LAWS RELATING TO AGRICULTURE. 253 



commissioners in case of state or county roads or township trustees in 

 case of township roads, shall have and are hereby authorized to excavate, 

 mine, quarry through or under any such road ; provided, however that 

 before said work shall be commenced, said individual, partnership or cor- 

 poration shall execute and deliver to the board of county commissioners 

 of any such county, a bond with good and sufficient surety, in such an 

 amount as shall be by said board considered sufficient to cover all damages 

 that may accrue by reason of excavating, mining or quarrying through 

 or under any such road, the same to be approved by said board ; condi- 

 tioned, that while crossing over or mining or quarrying under any such 

 road, a safe and unobstructed passageway or road s'hall be kept open by 

 such individual, partnership or corporation for public use, and as soon 

 as practicable the said road shall be fully restored to its original safe and 

 passable condition. 



(4935-2) [Owner of land abutting on public road may lay pipe- 

 line for water, etc., within line of road.] It shall be lawful for any 

 land-owner owning land abutting upon any public road, not within a 

 municipal corporation, when approved by the county commissioners, if 

 upon a state or county road, and when approved by the township trus- 

 tees if upon a township road, to lay a pipe line within the line of the road 

 for the purpose of conveying water for public and other purposes; pro- 

 viding that the laying of such pipe-line shall in no way interfere with 

 public travel or damage such road, and under such regulations as the 

 commissioners or trustees may prescribe. 



BICYCLE SIDE-PATHS. 



SEC. 4935-3. [Board of side-path commissioners.] The probate 

 judge of any county shall upon the petition of five resident wheelmen of 

 such county, appoint from the resident citizens thereof, five persons, giv- 

 ing to each city and to each rural district in the county a representation 

 on the board, as near as possible, in proportion to the probable number 

 of cyclists residing in such localities, each of whom shall be a cyclist, 

 who shall constitute a board of sidepath commissioners for such county. 

 The terms of such commissioners shall be one, two, three, four and five 

 years, from and including the first day of January of the year in which 

 the appointment is made, to be determined by such commissioners by lot 

 within one month after their appointment. A commissioner thereafter 

 appointed for a full term, shall hold office for five yars from and includ- 

 ing the first day of January of the year in which the appointment is made. 

 A commissioner appointed to fill a vacancy occurring otherwise than by 

 expiration of term, shall be appointed for the unexpired term of his 

 predecessor in office. Whenever a vacancy shall occur in the office of 

 such a commissioner by expiration of term or otherwise, the chairman 

 and secretary of the board shall file a notice with the probate judge, 

 specifying the name of such commissioner, the city or town in which he 

 resided, and the term for which his successor should be appointed. Upon 

 the receipt of such notice, the probate judge shall appoint a person to 

 fill such vancancy and file such appointment in the office of the county 

 clerk. The county clerk shall forthwith notify scuh person of his appoint- 

 ment, and he shall take office immediately upon filing his written accept- 

 ance thereof with the county clerk and taking the constitutional oath of 



