LAWS RELATING TO AGRICULTURE. 133 



SEC. 4578. [Notice of the meeting of the jury.] The applicant 

 shall notify all persons interested in the improvement, of the time fixed 

 by the probate court for the" meeting of the jury, and if any person 

 interested in the improvement reside out of the state, or can not be 

 served in writing with such notice, the judge, being notified of the fact, 

 shall cause such notice to be published for three successive weeks in 

 some newspaper printed or of general circulation in the county ;ami 

 proof of the publication of such notice shall be filed with the probate 

 court before the impaneling of the jury, together with the proof of the 

 service of such notice in writing on all persons interested, as aforesaid, 

 at or before the time so specified. 



SEC. 4579. [Hearing of preliminary matters.] At the time spec- 

 ified in the notice, the probate judge shall hear and determine all pre- 

 liminary questions, and if he find that the proceedings in appeal have 

 not been perfected, he shall dismiss the appeal at the costs of the appel- 

 lant, and certify such dismissal to the commissioners of the county, who 

 thereupon shall 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. 4580. [Oath and report of the jury.] The judge shall ad- 

 minister an oath to the jury faithfully and impartially, and upon actual 

 view, if so required by either party, to determine whether such improve- 

 ment will be conducive to the public health, convenience, or welfare, and 

 the jury shall file a report with the judge within five days after taking 

 such oath, unless he, for good cause shown, shall allow further time. 



SEC. 4581. [Proceedings on report of jury.] Upon the return 

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

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

 ment of costs as are provided by law in similar cases, which costs, together 

 with those made before the commissioners, shall be divided, to be paid in 

 fair proportion among the appellants, in conformity to the report of the 

 jury; but if the report of the jury shall not be in favor of the appellant, 

 all costs made on such proceeding in the probate 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 for some and against the other appellants, the probate judge 

 shall apportion the costs equally among all the appellants, except those 

 in whose favor the report of the jury is made; and the jurors shall be 

 allowed two dollars each per day, together with mileage as in other cases. 



SEC. 4582. [Proceedings when no appeal is taken.] If no appeal 

 be taken, the county commissioners upon the expiration of the tjme 

 specified by them for finishing the improvement, and upon being satisfied, 

 by inspection and view, that any part of such improvement has not been 

 completed, shall proceed to sell the same to the lowest responsible bidder, 

 by first giving notice of such sale at least two weeks in some newspaper 

 of general circulation in the county where such improvement is located, 

 specifying the time when such work shall be completed, and they shall 

 take such bond, or other security, for the performance of such work, 

 as they may deem proper; and immediately after the sale they shall 

 certify to the county auditor the amount each section sold for, together 

 v.ith a correct description of each piece of land, and the auditor shall 

 place the same on the duplicate, to be collected as other state and county 

 taxes are collected. 



