the  owner  objects  to  the  appointment  of  commissioners  on  the
ground  that  the  land  was  sought  for  private  purposes,  failure
to  appeal  from  a  decision  declaring  that  the  purpose  was
public,  and  consent  to  the  appointment  of  commissioners,  do
not  amount  to  a  waiyer  of  rights,  and  such  owner  may  after-
ward move  to  set  the  order  aside. i  But  a  small  portion  of
the  evidence  upon  which  commissioners  act  in  the  formation
■of  their  awards  can  be  placed  before  the  appellate  court,  and
there  can,  therefore,  be  no  regular  judicial  review  where  the
original  jurisdiction  is  exercised  in  such  a  manner.^

Sec.  235.    Appeal  from  Judgment  by  Plaintiff.— If   a

trial  has  been  had  and  judgment  entered  in  favor  of
the  defendant,  the  plaintiff  may  appeal  therefrom
to  the  general  term  within  the  time  provided  for
appeals  from  judgments  by  title  four  of  chapter
twelve  of  this  act,  and  all  the  provisions  of  such
chapter  relating  to  appeals  from  judgments  shall
apply  to  such  appeals  ;  and  on  the  hearing  of  the
appeal  the  general  term  may  affirm,  reverse  or  modify
the  judgment,  and  in  case  of  reversal  may  grant  a
new  trial,  or  direct  that  judgment  be  entered  in  favor
of  the  plaintiff.  If  the  judgment  is  affirmed,  costs
shall  be  allowed  to  the  respondent,  but  if  reversed  or
modified,  no  costs  of  the  appeal  shall  be  allowed
to  either  party  .^

Sec.  236.  New  Appraisal  when  Granted,— On  the  hear-
ing of  the  appeal  from  the  final  order  the  court  may
direct  a  new  appraisal  before  the  same  or  new  com-
missioners, in  its  discretion,  and  the  report  of  such
commission«rs  shall  be  final  and  conclusive  upon  all
parties  interested.  If  the  amount  of  the  compen-
sation to  be  paid  is  increased  by  the  last  report,  the

1  In  re  Niagara  Falls  &  W.  R.  Co.,       Co.,  47  Hun  (N.  T.)  396,  397  (1888).
