230 LAWS RELATING TO AGRICULTURE. 



missioners may, for cause, remove the engineer and appoint another in 

 his place. 



SEC. 4842. [Commissioners to apportion estimated expense of 

 improving free turnpikes.] The commissioners, when any such im- 

 provement is ordered, shall immediately appoint three disinterested free- 

 holders of the county, who shall, upon actual view of the premises, 

 apportion the estimated expense thereof upon the real property embraced 

 in the order, according to the benefit to be derived therefrom, and report 

 the same to the county auditor ; and in making such apportionment, they 

 shall take into consideration all previous special assessments, or special 

 taxes made upon such real property for the improvement of any road, 

 and any benefit which will accrue to any land by reason of drainage 

 resulting from the making of the improvement; and if any of the lands 

 to be assessed are subject to a life estate, the assessment made thereon 

 shall be apportioned between the owner of the life estate and the owner 

 of the fee, in proportion to the relative value of their respective estates, 

 such proportion to be ascertained upon the principles applicable to life 

 annuities. 



SEC. 4843. [Notice and proceedings on report.] When the re- 

 port of the committee is returned, the county auditor shall give notice 

 thereof by publication in some newspaper published and of general circu- 

 lation in the county, for at least three consecutive weeks, of the time 

 when the commissioners will meet at the county auditor's office to hear 

 the same ; and on the day named in the notice the commissioners shall 

 meet, and if no exceptions have been filed to the report, shall 

 confirm the same; but if exceptions in writing have been filed by 

 any of the owners of the lands affected thereby, they shall first proceed 

 to hear such exceptions, and for that purpose shall hear any testimony 

 offered by any party interested, and either of the commissioners may 

 administer oaths to witnesses ; and after such hearing they may either 

 confirm the report, change it, or refer it to a new committee of three 

 disinterested freeholders. 



SEC. 4844. [Proceedings on a re-reference.] If the report be re- 

 ferred, the new committee shall, upon actual view of the premises, 

 report a new apportionment, or recommend the confirmation of the 

 former report ; upon the return of such report to the county auditor, the 

 same proceedings shall be had as upon the return of the first report, 

 except that there shall not be a re-reference to another committee ; and the 

 final action of the commissioner [s] shall be entered upon their records, 

 together with the report as confirmed, showing how the estimated expense 

 has been apportioned upon the lands ordered to be assessed. 



SEC. 4845. [Assessment may be increased or diminished.] After 

 the work is completed, the county auditor, before placing the assess- 

 ment upon the duplicate, shall add to or deduct from the estimate, pro 

 rata, the amount that the actual expense may be found to be more or 

 less than the estimate ; all assessments on lands, under the provision of 

 this chapter, shall be placed upon a special duplicate, to be provided by 

 the county auditor, at the expense of the county; and the costs and 

 expenses of the preliminary survey, proceedings, and report of the 

 improvement, shall be paid out of the county treasury. 



SEC. 4846. [Commissioners may issue bonds to meet expenses 

 of road improvements.] For the purpose of raising the money neces- 

 sary to meet the expense of the improvement, the commissioners of 

 the county may issue the bonds of the county, payable in installments, 



