.~LAWS RELATING TO AGRICULTURE. 



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And the 'appellant shall file with the commissioners, at the final hear- 

 g before them, a notice, in writing, of an intention so to do, and sped- 

 -ing therein the matter appealed from; the commisioners shall fix the 

 Amount of the bond to be given by the appellant, and cause an entry 

 thereof, and of the notice, to be made upon their journal ; the party ap- 

 pealing shall, within ten days thereafter, file with the auditor a bond, in 

 the amount so fixed, with at least two sufficient sureties, to be approved 

 -by the auditor, conditioned to pay all the costs made on the appeal in 

 case the appellant fail to -sustain "the same, or the .appeal be dismissed 

 :for any cause ; and the auditor shall make a complete transcript of the 

 proceedings had before the commissioners, and certify the same, to- 

 gether with all the original papers filed in this office, and transmit them 

 to the probate judge of the county within twenty days from the day of 

 the final hearing. 



SEC. 4464. [Hearing of preliminary questions in probate court.] 

 The probate judge shall file the transcript and the original papers, 

 -and docket the ca-se, and the appellant shall be plaintiff therein, and the 

 Bounty commissioners and petitioners defendants, and the case shall be 

 -so styled, and thereupon he shall fix a day not exceeding five days there- 

 after for the hearing of all preliminary motions, and the examination of 

 the papers so filed ; on the day so fixed, all preliminary motions shall be 

 heard and determined, as well as all questions arising upon the record, and 

 if he find that the proceedings are irregular in substance, or that the appeal 

 has not been perfected according to law, he shall dismiss the appeal at 

 the cost of the appellant, and certify such dismissal with his findings 

 thereon back to the commissioners ; but the judge may, in hi-s discretion, 

 order and allow the correction of any technical defect, error or omission 

 in such proceedings. 



SEC. 4465. [When jury to be drawn, and venire.] If the pro- 

 bate judge find that the appeal is perfected, he shall thereupon fix a day, 

 not more than ten days from that date, for the trial of the case as ap- 

 pealed by jury and he shall immediately notify the clerk of the court of 

 common pleas and the sheriff of the county, to gneet at the clerk's office, 

 and the clerk and the sheriff shall proceed at once, in the clerk's office, to 

 draw from the jury-box the names of -sixteen jurors ; and the clerk shall 

 make a list of the names so drawn, in the order in which the}' were drawn, 

 and certify the same to the probate judge, who shall issue a venire, com- 

 manding them to appear on the day set for trial, at the hour of eight 

 o'clock A. M., and deliver the same to the sheriff, who shall serve the 

 same within five days thereafter and return the -same on or before the 

 day set for trial. 



SEC. A4.66. [How panel to be filled.] On the trial the probate 

 judge shall take the list of jurymen as furnished by the clerk, and call 

 each name in the order in which it appears on the list, until twelve answer, 

 when each shall be required to answer as to his qualifications as a juror ; 

 if any juror be challenged for cause, and be excused by the court, the 

 next on the list shall be called, until the panel is full, when the plaintiffs 

 shall have two and the defendants two peremptory challenges ; and if the 

 panel be not filled by the jurymen whose names appear on the list, the 

 sheriff shall fill the panel from among the bystanders who have the 

 proper qualifications. 



