LAWS RELATING TO AGRICULTURE. 91 



the payment of costs, and execution may be sued out of the probate 

 court for the collection of any costs taxed against any party, as is pro- 

 vided in section forty-four hundred and seventy. Any costs taxed against 

 the commissioners shall be paid out of the general county ditch fund. 



SEC. 4473. [Costs when probate court confirms assessment.] If 

 by the final decision in the probate court, any claimant of compensation 

 and damages do not obtain a greater sum than was allowed and awarded^ 

 to him by the order of the commissioners from which he appealed, he 

 shall pay all the costs created by his appeal so far as the court can ascei- 

 tain the same. And the commissioners shall assess and apportion the 

 compensation and damages found by the jury, as directed in section 

 (4461) forty-four hundred and sixty-one, and the commissioners shall 

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

 shall be collected and paid as directed and provided in section forty-four 

 hundred and sc^ciity-tzw. 



SEC. 4474. [Several appeals may be tried together.] If more 

 than one party appeal, the probate judge shall order the cases to be 

 consolidated and tried together, and the rights of each party as to com- 

 pensation or damages shall be separately determined by the jury in its 

 verdict. 



SEC. 4475. [When and how commissioners to sell out work.] In 



cases where appeals have been taken after the transcript of the pro- 

 ceedings before the probate judge, and all other papers in the case are- 

 returned to the auditor's office, the commissioners shall cause such entry 

 to be made on their journal as may be necessary to give effect to the ver- 

 dict, and findings of the jury, and in such cases and in cases where no< 

 appeals have been taken, they shall fix a time for the sale of the construc- 

 tion of the improvement at public outcry in sections not less than one 

 hundred feet nor more than two thousand five hundred feet in length, 

 and shall cause notice to be given of the time and place of the sale, and 

 direct the county surveyor to attend at the time and place of sale ta 

 superintend and conduct the same, and shall receive all bids for the con- 

 struction of the improvement, and make contracts with the lowest respon- 

 sible bidders, and take good and sufficient bonds for the labor of the 

 construction of the improvement, conditioned for the faithful performance 

 of the contract so made, and for the completion of the work within time 

 fixed in the contract in a sum not less than double the estimated value 

 of the part bid off, and contracted to be performed by each, and said 

 county surveyor shall furnish each contractor with specifications of the 

 part bid off by him. 



SEC. 4475<7. [Sale of work when cost is estimated at $500 or 

 more per mile.] That when the estimated cost of construction of a 

 ditch or ditch improvement shall be five hundred dollars or more per 

 mile, and a petition shall be filed with the board of commissioners, signed 

 by persons who are tax payers and who are assessed for the construction 

 of said ditch or ditch improvement, representing two-thirds (-) of the 

 amount of the estimated cost of the construction of said ditch or ditch 

 improvement, the commissioners may advertise and sell the same as an 

 entirety, or in one or more sections of not less than five hundred feet, 

 but in all other respects they shall be governed by the provisions of said 

 section 4475. 



(4475-1) [Providing for inspection of drain tile.] The county 

 surveyor shall be authorized to receive bids for drain tile or ditch pipe., 



