LAWS RELATING TO AGRICULTURE. 147 



said to be just and equitable, and that the road or any part thereof will, 

 in their opinion, be of sufficient importance to the public to cause the 

 compensation and damages to be paid by the county, they shall order the 

 same to be paid to the claimant from the county treasury; but if, in 

 their opinion, the road is not of sufficient importance to the public, 

 to cause the same to be paid by the county, they may refuse to establish 

 the same a public highway, unless the damages and expenses are paid 

 by the petitioners ; but if there be no applications for damages, _pr the 

 damages are paid by the county or petitioners, then and in either case, 

 the commissioners may establish the same a public highway, and order 

 the same to be recorded. 



SEC. 4626. [Compensation of commissioners, employes, etc.] 

 The following persons required to render services under this chapter, shall 

 receive compensation for each day necessarily employed, as follows, to wit : 

 Commissioners two dollars, chain carriers, markers, and other assistants, 

 one dollar, and surveyors two dollars and fifty cents, per day, each, to be 

 charged as costs and expenses; the commissioners to be paid out of the 

 county treasury of their respective counties, on the order of the county 

 auditor; and the fees of the surveyor, marker, chain carriers, and other 

 assistants, shall be equally divided among all the counties interested, 

 and paid out of the county treasury of the respective counties, on the order 

 of the county auditors. 



SEC. 4627. [Appeals.] An appeal from the final decision of the 

 commissioners, or [on] any application for damages or compensation 

 sustained by the location of any state road, shall be allowed to the probate 

 court of the proper county, if notice of such appeal be given by the 

 appellant during the same session of the commissioners at which such 

 decision was made, and the appellant shall, within ten days thereafter, 

 enter into bond with good and sufficient surety, to be approved by the 

 county auditor, for the payment of all costs and expenses, arising from, 

 or in consequence of, such appeal ; and the appellant shall, within five 

 days thereafter, deliver to the probate judge a transcript of the pro- 

 ceedings had before the commissioners. 



SEC. 4628. [The jury, and its proceedings.] Upon receiving the 

 transcript, the judge shall immediately issue a summons against the 

 obligors in the bond filed under section four thousand six hundred and 

 eighteen which shall be served and returned as other writs of like char- 

 acter; in such suit the appellant shall be plaintiff and the obligors de- 

 fendants : and upon the return of service, the judge shall cause a jury 

 of twelve men to be selected and returned by the sheriff and clerk as 

 provided by law, and such proceedings and trial may be had before the 

 jury as are provided in chapter four ; and upon return of their verdict 

 to the probate judge, he shall enter the same on record, with the former 

 proceedings, and certify the decision to the county auditor, and the 

 decision made and recorded shall be final, except as hereinafter pro- 

 vided. - 



SEC. 4629. [Costs on appeal.] In all cases of appeal from the 

 final decision of the county commissioners, as provided in section four 

 thousand sir hundred and twenty-seven, the appellant shall pay all costs 

 that may accrue in consequence of said appeal, unless the award rendered 

 by the jury in the probate court shall exceed in amount the award 

 rendered by the jury appointed by the county commissioners. 



