258 LAWS RELATING TO AGRICULTURE. 



feet in height, where the same shall have any immediate connection with 

 a public highway, or is adjacent thereto, in an unprotected condition; 

 provided, that in such cities and villages as by law have the right to 

 demand and to [do] receive part of the bridge fund levied within the 

 same, such guard-rails shall be erected by such municipality ; 



[Hedge fences.] And provided, further, that it shall be a suffi- 

 cient compliance with the provisions of this act, if said commissioners 

 shall cause to be erected and maintained, a good stock-proof hedge fence 

 where a guard-rail is required by this act ; such guard-rails or hedge fence 

 shall be erected in a substantial manner, having sufficient strength to 

 serve a protection to life and property, the expense of same to be paid 

 out of the county bridge fund of each county. 



(4941-2) SEC. 2. [How paid for.] Said guard rails shall be 

 erected in a substantial manner, having sufficient strength to serve as a 

 protection to life and property, and shall be paid for out of the county 

 bridge fund in each and every county of this state. 



(4941-3) SEC. 3. [Penalty.] Each and every failure to comply 

 with the provisions of this act shall render the county liable for all 

 accidents or damages as a result of such failure, which may occur after 

 a period of five years from the passage of this act. 



SEC. 49410. [County commissioners may purchase toll bridge; 

 proceedings when price not agreed upon; proviso.] The commission- 

 ers of any county in which there is a toll bridge, or any bridge owned 

 by any person or corporation authorized by law to charge and collect toll 

 for crossing the same, may purchase such bridge together with the 

 approaches at such price as may be agreed upon by them and the owners 

 of such bridge; and in case they are unable to agree with the owners 

 thereof, upon such purchase and sale, the commissioners may appropriate 

 the same; and for this purpose they shall cause an accurate survey and 

 description of such bridge and approaches, and the land occupied 

 by the same, to be made, and shall file the same with the probate judge 

 or court of common pleas of the county, and thereupon the same pro- 

 .ceedings shall be had, which are now provided by law for the appropria- 

 tion of private property for municipal corporations ; and upon payment 

 of the agreed price, or payment into court of the compensation assessed, 

 the right to charge or collect toll shall thereupon cease. Provided how- 

 ever that in case any such bridge sought to be purchased or appropriated 

 is a part of the plankroad, and is located within one-fourth of a mile 

 from the end thereof, as then existing, said commissioners shall also be 

 required to purchase, or appropriate, in connection with said bridge, all 

 of said plankroad lying between said bridge and the end of the said plank 

 road, not exceeding one-fourth of a mile, together with any toll-house 

 used in connection with said bridge, but said sale or appropriation shall 

 in no way affect the right of said plank road company to collect toll 

 on the unsold or unappropriated part of its said plank road. 



SEC. 49416. [Right to bridge forfeited.] When the commission- 

 ers make an appropriation of any bridge as specified in the last preced- 

 ing section, and fail to pay for the same within three months after the 

 assessment of compensation shall have been made as hereinbefore pro- 

 vided, the right of the commissioners to make such appropriation on 

 the terms of the assessment so made, shall cease and determine ; and the 

 bridge so appropriated shall be relieved from all incumbrance on account 



