

LAWS RELATING TO AGRICULTURE. 185 



SEC. 4702. [Challenges, talesmen, and oath of jurors.] If any 



of the jurors fail to attend, or for good cause be excused from serving, 

 or be set aside on account of a challenge, the panel shall be filled with 

 talesman [talesmen] as in other cases ; each party shall be entitled to 

 two peremptory challenges, and may make any number of challenges 

 ior cause ; and in respect to challenges, the appellants whose claims are 

 on trial shall be considered as one party, and the obligors as the other ; 

 the jury shall be sworn in all the causes, whether the appeals are joint 

 or several, at the same time, unless for good cause shown The~~ court 

 otherwise direct ; and the oath of the jury shall conform, as nearly as 

 :may be, to the oath prescribed for the jury in proceedings by corpora- 

 tions to appropriate property. 



SEC. 4703. [Conduct of the trial.] On motion of either party, 

 or of any one of the appellants, the jury shall, under the care of an officer 

 of the court, and with such person or persons as the court may appoint 

 to show them the premises, and before any testimony shall be given, 

 except the plat and field notes of the road and the title papers of the 

 claimants, if produced, which they shall take with them, proceed to ex- 

 amine the road as established or ordered, and the property of the several 

 ^claimants taken therefor, or alleged to be injured thereby, and after 

 making such examination, shall return to the probate court, at the time 

 the court shall have appointed ; whereupon, or upon the jury being 

 sworn, if no view is moved for, the trial of the claims, in the order the 

 court shall direct, or any number or all of them at the same time, if 

 the parties so agree, shall be proceeded with in the same manner as in 

 other jury trials in the court; but any claimant may elect to have his 

 claim tried separately ; and the jury shall render a separate verdict upon 

 'each claim, which shall be entered upon the record of the court, and a 

 new trial shall not be granted except for misconduct of the jury, nor 

 shall an appeal, except by petition- in error, as hereinafter provided, 

 be taken to any other court. 



SEC. 4704. [Trial by jury after assessment in court.] When an 

 assessment for compensation and damages has been made, or refused, 

 by viewers of a county or township road, or alteration of a state, county, 

 or township road, or change of width of a county road, appointed by 

 the probate court, any claimant may, before the confirmation of the 

 report of the viewers, file exceptions to their decision upon his claim 

 whether it was rejected altogether, or compensation and damages 

 awarded to him ; whereupon such proceedings shall be had for a trial 

 by jury, of his claim, and of any others thus prosecuted, as are provided 

 in the preceding section ; and the provisions of said section shall, in all 

 respects, apply to the same. 



SEC. 4705. [When claimant to pay costs.] If by the final decis- 

 ion in the probate court, any claimant of compensation and damages do 

 not obtain a greater sum than was awarded to him by the order of the 

 commissioners or township trustees from which he appealed, he shall 

 ;pay all costs created by his appeal, so far as the court can ascertain the 

 same, and judgment shall be rendered against him for the same ; and 

 in cases not hereinbefore specially provided for the court shall give such 

 judgment in respect to costs as may be equitable, 



[County paying costs for defendant.] And the county commis- 

 sioners may, in their discretion, pay out of the county treasury any part 

 or all of any costs that may be adjudged against defendants if in their 

 -opinion the public utility and the justice of the case justifies it. 



