186 LAWS RELATING TO AGRICULTURE. 



SEC. 4706. [Judgments therefor to be in favor of state.] All 

 such judgments shall be rendered in favor of the state, and may be 

 enforced by execution issued by the probate court, of its own motion, or 

 at the instance of any person entitled to any part thereof, and the money, 

 when collected, shall be paid to the persons respectively entitled thereto. 



SEC. 4707. [Court to make complete record.] The probate 

 judge shall make a record of all proceedings had in the probate court 

 under the provisions of this chapter, including the reports and plats 

 of viewers, reviewers, and surveyors, and forthwith, after the termina- 

 tion of the proceedings upon an appeal, transmit to the county auditor, 

 if the appeal was from the county commissioners, or to the township- 

 clerk, if it was from township trustees, all original papers received from 

 him, and also a transcript, from the record aforesaid, of the proceedings 

 upon such appeal. 



SEC. 4708. [When auditor to make record, and its effect.] If 

 it appear by the transcript so transmitted to the county auditor that the 

 court has approved the establishment, alteration, vacation, or change 

 of a road, and that the compensation and damages, if assessed in or 

 under the orders of the court, do not, in the aggregate, exceed the amount 

 assessed, approved, and ordered to be paid out of the county treasury 

 before the appeal, the auditor shall forthwith record, in the proper book,, 

 the final decision of the court in the premises, with all reports, plats, 

 field notes, or other matters appearing in the transcript necessary to 

 a right understanding of the same, and note in said book the date of 

 such recording ; and thenceforth the road shall be established, vacated, 

 altered, or changed, as the case may be, and he shall issue the necessarv 

 orders for the payment of the compensation and damages. 



SEC. 4709. [When commissioners may pay damages.] But if 

 the damages so assessed exceed, in the aggregate, the amount ordered 

 to be paid out of the county treasury, the auditor shall lay the papers and 

 transcript before the county commissioners, at their next session, who 

 may thereupon establish such road, alteration, or change, and order the 

 compensation and damages to be paid out of the county treasury, or 

 refuse to establish the same unless the compensation and damages, or 

 such portion thereof as they shall require, be paid, within such time as 

 they may designate, by the petitioners. 



SEC. 4710. [When auditor shall issue order, and its effect.] If 

 the appeal from the county commissioners was under section forty-sir 

 hundred and ninety-nine, and the compensation and damages assessed 

 in that court in favor of all the appellants do not, together with the com- 

 pensation and damages awarded to claimants who did not appeal, ex- 

 ceed the amount which the commissioners had, before the appeal, or- 

 dered to be paid out of the county treasury, the auditor shall issue the 

 necessary orders for the payment of all said" compensation and damages. 

 and the road, or alteration, shall be considered as established from "the 

 date of the final order in the probate court. 



SEC. 4711. [Proceedings of commissioners on transcript.] But 

 if the assessments in the probate court, with the compensation and dam- 

 ages awarded to claimants not appealing, exceed the amount so ordered 

 to be paid out of the county treasury by the commissioners, the auditor 

 shall lay the papers and transcripts received from the probate judge be- 

 fore the commissioners, at their next session, and they shall'act upon 



