246 LAWS RELATING TO AGRICULTURE. 



tion of turnpike roads, under any law, find it necessary, by reason of 

 the inconvenient location of gravel or stone for the construction or repair 

 of such roads, to have the gravel or stone transported to convenient 

 points by rail, they may make such contract for transportation, at public 

 sale, as will best subserve the public interest; the cost of such material, 

 ai\d the transportation of the same, shall be paid from the county 

 treasury, by order of the commissioners, from any funds applicable to 

 the construction of such roads, and the same shall be taken into the 

 estimate of any contract price, at the time of the sale of such roads ; 

 and contracts heretofore entered into for the purpose above named, and 

 remaining uncompleted, shall be held to fall within the provisions of this 

 section. 



SEC. 4913. [County commissioners may appropriate certain 

 roads.] The county commissioners of any county through which any 

 turnpike or plankroad, or part of the same passes, are authorized to 

 appropriate as county roads any part of such roads that may remain 

 unfinished for five years ; and they may proceed at any time after any such 

 road has become a county road, under the provisions of this section, to 

 improve the same under the provisions of any law, and shall have the 

 benefit of all work done on such road or parts thereof, by any company 

 or corporation, without any compensation for the same ; but this section 

 shall not be construed to authorize the appropriation of any part of such 

 road already finished. 



SEC. 4914. [What roads may be declared abandoned, and when.] 



Any turnpike or plankroad in the state upon which toll has been or 

 may be authorized to be taken, which has been or may hereafter be out 

 of repair for the period of six months, shall be deemed and held aban- 

 doned ; and upon such abandonment being declared, as hereinafter pro- 

 vided, it shall be unlawful for any company or person owning or claim- 

 ing to own such road, or any person owning or claiming to own the 

 right to take tolls thereon, or any person in behalf of such company or 

 person, to take, demand, or receive toll for the use of such road, or so 

 much thereof as may be so declared abandoned. 



SEC. 4915. [Petition to have same declared abandoned.] Any 



twelve or more freeholders of a county in or through which any toll, 

 turnpike or plankroad, or any part thereof, has been or may hereafter 

 be constructed, may present to the probate court of any county in which 

 such road or part thereof is situate, their petition, stating that such road 

 or part thereof has not been kept in repair for the preceding six months, 

 and praying that the same may be declared abandoned and vacated as 

 a toll road ; to which petition the company or persons owning or claim- 

 ing to own such road, and all persons owning or claiming to own the 

 right to take toll thereon, shall be made defendants. 



SEC. 4916. [Notice, and hearing on petition.] On the filing of 

 such petition the court shall fix a time for the hearing thereof, not less 

 than thirty days nor more than forty days thereafter, and issue a no- 

 tice in writing to the defendants, stating the filing of such petition, and 

 the day fixed for hearing thereof, and requiring the defendants to ap- 

 pear and answer, which notice shall be served in the same way as a 

 summons in civil cases : and on the hearing of such petition, if the court 

 find that the road or part thereof has been out of repair as aforesaid, 

 the court shall declare the same abandoned and vacated as a toll road. 



