222 LAWS RELATING TO AGRICULTURE. 



and when the grading has been already done, and the bridges and cul- 

 verts already built, one-half of the cos't of such improvements shall be 

 assessed upon the landowners along and adjacent to the line of the road, 

 as provided in this chapter, and one-half upon the grand duplicate of 

 the county. 



SEC. 4831. [Two-mile assessment pikes; petition for improve- 

 ment of; viewers; how appointed, and duties of; proviso.] Upon the 

 presentation of a petition stating the kind of improvement prayed for 

 and the points between which the same is asked, signed by five or more 

 of the landholders whose lands will be assessed for the expense of the 

 same, and the filing of a bond signed by one or more responsible free- 

 holders to whom the petitioners shall be responsible, pro rata, condi- 

 tioned for the payment of the expenses of the preliminary survey and 

 report, if the improvement be not finally ordered, the commissioners 

 shall appoint three disinterested freeholders of the county as viewers 

 and the county surveyor, to proceed upon a day to be named by the 

 commissioners to examine, view, lay out, and straighten such road, as 

 in their opinion public convenience and utility require. Provided, that 

 in locating such improvements within the territorial limits of any incor- 

 porated village or town, the county surveyor and viewers shall be con- 

 fined to the platted streets of such village or town. 



SEC. 4832. [Notice and publication.] The county auditor shall 

 notify the viewers and surveyor of the time and place of their meeting 

 to make the view, and shall also give notice by publication, in a news- 

 paper printed in the county, for three consecutive weeks prior to the 

 meeting, which notice shall state the time and place of meeting, the kind 

 of improvement asked for, the place. of beginning, intermediate points, 

 if any, and the place of termination. 



SEC. 4833. [Duties of viewers and surveyor.] The viewers, and 

 surveyor or engineer, shall meet at the time and place specified by the 

 commissioners, and, after taking an oath faithfully and impartially to 

 discharge the duties of their appointments, shall take to their assistance 

 two suitable persons as chain-carriers, and one marker, and proceed to 

 view, examine, lay out, or straighten such road, as in their opinion public 

 utility and convenience require, and assess and determine the damages 

 sustained by any person through whose premises the road is proposed 

 to be laid out, straightened, or improved ; but the viewers shall not be 

 required to assess damages to any person except minors, idiots, or luna- 

 tics, in consequence of the appropriation of any private property for 

 the making of the improvement, unless 'the owner thereof, or his agent, 

 file a written application with the viewers, giving a description of the 

 premises on which damages are claimed by them. 



. -SEC. 4834. [Appeal from assessment.] All applications for dam- 

 ages shall be barred, .unless they be presented as above required, and 

 any person feeling aggrieved by the assessment made may demand of 

 the commissioners to have the same assessed by a jury ; in which case 

 the claimant may appeal to the probate court of the county, and the 

 same proceedings shall there be had, and like orders and judgments 

 rendered, as are provided in chapter four; but the guardian of any minor, 

 idiot, or insane person may act for his ward, and all his acts shall be 

 binding upon the ward. 



SEC. 4835. [Report of viewers to commissioners.] The viewers 

 and surveyor or engineer, shall make a report to the commissioners at 



