234 LAWS RELATING TO AGRICULTURE. 



such majority shall be composed of at least one commissioner from each 

 county in which the improvement is located. In all matters not herein 

 provided for the joint board shall proceed according to the provisions 

 of this act. But proceedings already commenced shall be continued as 

 if this act was not passed. 



SEC. 4859. [Appeals in such cases.] Applications may be made 

 by the joint board, to the probate judge of the county in which stone, 

 gravel, or other material is located, to appoint appraisers to assess the 

 value thereof, and damages, and like proceedings shall be had thereon 

 as are provided in other cases ; and any person feeling aggrieved by 

 any decision of such appraisers may appeal from such decision to the 

 probate court of such county, and such proceedings shall then be had as 

 are provided for appeals in section forty-eight hundred and thirty-four, 

 and such orders and judgments be rendered as are there provided for, 

 and the necessities of the case may require. 



SEC. 4860, [Assessments for two-mile assessment pikes, how 

 enforced; issue of bonds to the amount of delinquencies.] When an 

 assessment, made upon any real estate by virtue of proceedings had under 

 this chapter, remains unpaid for the period of one year after the same 

 is placed upon the special duplicate, the auditor of the county in which 

 such real estate is situate, shall, unless otherwise ordered by the county 

 commissioners, place the same upon the general duplicate for collec- 

 tion, together with a penalty of six per cent, per annum as county im- 

 proved road taxes, and the amount of delinquent tax thus placed on 

 the general duplicate shall be charged, respectively, to the several im- 

 proved roads on account of which such assessments have been made as 

 a transfer from the county improved road fund. And the commis- 

 sioners of the county are hereby authorized to issue county improved 

 road bonds not exceeding the amount of such delinquencies after each 

 semi-annual settlement between the auditor and treasurer for a term 

 of years, not exceeding three, at a rate of interest not exceeding six 

 per cent., payable semi-annually, and for the payment of which both 

 the principal and interest, the faith of the county shall be pledged, and 

 the money arising from the sale of the same shall be charged to the 

 county improved road fund ; and the commissioners, in their annual 

 report to the court of common pleas, shall fully set forth the amount of 

 tax transferred and bonds sold as provided in this section. 



SEC. 4861. [Improved roads may be surrendered to county com- 

 missioners.] Any road, or part thereof, constructed or improved by 

 any corporate body, or otherwise, may, after the completion thereof, 

 with the consent of the stockholders or contributors thereto, be relin- 

 quished and transferred, without consideration, to the commissioners of 

 any county in or through which it is located, together with all rights 

 and privileges appertaining thereto such transfer or relinquishment 

 to be evidenced by a written declaration, executed by the president and 

 secretary of such corporate body, or by the other owners ; and upon the 

 deposit of such instrument of writing, duly executed, with the county 

 auditor, the commissioners, if satisfied that such road has been built 

 in such manner as to make -a good and lawful turnpike, and that there 

 are no debts against the same for the construction thereof, shall, by a 

 proper order, cause the road to be entered of record as a free turnpike, 

 within the meaning of this chapter, and thereafter such road or part 

 thereof transferred shall be a free road, and shall be kept in repair as 

 provided in chapter [ten]. 



