90 



LAWS RELATING TO AGRICULTURE. 



SEC. 4467. [How jury to be sworn.] The probate judge shall 

 administer to the jurors an oath, faithfully, impartially, and to the best of 

 their ability, and from actual view of the premises along the whole 

 route of the improvement, to examine and determine the particular mat- 

 ters appealed from, and to render a true verdict according to the facts 

 appearing to them from actual view of the premises, and the evidence, 

 under the charge of the court. 



SEC. 4468. [View by and trial to the jury.] The sheriff, or his 

 deputy, together with the surveyor or engineer who surveyed, leveled, 

 apportioned and platted the improvement,, may accompany the jury, and 

 point out its route ; no other person shall be permitted to interfere in 

 any way with the jurors in the discharge of their duty ; and after the jury 

 has fully examined the premises, and returned to court, either party 

 may be heard, in person or by counsel, and may offer evidence to the 

 jury, under the direction of the court, upon any matter given it specially 

 in charge. 



SEC. 4469. [Form of the verdict.] The jury shall find and return 

 a verdict determining the matter or matters appealed from, being one or 

 more of the following propositions, 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 due each appellant for land appropriated. 



4. The damages due each appellant for property affected by the 

 improvement. 



The jury shall return their verdict in writing, signed by the jurors : 

 as to said first and second propositions, it shall be necessary for only 

 eight jurors to agree ; as to the third and fourth, all must agree, and the 

 jury may be polled as in other cases. 



SEC. 4470. [Transcript to be sent to county commissioners.] 



The probate judge shall receive the verdict of the jury, and make a record 

 thereof, together with all the proceedings before him, and shall there- 

 upon tax the costs in favor of the prevailing party, and against the losing 

 party ; if more than one matter is appealed from, and a party prevail 

 as to the one, and loses as to another, the court shall determine how 

 much of the costs such party shall pay, but the costs on motions, con- 

 tinuances, and the like, shall be taxed and paid as the court may direct. 

 If there are several parties, upon the side taxed with costs, the court shall 

 apportion the costs equitably between them. Said judge shall, immedi- 

 ately after the trial, make a transcript thereof, certify and transmit the 

 same, together with all the papers in the case, with the bill of costs made 

 in the probate court, to the auditor of the county, who shall thereupon 

 notify the commissioners to meet at the auditor's office within five days 

 from the date of the notice to determine the matters growing out of the 

 appeal and verdict. 



SEC. 4472. [Costs when jury find for improvement.] If the 

 jury find that the improvement is necessary, and the same will be con- 

 ducive to the public health, convenience or welfare, and is practicable, 

 the commissioners shall apportion the compensation and damages as 

 directed in section (4461) forty-four hundred and sirt\-onc. They shall 

 also assess and apportion the costs as directed by the probate court, and 

 order the auditor to place the same on the duplicate to be collected as 

 other taxes, and may in addition thereto, sue upon the bond given for 



