212 



LAWS RELATING TO AGRICULTURE. 



SEC. 4781. [Powers and duties of road commissioners.] The 



road commissioners may appoint superintendents, and such other agents 

 as they may deem necessary to carry into effect the provisions of this 

 chapter; a majority shall be a quorum, and have power to transact any 

 business and exercise any power devolving upon or intrusted to them 

 by this chapter, and they shall keep a record of their proceedings, which 

 shall at all times be open for inspection, -by any person interested, or 

 desiring to inspect the same. 



SEC. 4782. [Further powers of such commissioners.] The com- 

 missioners may receive subscriptions and donations, in money, or real 

 or personal property, which shall be applied to the construction of the 

 road ; they may make contracts for constructing the road in a solid and 

 durable manner, and keeping the same in repair ; they may open and 

 finish the road in the first instance, along such portions of the line 

 thereof as are available for travel or transportation ; they may purchase 

 and procure all necessary implements and fixtures to preserve the road, 

 and contract for and purchase such stone, gravel, and other material 

 as may be necessary for its construction and repair ; and if the commis- 

 sioners and owners of such material can not agree on a price deemed fair 

 and reasonable, the commissioners may apply to the judge of the pro- 

 bate court of the county to appoint appraisers to assess the value of such 

 material. 



SEC. 4783. [Assessment of damages for material taken, etc.] On 

 the filing of such application the probate judge shall appoint three dis- 

 interested freeholders, who, after being duly sworn to impartially assess 

 the value of the material, or any part thereof, shall enter upon the 

 premises of the owner of such materials, and assess the value thereof, 

 and the damages that will accrue to the owner by the removal thereof 

 through his premises, and within ten days after appointment return their 

 award to the court; thereupon the probate judge shall require the commis- 

 sioners to pay for or give security for the payment of all material to be 

 taken, and damages done to the owner of the premises, and in ten days 

 after the return of the award, on application of the commissioners, fur- 

 nish them a copy of the same ; and they may thereupon enter upon the 

 lands, either inclosed or uninclosed, and remove such stone, gravel, or 

 other materials, unless an appeal has been taken as provided in the next 

 section. 



SEC. 4784. [Appeal from the assessment.] An appeal from the 

 decision of the appraisers may be taken by either party to the court of 

 common pleas, within twenty days after the rendering of the award, 

 upon the appellant entering into an undertaking to the adverse party, 

 in a sum not less than fifty dollars, and in all cases not less than double 

 the amount of such award. 



SEC. 4785. [Road commissioners may sell donated land.] The 



commissioners may receive donations of land to aid in the construction 

 of the road, and sell and convey the same in fee simple, and they may 

 take releases of the right of way. 



SEC. 4786. [Upon what property taxes to be assessed.] Extra 

 taxes, when levied as hereinbefore provided, shall be on real and personal 

 property within one mile on each side of the free turnpike road, except 

 where any road improvement or free turnpike road, or any toll road, or 

 unimproved state or county road, being unconnected with the same, runs 

 upon either side of such proposed road, within less than two miles, then 



