LAWS RELATING TO AGRICULTURE. 125 



ceedings in the court shall be taxed to and paid by such appellant, and 

 collected as judgments at law in other cases ; but if two or more persons 

 have appealed, and the report of the jury be favorable to some of the 

 appellants, and against the other appellants, the judge shall apportion 

 the costs equitably among all the appellants, except those in whose favor 

 the report of the jury is made; and the jurors shall be allowed _ane 

 dollar and fifty cents per day each, together with mileage from their 

 respective residences to the probate court, at the rate of five cents per 

 mile. 



SEC. 4542. [Judge to make transcript, and trustees to meet.] 

 The probate judge shall make a transcript of all the proceedings had 

 before him in the case, and transmit the same, together with all the files 

 and papers in the case to the clerk of the township ; and the township 

 clerk shall notify the trustees to meet at his office, at a time to be fixed 

 by him, and within five days from the date of the notice, to determine 

 the matters growing out of the appeal and verdict, and to secure the 

 construction of the ditch in the manner provided in this chapter when 

 no appeal is taken. 



SEC. 4543. [How trustees to proceed if no appeal.] As soon as 

 an appeal shall be perfected from the decision of the township trustees, 

 all further proceedings before them on the petition shall be stayed ; but 

 if no appeal be taken, the trustees, upon the expiration of the time speci- 

 fied by them for the opening of the ditch, shall immediately proceed 

 to inspect the same; and if any section or part of a section, has not 

 been completed, the trustees shall accept a bond with sufficient surety 

 from the person having such unfinished work to perform, conditioned 

 for the faithful completion of such work, within such time as the trustees 

 shall specify in the bond ; but if any such person, having unfinished work 

 at the time of inspection as aforesaid, fail or refuse to give bond for the 

 completion of the same, the trustees shall immediately proceed to sell 

 such unfinished work by such sections to the lowest bidders, by setting 

 up written or printed notices of such sale in at least three of the most 

 public places in such township, for at least ten days before the day of 

 sale, specifying the time when such work shall be completed ; and the 

 trustees shall take such bond or other security for the performance of 

 such work as they may deem proper. 



SEC. 4544. [At what price work may be sold.] Before the work 

 of constructing such ditch shall be sold by the township trustees, they 

 shall make a fair and impartial estimate of the cost of the work, which 

 estimate shall be entered upon the ditch journal, and the work shall 

 not be sold for a sum exceeding such estimate ; and the fees and allow- 

 ances in all such proceedings, and the apportioning and assessing of 

 such costs and expenses, shall be the same as in the original location and 

 establishment of the ditch, to be paid by the person whose section of 

 such ditch shall be sold, and collected and paid out as provided in sec- 

 tion forty-five hundred and forty-seven. 



SEC. 4545. [Actions on bonds and re-sales of work.] If a per- 

 son giving bond in either case, or in both cases, for the completion of 

 such unfinished work, fail to comply with the conditions of the bond 

 within ten days after the time specified in the bond for the completion 

 thereof, he shall be held liable on the bond to pay all costs and expenses 

 incurred, and shall pay all damages and costs of prosecution arising in 

 consequence thereof; and the township trustees shall immediately bring 



