the clerk of the board of county commissioners; and the appraisers shall make and file with their report an itemized bill of all costs made in the proper discharge of their duties under this act; and in such bill the appraisers shall not charge for services in excess of three dollars per day for each appraiser for time actually employed, and no extra compensation shall be allowed for mileage; the clerk shall then without delay fix a date for the hearing of the reports of the engineer and appraisers; he shall prepare and deliver to the petitioners, or any one of them, a notice in writing, directed to the resident lot or land owners, officer or agent [of] any private corporation, and to the mayor or clerk of each city, and to the road overseer of each road district or board of overseers or clerk of each township affected by the improvement, setting forth. the pendency, substance and prayer of the petition, together witn a tabular statement of the assessments and award[s] of damages as made by the appraisers in their report; a copy of each notice shall be served upon each lot or land owner, officer or agent of private corporations, mayor or clerk of each city, each road district overseer, and the board of overseers or clerk of each township at least ten days before the day set for the hearing; and the person who serves the same shall make return on the notice under oath, of the time and manner of service, and file the same with the clerk of the board of county commissioners on or before the day set for hearing; and the clerk shall at the same time give like notice to each non-resident lot or land owner, or by publication in the official newspaper of the county for at least two consecutive weeks before the day set for the hearing, which notice shall be verified by the affidavit of the printer or other person knowing the fact and filed with the clerk on or before that day. (L. '93, § 14, p. 307.)

119. Commissioners to Examine Assessment.

The county commissioners shall meet at the clerk's office on the day so fixed by the clerk, and shall first determine whether the required notice has been given. If they find that due notice has not been given, they shall continue the hearing to a day to be fixed by them, and order the notices to be served as herein before provided, and when they find that due notice has been given, they shall examine the reports of the appraisers and the assessment made

and the damages awarded, and if such apportionments are in all respects fair and just according to the benefits and damages, they shall approve and confirm the same. (L. '93, § 15, p. 308.)

120.

Commissioners May Amend Appraisers' Report.

If the commissioners find that the apportionment of assessments and awards of damages made by the appraisers is unfair and unjust, and ought not to be confirmed, they shall so order and amend the appraisers' report as to make it fair and just; and if necessary, in their opinion, they may adjourn the further hearing not exceeding twenty days, to a day to be fixed by them, and go upon the premises, and by actual view apportion the entire cost of location and construction, or any part thereof, as may seem just and proper, and award damages as may seem just and proper, and on the day so fixed by them they shall again meet at the clerk's office and determine the assessment of benefits and awards of damages. (J. '93, § 16, p. 308.)

121. Who May File Exceptions to Apportionment.

Any person, company or corporation party to the proceedings may file exceptions to the apportionment of benefits or compensation for damages at any time before the time set for the final hearing of the report and apportionment; the commissioners may hear testimony and examine witnesses upon all questions made by the exceptions, and for that purpose may compel the attendance of witnesses by subpoena, which the clerk of the superior court shall issue on demand; and their decisions on the exceptions shall be entered on the journal, and if they sustain the exceptions, the cost of hearing thereon shall be paid out of the county treasury, and if they overrule the same, such costs shall be taxed against the person, company or corporation filing the exceptions. (L. '93, § 17, p. 309.)

122. Appeal.

Any person or corporation aggrieved thereby may appeal from any final order or judgment of the commissioners made in the proceedings and entered upon their journal for determining either of the following matters-First, Whether said improved road will be

conducive to the public needs, convenience and welfare; second, whether the route thereof is practicable; third, the compensation for land or construction materials appropriated; fourth, the damages awarded to the owners of property affected by the improvement. And the appellant shall file with the commissioners, at the final hearing before them, a notice in writing of his intention so to do, and specifying therein the matter appealed from. The commissioners shall fix the amount of the bond to be given by the appellant, and cause an entry thereof and of the notice to be made upon their journal. The party appealing shall, within ten days thereafter, file with the clerk a bond in the amount so fixed, with at least two sufficient sureties, to be approved by the clerk, conditioned to pay all the costs made on the appeal in case the appellant fails to sustain the same, or the appeal to be dismissed for any cause; and the clerk shall make a complete transcript of the proceedings had before the commissioners, and certify the same together with all original papers, except bonds filed by appellant, filed in his office, and transmit them to the superior judge for the county within twenty days from the day of the final hearing. (L. '93, § 18, p. 309.)

123. Superior Judge to Fix Day, Etc., for Hearing.

The superior judge shall file the transcript and original pafers, and docket the case, styling the appellant plaintiff, and the county commissioners and petitioners defendants, and thereupon he shall fix a day, not exceeding five days thereafter, for the hearing of all preliminary motions and the examination of the papers so filed; on the day so fixed all preliminary motions shall be heard and determined, as well as all questions arising upon the record, and if he find that the proceedings are irregular in substance, or that the appeal has not been perfected according to law, he shall dismiss the appeal at the cost of the appellant, and certify such dismissal, with his findings thereon, back to the commissioners; but the judge may, in his discretion, order and allow the correction of any technical defect, error, or omission in such proceedings. (L. '93, § 19, p. 310.)

124. Appeals.

Appeals may be tried as in cases of appeals from justices of the peace to the superior court. (L. '93, § 20, p. 310.)

125. Jurors' Oath.

The superior court shall administer to the jurors an an oath, faithfully, impartially, and to the best of their ability, and from actual view of the premises along the whole route of the improvements, to examine and determine the particular matters appealed from, and to render a true verdict according to the facts appearing to them from actual view of the premises, and the evidence under the charge of the court. (L. '93, § 21, p. 310.)

126. Who May or May Not Accompany the Jury.

The sheriff or his deputy, together, with the engineer who surveyed, leveled, apportioned and platted the improvement, may accompany the jury and point out its route; no other person shall be permitted to interfere in any way with the jurors in the discharge of their duties, and after the jury has fully examined the premises and returned to court, either party may be heard in person or by counsel, and may offer evidence to the jury, under the directions of the court, upon any matter given it especially in charge. (L. '93, § 22, p. 310.)

127. Verdict.

The jury shall find and return a verdict determining the matter or matters appealed from, being one or more of the following propositions, viz: First, Whether said improved road will be conducive to the public needs, convenience or welfare; second, whether the route thereof is practicable; third, the compensation due each appellant for land or construction materials appropriated; fourth, the damage due each appellant for property affected by the improvement. The jury shall return their verdict in writing, signed by the jurors. As to said proposition, it shall be necessary for only nine jurors to agree. (L. '93, § 23, p. 311.)

128. Return of Verdict-Records to Be Forwarded.

Upon the return of the verdict the same shall be recorded, and together with all papers and records, duly certified, forwarded to the office of the clerk of the board of county commissioners. (L. '93, § 24, p. 311.)

129. Costs.

If the verdict of the jury be in favor of the appellant the commissioners shall cause to be made on their journal an entry carrying out the findings of the jury; and if the jury find that the improvement is not necessary, or will not be conducive to the public need, convenience or welfare, or is not practicable, the commissioners shall cause an entry to be made upon their journal dismissing the proceedings at the cost of the county, which shall be paid out of the general county fund on the order of the county commissioners. (L. '93, § 25, p. 311.)

130. When Appellant Shall Pay Costs.

If the jury find that the improvement is necessary and that the same will be conducive to the public needs, convenience and welfare, and is practicable, the commissioners shall assess the costs to the appellant. (L. '93, § 26, p. 311.)

131. Damages.

If the jury find that the allowance of compensation and damages, as made by the commissioners, fully compensate for all land and construction materials appropriated and damages sustained, the commissioners shall assess the costs made by the appeal to the appellant. (L. '93, § 27, p. 132.)

132. Cases Consolidated, When.

If more than one party appeal, the superior judge may order the cases to be consolidated and tried together, and the rights of each party as to compensation and damages shall be separately determined by the jury in its verdict. (L. '93, § 28, p. 311.)

133. Bids for Construction-Notice of Awarding Contracts

After the transcript of the proceedings before the superior judge, and all other papers in the case, are returned to the clerk of the board of county commissioners, the commissioners shall cause such entry to be made on their journal as may be necessary to give effect to the verdict and findings of the jury, and shall fix a time for the receiving and opening of sealed bids for