PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1847.

pany of any of the aforesaid turnpike road companies,
incorporated by the several acts enumerated in the pre-
amble to this act, having given two months notice by
advertisement, set up at the court house door of the
county, and published twice a week in any one or more
of the newspapers published in the county or counties-
through which the turnpike road may run, of their in-
tention to apply to the county court for a commission to-
mark and bound said road, and to fix the true location
thereof, may apply by petition in writing to such court
for a commission to mark and bound such turnpike road,
and to fix the true location thereof, agreeably to the
directions of this act, and upon proof being made to
the satisfaction of said county court, that such adver-
tisements were duly set up and published as aforesaid,
the court may issue a commission to any three discreet
persons, skilled in land affairs, empowering them, or a
majority of them, to mark, bound and locate the road, or
that portion thereof mentioned in such commission, with-
in the limits of the county, according to the directions of
this act.

CHAP. 60.

Notice to be
given.

SEC. 2. And be it enacted, That the said commis-
sioners, or a majority of them, shall cause advertise-
ments to be set up at the door of the court house of
their county, notifying the time and place of their
meeting, at least thirty days before their meeting, and
shall meet on the turnpike road, to proceed in the exe-
cution of their commission agreeably to the notice given
by them as aforesaid; but before any commissioner shall
proceed in the execution of any such commission other-
wise than by giving notice as aforesaid, and issuing

Commission —
how to be exe-
cuted.

summons for witnesses, he shall take an oath or affirma-
tion before some justice of the peace, or some other of
the commissioners, that he will settle and adjust the
location of the road, or that part or section thereof, men-
tioned in such commission, most agreeably to the true
original location thereof, according to the evidence and
circumstances which shall appear to him, without favor,
affection or partiality, according to the best of his ex-
perience and judgment, and make a true return thereof.

Qualification.

SEC. 3. And, be it enacted, That summons for wit-
nesses may issue out of the county court, or by the said
commissioners, or a majority of them, and witnesses so
summoned shall attend, and he subject to punishment by
the county court for not attending, in the same manner
as where summons is issued by and returnable to coun-
ty courts; and the commissioners may cause the turn-
pike road, or that portion thereof, mentioned in such

Summons—
by whom issu-
ed, and how
returnable.