88 LAWS RELATING TO AGRICULTURE. 



[By landowners.] But if in their opinion such improvement is 

 not of sufficient importance to the public to cause such damages and 

 compensation, or any part thereof to be paid by the county, they shall 

 fix and determine the proportionate amount thereof which should be 

 paid by the several landowners benefited r^y the improvement. 



[Auditor to issue warrant; assessment.] And in either case the 

 commissioners shall direct the auditor to issue an order on the county 

 treasurer to each of the several complainants to whom compensation 

 or damages was allowed for the amount due, and to enter on the ditch 

 duplicate the amounts assessed against the several benefited landowners 

 for the payment of such compensation and damages, payable in the same 

 ratio and manner as other assessments, and to be collected as other 

 taxes. 



[How apportioned.] In the assessment for the payment of com- 

 pensation and damages, whether the whole or a part thereof be ordered 

 paid by the benefited landowners, the commissioners shall apportion the 

 same on all the lots and lands, and public or corporate roads or railroads 

 that will be benefited. 



[Aggrieved person; notice of appeal.] Provided, however, that 

 if any person or corporation aggrieved by any final order or judgment 

 of the commisioners shall at the final hearing before them, or within 

 such time as may be provided by law, file a written notice of an intention 

 to appeal therefrom, no further proceedings shall be had and no pay- 

 ments shall be made as herein provided until said proceedings on appeal 

 shall be finally disposed of and determined. 



SEC. 4462. [Exceptions before commissioners in proceedings to 

 establish a county ditch.] A person or corporation, party to the pro- 

 ceeding, may file exceptions to the finding of the commissioners that the 

 improvement is necessary or will be conducive to the public health, con- 

 venience or welfare, and that the line described is the best route, or to 

 the apportionment, or to any claim for compensation or damages, at any 

 time before the time set for the final hearing of the report and apportion- 

 ment. The commissioners may hear testimony and examine witnesses 

 upon all the questions made by the exceptions, and for that purpose may 

 compel the attendance of the witnesses by subpoena, which the auditor 

 shall issue on demand, and their decision on the exceptions shall be 

 entered on the journal, and if they sustain the exception, the cost of the 

 hearing thereon shall be paid out of the county treasury, and if they 

 overrule the same, such cost shall be taxed against the person or corp- 

 oration filing the 'exceptions. 



SEC. 4463. [Who may appeal to the probate court, and how ap- 

 peal perfected.] Any person or corporation aggrieved thereby may 

 appeal from any final order, or judgment of the commissioners made in 

 the proceeding and entered upon their journal determining either of the 

 following matters, viz : 



1. Whether said ditch will be conducive to the public health, con- 

 venience or welfare. 



2. Whether the route thereof is practicable. 



3. The compensation for land appropriated. 



4. The damage claimed to property affected by the improvement. 



