132 LAWS RELATING TO AGRICULTURE. 



sections, not less in number than the owners of land sought to be affected, 

 and shall also prescribe the time in which the work on the improvement 

 shall be completed and by whom to be done; and they shall allow all 

 reasonable fees, costs, and expenses incurred in viewing and apportioning 

 such improvement, to be paid out of the county fund ; and whenever the 

 commissioners deem the same right and just, they shall assist in the 

 clearing of any such stream, by common levy, not to exceed five-tenths 

 of one mill on the dollar's valuation in any year in their county. 



SEC. 4573. [When benefited lands are in more than one county.] 

 Whenever the land to be benefited by such improvement is in two or 

 more counties, the commissioners of each county shall meet and divide, 

 as before specified, the clearing of such stream jointly, and shall be 

 governed in all respects by the provisions of this chapter. 



SEC. 4574. [Petition, and notice in such case.] In such case, 

 copies of the notice and petition, as required by sections forty-five hun- 

 dred and sixty-eight and forty-five hundred and sixty-nine, shall be 

 filed with the county auditor of each county in which any part of such 

 land is situate; and at the time of hearing of the petition, and at the 

 time of hearing the report of the commissioners, any one or more of the 

 commissioners of such counties may meet with the commissioners of 

 the county in which the petition was first filed, and, when so met, 

 shall each have the same authority to act and decide as if they were 

 severally commissioners of such county and the board were constituted 

 of the whole number of commissioners present. 



SEC. 4575. [Notice of appeal, and bond.] Any person interested 

 in such improvement may, after the same is ordered, take an appeal 

 from the proceedings of the commissioners to the probate court of the 

 proper county, by giving written notice thereof to the auditor of such 

 county within five days after the decision of the commissioners, and 

 by filing with the auditor a bond, with two or more sufficient sureties, 

 conditioned to pay all costs made upon the appeal, in case the decision of 

 the commissioners be sustained in the probate court, which bond shall 

 be made to the acceptance of the county auditor, and the probate judge 

 of the county, indorsed on the same, and filed by the probate judge with 

 the other papers in the case; and when two or more persons take an 

 appeal, the probate judge shall order the consolidation of such cases 

 into one case, and the rights of all parties in interest shall be investigated 

 by the jury in the one case thus consolidated. 



SEC. 4576. [Transcript, and the filing thereof.] The county 

 auditor shall, at the request of a person so appealing, his agent or 

 attorney, make and deliver to such person, his agent or attorney, a full 

 and complete transcript, duly certified, of the proceedings had in the 

 case, which transcript shall be filed with the probate judge of the county 

 within ten days from the filing of such Bond. 



SEC. 4577. [Drawing the jury, and venire.] The probate judge 



upon the filing of such bond and transcript, shall cause to be drawn 



from the jury box, as provided by law in other cases, a jurv of twelve 



disinterested freeholders of the county, who shall constitute a jurv for 



ich case, and shall issue a venire, directed to the sheriff of such county, 



eturnable on a day therein named, not exceeding thirty davs which 



shall specify the time of meeting of the jury in the probate court 



