124 LAWS RELATING TO AGRICULTURE. 



all preliminary questions pertaining to the case, and if he find that the 

 appeal has not been perfected according to this chapter, he shall dismiss 

 the appeal at the cost of the appellant, and certify such dismissal to the 

 trustees of the township, who shall thereupon proceed as if no appeal 

 had been taken; but the judge may, in his discretion, order and allow 

 the correction of any technical defect, error, or omission in making such 

 appeal. 



SEC. 4537. [Trial to jury on appeal.] If the judge find the pre- 

 liminary proceedings for appeal in substantial conformity with the pro- 

 visions of this chapter, he shall select a jury of twelve disinterested free- 

 holders of the county, not resident of such township, who shall consti- 

 tute a jury for such case, and shall issue, over his hand and seal of office, 

 a notice of such selection, directed to the sheriff of such county, re- 

 turnable on a day therein named not beyond forty days, which notice 

 shall specify the time of meeting of the jury in the court; if any of the 

 jurors fail to attend, or for good cause be excused from serving, or be 

 set aside on account of a challenge, the panel shall be filled with tales- 

 men as in jury cases in the courts of common pleas ; the plaintiffs shall 

 be entitled to two and the defendants two peremptory challenges, and 

 may make any number of challenges for the causes for which chal- 

 lenges are allowed in the court of common pleas ; and in respect to chal- 

 lenges, the appellants shall be considered one party, and the petitioners 

 as the other, and the jury shall be sworn to try all the claims which 

 are represented by the appellants, if there be more than one. 



SEC. 4538. [The jury may view premises.] The jury shall then, 

 under the care of the sheriff or deputy sheriff, and with such person or 

 persons as the court may appoint to show them the premises, and be- 

 fore any testimony shall be given, except the plat and field notes of the 

 ditch, if there be any, and the title papers of the claimants, if produced, 

 which in that case they shall take with them, proceed to examine the 

 ditch, as established or ordered, and the property of the several claim- 

 ants taken therefor, or alleged to be injured thereby, and after making 

 such examination, shall return to the court at the time the court shall 

 have appointed, whereupon the trial before the jury shall proceed in 

 the same manner as other jury trials in said court. 



SEC. 4539- [The form of the verdict.] The jury shall ren- 

 der a verdict in writing, and shall find therein: first, whether it will be 

 conducive to the public health, convenience, or welfare, to cause the pro- 

 posed ditch to be established or located ; second, the amount of com- 

 pensation due each person claiming compensation in case of the location 

 of the same which shall be computed without deduction for benefits to 

 any property of such person ; third, the amount of damages resulting to 

 all parties claiming the same; and the judge is authorized to adjourn 

 the proceedings in the premises from time to time, as circumstances 

 may require. 



SEC. 4540. [Proceedings on return of the verdict.] Upon the 

 return of the jury, the judge shall make a record of all the proceedings 

 had in the case before him, and shall also make such order as to the 

 payment of compensation for land used, or damages sustained, as the 

 jury shall report ; and shall also tax such costs in the proceeding, as are 

 provided by law in similar cases; and issue execution therefor. 



SEC, 4541. [Fees and costs, and to whom taxed.] If the report 

 of the jury be not in favor of the appellant, all costs made on such pro- 



