214 



LAWS RELATING TO AGRICULTURE. 



tion of the road commissioners, or paid to them in money, as hereinbefore 

 provided. 



SEC. 4792. [Road commissioners to make annual settlement.] 

 The road commissioners shall, annually, on the first Monday in December, 

 make a full settlement with the county commissioners of the several 

 counties in or through which their respective roads are located, and 

 shall file with them a statement of all their receipts and expenditures 

 'within the county, and deposit a copy thereof in the auditor's office of 

 the county. 



SEC. 4793. [Settlement to be enforced by action.] Should such 

 commissioners fail to make settlement as provided by the preceding sec- 

 tion, the county commissioners shall, at the next term of the court of 

 common pleas, of the county, cause an action to be instituted against them 

 in the corporate name of the road, to enforce such settlement. 



SEC. 4794. [Duplicate is prima facie evidence.] Such action 

 shall be conducted by the prosecuting attorney of the county, and such 

 delinquent commissioners shall be held prima facie liable for the full 

 amount of taxes and money which were applicable to the construction 

 of the road as the same appears upon the tax duplicate of the county; 

 and in all cases judgment shall be rendered against them for all the 

 costs of the suit. 



SEC. 4795. [The road commissioners are a body corporate.] The 

 road commissioners and their successors shall be a body corporate, under 

 such name as the commissioners of the county may designate, lor the 

 purpose of carrying into effect the provisions of this chapter ; they shall 

 prosecute for all obstructions to the road, or for injuries done to the 

 same, or to bridges thereon; the amount recovered in each case shall be 

 the amount of damages actually found by the court or jury, and the 

 interest thereon ; and in all cases the commissioners shall have a right 

 to sue, either before a justice of the peace, or in the court of common 

 pleas of the county, as in other cases, and the amount so collected in each 

 case shall be used for the benefit of the road, and be paid over to the 

 commissioners. 



SEC. 4796. [One-mile assessment pike must be accepted by 

 county commisioners.] When the road commissioners deem they 

 have their road completed in a good substantial manner, by the bridges 

 aud culverts thereon having been built, and the road macadamized, they 

 may make application to the board of county commissioners to receive 

 the same ; the county commissioners shall, within a reasonable time after 

 the filing of such application, proceed upon actual view to examine the 

 same, and if, upon such examination, it be their opinion that such road 

 is in suitable condition to be received as completed, they may receive 

 the same, and such road may be kept in repair as provided in chapter 

 ten ; and when the free turnpike road has been completed and received 

 by the county commissioners, they shall enter such finding upon their 

 journal, and the county auditor shall certify such finding to the trustees 

 of the several townships through which any part or all of the road runs, 

 giving the name and description of the same ; and when such road is 

 paid for, and its bonds and coupons, if bonds have been issued thereon, 

 shall have been redeemed, the road commissioners shall, by order of the 

 county commissioners, cease to be a body corporate. 



SEC. 4797. [Pay of officers, and vacancies.] The commissioners, 

 superintendents, and agents of the road shall be allowed one dollar and 



