction of such road advisable and of general pub- 

 lic interest, are hereby authorized to call to their assistance a competent 

 engineer who, with them, shall determine the line of location of such 

 road connecting the beginning and terminus points designated, and the 

 width of the road which shall not be less than thirty feet nor more than 

 sixty feet ; 



[Engineer to furnish plans, etc.] And said engineer shall de- 

 termine the full cost and expense of making said improvement, and 

 furnish plans, profile and specifications for the construction thereof. 



(4773-2) SEC. 2. [Security for cost; order of commissioners.] 

 Upon the payment into the county treasury of, or securing by proper 

 bond to the state of Ohio for the use of the county to the approval of 

 the commissioners for the payment of twenty per cent, of the total cost 

 of construction of said road, which cost shall include the cost of engi- 

 neering, superintending, grading, macadamizing, and culverting said 

 road, the said county commissioners are authorized to order the con- 

 struction thereof, 



(4773-3) SEC. 3. [Rights of way; how obtained.] Unless said 

 road be constructed along some public highway, the petitioners therefor 

 shall procure and furnish to the county, free of charge, grants of the 

 right of way therefor. But if such grants and right of way cannot be 

 obtained by the petitioners over any tract or tracts of land, the county 

 commissioners, after ordering the construction of said road, may condemn 

 the right of way over such tract or tracts of lands, 



[Cost of condemnation proceedings to be paid by petitioners.] 

 The costs and expenses of which proceedings and the amount to be paid 

 as a compensation for the land appropriated and the damages sustained 

 by reason thereof shall be paid by the petitioners for said road, and the 

 right of way secured to said county free of charge to it before any contract 

 for the construction of said road shall be entered into or any work thereon 

 shall be done And if the same be not paid within a time fixed by the 

 countv commissioners, and said right of way secured to the county free 

 of charge to it, their order authorizing the construction of such road shall 

 thenceforth be invalid. 



14 F. H. B. 



