ART. 28.] COUNTY COMMISSIONERS. 181

to be made in the last preceding section, be made within thirty
days after laying said railway.

41. On the application of the owners of any quarry over or
through which any private rail road may pass, the county com-
missioners may have the location of said road altered, so as to
avoid the interfering with the working of the quarry.

42. The county commissioners shall not appoint commissioners
to lay out any private road until satisfactory proof shall have
been produced that at least ten days' notice before the applica-
tion had been given to the parties through whose lands the pro-
posed road is to be located, which notice shall describe the loca-
tion to be made.

43. If there shall be an estate for life or term of years, or
tenancy from year to year, in the lands through which any
private road may be located, the county commissioners shall ap-
portion the damages awarded to the land owners among the
parties interested in the land, according to their several interests,
in possession, expectancy, remainder or reversion; and the
several Circuit Courts, on appeal, shall have a similar power of
apportionment.

44. The commissioners appointed to lay out a private road,
shall each be entitled to two dollars per diem for every day they
shall be necessarily engaged in locating such road; and the said
commissioners may appoint a surveyor to assist in locating the
same, and may allow him such compensation for his services as
they may deem proper; and the per diem to the commissioners,
and the compensation pf the surveyor, shall be paid by the person
applying for the road.

45. No such road shall be made through any garden, yard
orchard or meadow.

46. Any person feeling himself aggrieved by the determination,
of the county commissioners, in granting or refusing any road,
or in the amount of compensation awarded, or in any matter
relating to the granting or refusing to grant any such road, may
appeal, within the time prescribed by law, to the Circuit Court
of the county in which such application shall be made, and either
party may be entitled to a trial by jury, and the judgment ia
the case shall be final between the parties.