LAWS RELATING TO AGRICULTURE. 235 



SEC 4862. [County may purchase roads.] The county commis- 

 sioners of any county may purchase and make free any turnpike road, 

 or part of such road, within the limits of their respective counties on the 

 conditions and by the procedure which are provided for the construc- 

 tion or improvement of roads in this chapter. 



SEC. 4863. [Who may take advantage of errors.] No person 

 shall be permitted to take advantage of any error committed in anv 

 proceeding to lay out, construct, or improve a road under and by virtue 

 of this chapter, nor of any error committed by the county commissioners 

 or county auditor, or by the engineer or surveyor, or other person, in 

 the proceeding to lay out, construct, or improve such road, nor of any 

 informality, error, or defect appearing in the record of such proceeding, 

 unless the party complaining is affected thereby. 



SEC. 4864. [How far proceedings may be declared void.] But 



the court in which any action is now pending, or may hereafter be brought 

 to enjoin, reverse, or declare void the proceedings by which any such . 

 road has been laid out, constructed, or improved, or ordered to be laid 

 out, constructed or improved, or to enjoin the collection of any tax or 

 assessment levied or ordered to be levied, for the purposes aforesaid, or 

 of either, may, if there be manifest error in such proceedings affecting 

 the rights of the plaintiff in such action, set the same aside as to him, 

 without affecting the rights or liabilities of the other parties in interest; 

 the court shall, on the final hearing, make such order in the premises 

 as may seem equitable and just, and may order the tax assessment 

 levied against the plaintiff to remain on the duplicate for collection, or 

 to be again levied in whole or in part, or may perpetually enjoin the 

 same, or any part thereof; the costs of such action, and of the proceed- 

 ings had therein, shall be apportioned among the parties, or paid out 

 of the county treasury, in whole or in part, as justice may require and 

 the court direct ; and this and the preceding sections shall govern actions 

 or proceedings now pending, so far as the same are applicable. 



CONVERTING TOLL ROADS. 



SEC. 4865. [Owners may propose to commissioners to sell toll 

 road.] The duly constituted officers of any incorporated turnpike 

 company may, after obtaining the written consent of the owners of a 

 majority of its stock, make a proposition to the county commissioners 

 of the county in which its road, or any part thereof, is located, for the 

 sale of such road, or any part thereof, in order that the same may be 

 converted into a free road as hereinafter provided. 



SEC. 4866. [Appraisement of the road and bridges.] The county 

 commissioners, upon the receipt of such proposition of sale, shall ap- 

 point three competent disinterested freeholders of the county appraisers, 

 who shall, upon actual view of the road, make and return to the com- 

 missioners, under oath, their appraisement of the actual cash value 

 thereof, and the actual cash value of the bridges and culverts which have 

 been built thereon by such company. 



SEC. 4867, [The commissioners may propose to buy.] The 



commissioners, at their next regular meeting after the receipt of the 

 report of the appraisers, shall, if they deem the valuation reasonable, 

 make a proposition to such officers for the purchase of the road, or any 

 part thereof, at the value reported by the appraisers, on the condition 



