232 LAWS RELATING TO AGRICULTURE. 



chapter, into or through an adjoining county, the city council of any 

 city of the first or second class may, upon the application and recom- 

 mendation of the county commissioners of such county, if the council 

 deem the same promotive of the general interests of such city, aid in 

 the construction of the road to an extent not exceeding one-fifth of its 

 cost, the payment of the same to be provided for in the manner and 

 proportions described in section forty-eight hundred and forty-six. 



SEC. 4852. [Plats, profiles, and surveys to be preserved.] All 

 plats, profiles, and surveys, on applications for road improvements, when 

 the application fails, and the county commissioners refuse to order the 

 construction of the road, shall be carefully preserved in the office of 

 the county auditor, and the county commissioners are authorized to 

 use the same, if practicable, on any new application for the same road, 

 or any part of the same road; and upon such use of plats, profiles, or 

 surveys, or any part thereof, the persons originally charged with the 

 cost of the same shall be paid therefor, or such part thereof as may be 

 so used, in the manner provided by law. 



SEC. 4853. [Commissioners may receive donations, and contract 

 for material.] The commissioners may receive subscriptions and do- 

 nations, in money, or real or personal property, which shall be applied 

 to the construction or improvement of the road, and may contract for 

 and purchase such stone, gravel, or other material as may be necessary 

 for the construction and repair of the road. 



SEC, 4854. [Appointment of appraisers of material.] If the 

 commissioners and owners of such stone, gravel, or other material can 

 not agree on a price deemed fair and reasonable, the . commissioners 

 may apply to the judge of the probate court of the county, or if such 

 material is located in another county thaji that in which the road is 

 located, then to the judge of the probate court of the county in which 

 such material is located, to appoint appraisers to assess the value of 

 the material ; thereupon an order shall be entered of record in the 

 office of such probate court, directing that notice in writing be served 

 by the commissioners, upon the person whose property is sought to be 

 appropriated, not less than ten days before the further proceedings herein 

 provided for shall be had ; and such notice shall contain a brief descrip- 

 tion of the property sought to be appropriated, and state the use to 

 which it is to be put, and the time when further proceedings shall 

 be had. 



SEC. 4855. [Their duties and their award.] Upon the day so 

 fixed, the probate court, before whom such application is filed shall 

 appoint three disinterested freeholders, who, after being duly sworn to 

 impartially assess the value of the material, or any part of the same, 

 shall enter upon the premises of the owner and assess the value thereof; 

 and they shall also assess the damages that will accrue to the owner by 

 the removal of the material through his premises, and shall, within ten 

 days after their appointment, return their award to the probate court. 



SEC. 4856. [Affirmance of the award.] The judge of the pro- 

 bate court shall, upon the return of the award, furnish the commis- 

 sioners, on application, a copy of the same, and also furnish a copy to 

 the owner of the material : and thereupon, if neither party signify an 

 intention to appeal to the court of common pleas, the probate court 'shall 

 at once render judgment for the amount of compensation and damages 

 awarded by the appraisers, and order that, upon payment of such sums 



