LAWS RELATING TO AGRICULTURE. 233 



and costs, the commissioners may enter upon the lands, either inclosed 

 uninclosed, and remove such material as may be required to make 

 the road. 



SEC. 4857. [Appeals to the common pleas.] An appeal from the 

 n of the appraisers to the court of common pleas may be allowed 

 taken within thirty days after the rendering of the award- either 

 :rty desiring to appeal shall give notice at the time, or within three 

 days thereafter, of his intention to appeal to the court of common pleas 

 thereupon the probate court shall require such appellant to enter 

 o a bond, in a sum not exceeding the value of the property sought to 

 appropriated, conditioned that the appellant shall perform the judg- 

 ment of the court of common pleas, and pay all costs and damages 

 .idged or ordered by such court ; when such bond is filed, the probate 

 shall send all the original papers in the proceeding, with a certi- 

 copy of the journal entries made in the cause, to the clerk of the 

 :ourt of common pleas ; and in that court a jury of twelve men shall be 

 impaneled according to law, to try and determ'ine the amount of com- 

 pensation and damages that shall be awarded, and such proceedings 

 shall be had as are provided by law to appropriate private property for 

 public use; but such appeal shall not prevent the immediate entry upon 

 the premises by the commissioners, for the purpose of taking material. 



SEC. 4858. [When the road is in more than one county.] When 

 any proposed road improvement contemplated by this chapter is in 

 more than one county, application shall be made by petition to the 

 commissioners of each of the counties, and the commissioners of such 

 counties, upon the petition and bond being filed in their respective 

 counties, shall meet in joint session, at such time and place as the auditor 

 of the county in which there is more of such proposed improved road 

 located than in any other county shall appoint, in a notice to the audi- 

 tors of each of the counties in 'which the petition has been filed. The 

 auditor of the county in which the joint board meets shall be the clerk 

 of the board, and furnish a certified copy of the proceedings to each of 

 the counties interested. The said joint 'board shall not order such im- 

 provement made until the said petitions are respectively signed by a 

 majority of the resident land owners of the county wherein such peti- 

 tion is filed, whose lands will be assessed to pay the expenses of said 

 improvement. The petitioners shall have the qualifications required in 

 section four thousand eight hundred and thirty-six (4836). The view- 

 ers, surveyors and engineers, persons to apportion the estimated expense 

 of the improvement shall have the qualifications required, when the 

 improvement is confined to one county. And the viewers and persons 

 to apportion the estimated expense shall be appointed so as to allow 

 one at least to each county, if there are not more counties than there 

 are persons to be appointed. There shall be separate reports of the 

 viewers and of the persons to apportion the expenses, for so much of 

 such improvement as lies in each county, which shall be filed with the 

 clerk of the joint board. If any person appointed to perform duty under 

 the provisions of this chapter shall be unable to perform such duty, 

 the commissioners, or joint board of commissioners, as the case may be, 

 shall appoint another person to fill the vacancy. The assessments shall 

 be paid into the county treasury of the county where the lands assessed 

 are located ; and the money shall be paid out on the order of the joint 

 board. A majority of the joint board shall have power to make findings 

 and orders necessary to carry out the provisions of this section ; but 



