184 LAWS RELATING TO AGRICULTURE. 



to the acceptance of the township treasurer, within fifteen days from the 

 date of the decision of the trustees; conditioned, in case the appeal be 

 from a decision in favor of the establishment of a road, for the payment 

 of all costs and expenses arising from such appeal if the road be estab- 

 lished and the assessment of compensation and damages be not increased 

 by the proceedings had in the probate court, and in case the appeal be 

 from a decision against the establishment of a road, such bond shall be 

 conditioned for the payment of all costs, and expenses arising from such 

 appeal, if the road be not established by the proceedings in the probate 

 court; and the appeal shall be entered with the probate judge within six 

 days from the filing of the bond with the township treasurer. 



SEC. 4698. [Decision of court certified to trustees.] The decis- 

 ion obtained in the probate court as provided in the foregoing sections 

 shall be certified to the township clerk, who shall notify the trustees 

 thereof; whereupon the trustees shall dispose of the case agreeably to 

 the order of the probate court, and the probate judge shall be allowed 

 to tax the same fees which are by law allowed for similar services in 

 other cases. 



SEC. 4699. [Appeals by claimant of damages.] Every claimant 

 of compensation and damages on account of the establishment or altera- 

 tion of a county or township road, or alteration of a state road, or change 

 in width of a county road, may appeal to the probate court, from the 

 final decision of the county commissioners or township trustees, con- 

 firming the assessment of compensation and damages made by ^he 

 viewers in his behalf, or the refusal of the viewers to award damages 

 to him, which appeal shall be perfected and docketed in the mode herein- 

 before described in section forty-six hundred and ninety, [except that] 

 the appellant shall be the plaintiff, and the obligors in the bond shall 

 be the defendants ; and several claimants may unite in a joint appeal, 

 although their claims may be distinct, or they may severally appeal. 



SEC. 4700. [Proceedings on such appeal.] Upon such appeal, 

 whether joint or several, the probate court shall confine itself to the 

 questions of compensation and damages presented by it, and shall forth- 

 with, after the docketing thereof, cause a jury of twelve men to be se- 

 lected and returned by the sheriff and clerk of the county, as provided 

 by -law, and, after receiving the names of such jurors, issue a venire 

 commanding them to appear in court, on a day and hour named in the 

 venire, which shall not be later than the twentieth day from its date, 

 to serve as jurors upon the trial of such claims. 



SEC. 4701. [Notice to appellants and obligors.] The court 

 shall also issue a summons or notice to all the appellants, whether joint 

 or several, and to the obligors aforesaid, to attend at the same time and 

 place, which summons or notice shall be served by delivering to each 

 person named therein a copy thereof, or by leaving such copy at his 

 usual place of abode ; and if any of the parties are non-residents of the 

 county, but have an agent or attorney therein, service on such agent 

 or attorney, in manner aforesaid, shall be sufficient, or a summons or 

 notice may be sent to another county for service upon any party resid- 

 ing or being therein; if an appellant 'is a non-resident when he perfects 

 his appeal he shall leave with the probate judge the name of an agent 

 or attorney in the county, upon whom service may be made, and if he 

 fail to do so, no service upon him shall be necessary ; and service upon 

 a guardian shall be sufficient service upon his ward." 



