LAWS RELATING TO AGRICULTURE. 215 



fifty cents per day for every day actually employed on the business of 

 the road ; and when any vacancy occurs in the board of commissioners 

 by death, resignation, or otherwise, the commissioners of the county 

 shall, when notified thereof, fill the same. 



SEC. 4798. [Certain expenses to be paid by county.] The ex- 

 penses of surveying- and locating the road shall be paid out of the county 

 treasury, and the other expenses incident to the construction of the road 

 shall be paid out of the funds appropriated by this chapter to the con- 

 struction of the same : and the sum paid the surveyor and his assistants 

 shall not exceed the customary wages per day for every day they may 

 be actually employed in locating and surveying the road.'* 



SEC. 4799. [Who may sign petitions.] All petitions to the 

 county commissioners to appoint commissioners to lay out and establish 

 free turnpike roads, and to levy an extra tax for the construction thereof, 

 and all remonstrances against either, shall only be signed by freehold 

 taxpayers, resident within the county in which 'the road is proposed or 

 situated, owning lands within the bounds of the road, as described in 

 section four thousand seven hundred and eighty-sir; minors residing in 

 the county, and owning lands in such bounds, shall not be counted for 

 or against the road or extra tax, unless represented by their legal 

 guardian; and all owners, either adults or minors, of any undivided 

 estate, shall only be entitled to one vote for or against the road or tax. 



SEC. 4800. [One-mile assessment pike; bridges; material for re- 

 pairs.] The county commissioners shall build any or all of the bridges 

 and culverts upon the roads provided for in this chapter, contract, and 

 pay for all material used in the contruction or repair of such roads, and 

 in case the county commissioners and any owner of any material can not 

 agree upon the amount to be paid therefor, then the county commis- 

 sioners shall have all the rights and powers of applying to the probate 

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

 material and the damage accruing to lands by reason of the removal 

 thereof, as are conferred on road commissioners by sections four thousand 

 seven hundred and eighty-two and four thousand seven hundred and 

 eighty-three. 



SEC. 4801. [How road may be made toll road.] When two con- 

 secutive miles or more of any free turnpike road is made in good order 

 for travel or transportation, and the taxes applicable thereto and the 

 two days' labor will not keep the same in repair, and three-fourths of 

 the resident freeholders on the road, as described in section four thou- 

 sand seven hundred and eighty-six, after giving notice as required in 

 section four thousand seven hundred and seventy-four, petition the county 

 commissioners therefor it shall be their duty to authorize the commis- 

 sioners of the road to place a gate or gates on their road, and charge 

 such rate of toll, when added to the common tax of the grand levy and 

 the two days' work, as will keep the road in good repair ; but no greater 

 rate of toll shall be charged than is allowed by law to turnpike roads ; 

 and the road commissioners shall continire to manage such free turnpike 

 road, and have the benefit of all laws regulating turnpike roads, in the 

 collection of tolls, and other matters pertaining to the maintenance and 

 preservation of the road. 



SEC. 4802. [How location of road may be changed.] The board 

 of county commissioners of any county may change the location of. any 



