LAWS RELATING TO AGRICULTURE. 223 



their next regular session, showing the public necessity of the contem- 

 plated improvement, the damages claimed, and by whom, the amount 

 assessed to each claimant, an estimate of the expense of the improve- 

 ment, and the lots and lands which will be benefited thereby, and ought 

 to be assessed for the expense of the same ; but no lands shall be so 

 assessed which do not lie within two miles of the proposed improve- 

 ment, and the distance of two miles may be computed in any direction 

 from either side, end, or terminus of the' road; and lands that' have once 

 oeen assessed for the expense of any improvement made under the pro- 

 visions of this chapter, shall not be re-assessed under subsequnt" pro- 

 ceedings for an extension of the same, unless the prior assessment be 

 not deemed proportioned to the whole benefit resulting to such lands. 



SEC. 4836. [Proceedings when report of viewers of two-mile 

 assessment pike is filed.] When the report is filed, the commission- 

 ers shall, unless such report shows that there is no public necessity for 

 the contemplated improvement, enter on their records and order that 

 the improvement be made which order shall state the kind of improve- 

 ment, the width, the extent of the same, and the lands which shall be 

 assessed for the expenses thereof; but such order shall not be made 

 until a majority of the resident landowners of the county whose lands 

 are reported as benefited and ought to be assessed, and in counties con- 

 taining a city of the first grade of the first class, in addition to such 

 landholders, a majority in interest of the persons whose lands abut upon 

 said proposed improvement, subscribe the petition mentioned in section 

 four thousand eight hundred and thirty-one; in determining such ma- 

 jorities minor heirs shall not be counted for or against the improvement, 

 unless represented by legal guardian, and the action of such guardian 

 shall be binding upon such minor heirs ; and all heirs or owners, either 

 adults or minors, to any undivided estate, shall only be entitled to one 

 vote for or against such improvement, and the name of any person who 

 has acquired title to the same by gift, or in any other manner, for the 

 purpose of making such person a petitioner for or remonstrator against 

 such improvement shall not be counted in favor of the same, or against 

 the same. 



SEC. 48360. [Commissioners of Lucas county may order roads 

 improved; expense, how ordered paid.] In counties containing a city 

 of the third grade of the first class, when a petition, as provided in sec- 

 tion forty-eight hundred and thirty-one of the Revised Statutes, shall 

 have been presented to the county commissioners, asking that a macad- 

 amized, stone, or gravel road be constructed on the roadway of any state; 

 county, township, or free turnpike road, or any part thereof, and the 

 viewers and surveyor or engineer shall have reported to the commis- 

 sioners, as provided in section forty-eight hundred and thirty-five, if in 

 the opinion of the commissioners public utility requires it, they shall 

 enter on their records an order that the improvement be made, which 

 order shall state the kind of improvement, the width and extent of the 

 same, the material to be used, and such pertinent description of the same 

 as they shall deem necessary by reference to plans, profiles and specifi- 

 cations, or otherwise, which shall be held to include all necessary grad- 

 ing, drains, under-drains, ditches and culverts to the proper completion 

 and maintenance of such road ; and at the same time, said commission- 

 ers shall order that a portion of the cost and expense thereof, which 

 shall not be less than one-third nor more than one-half of the total cost 

 and expense thereof, shall be paid out of the proceeds of any levy or 



