244 LAWS RELATING TO AGRICULTURE. 



ments of this act and such regulations as are made in pursuance of the 

 authority herein conferred ; and the person or persons so appointed shall 

 receive, upon any conviction for an offense by them prosecuted under 

 this act, such portion of the fine or penalty as the commissioners may 

 deem just and proper; and on complaint of any freeholder, and if, in 

 the opinion of the board, owner or president of any such turnpike com 

 pany, the complaint is well founded, the said board, owner or president 

 of any such turnpike company may also enjoin any person or persons who 

 are engaged in the business of transporting heavy loads over such roads 

 in violation of the requirements prescribed under it, and the court in any 

 such action may render judgment against the defendant or defendants for 

 any damage done. 



SEC. 4905. [Penalties for violation of rules.] Any person who 

 violates, either by himself or agent, any of the rules or regulations adopted 

 by the board, and recorded in their book of records, shall, upon conviction 

 thereof before any justice of the peace of the county or any court having 

 competent jurisdiction, be fined in any sum not less than ten dollars for 

 each offense ; and all such fines shall be paid into the county treasury for 

 the use of the turnpike fund. 



SEC. 4906. [Parts of roads in cities and villages to be repaired.] 



The commissioners shall keep in repair such portions of such roads within 

 their respective counties as have since their completion been included, or 

 may hereafter be included, within the corporate limits of any city or 

 village in such counties, to points therein where the sidewalks have been 

 curbed and guttered, and no further. 



SEC. 4907. [Certain funds apportioned.] In each county wherein 

 the commissioners have been, by virtue of their office, constituted a board 

 of directors for keeping in repair the turnpike roads therein, and who are 

 not now by law such board, and who will not by the passage of this 

 chapter be made such board, and wherein there is an accumulated fund 

 in the hands of the treasurer thereof for the purpose of keeping in repair 

 such roads, the commissioners shall apportion such fund to the different 

 townships within their county, according to the number of miles of turn- 

 pike roads therein contained; and they shall direct the county auditor 

 to draw warrants on the county treasurer, payable to the treasurers of the 

 respective townships, for the amount so apportioned, to be used in keep- 

 ing in repair the turnpikes therein contained, in accordance with law, 

 and for no other purpose. 



MISCELLANEOUS PROVISIONS. 



SEC. 4908. [How certain roads may be vacated.] When a road 

 has been dedicated by private persons to public use, a majority in in- 

 terest of the proprietors of lands adjoining the road may, after having 

 given thirty days' notice by advertisement in one or more newspapers 

 published in the county in which the road is located, and having given 

 notice in the township or townships where the road is located, by having 

 posted up copies of such notice in three or more public places therein, 

 at least thirty days previous, petition the commisioners of the county 

 for the vacation of the road or any part thereof ; and if the commissioners 

 are satisfied that the notice has been given, and that no injustice will 

 be done thereby, they shall declare the same vacated ; but all costs and 

 expenses accruing upon any petition under this section shall be paid by 

 the petitioners. 



