All issues arising upon said preliminary report shall be tried by the court without a jury. If the court shall find in favor of the remonstrance, or if said report be that the proposed work will not promote the agricultural interests, or that the benefits from said proposed work will not exceed the damages and cost of construction, and no remonstrance against said report is filed, the petition shall be dismissed and the costs taxed against the petitioners, and judgment entered therefor, as in Section 73-7-12 NMSA 1978, hereinafter provided. History: Laws 1912, ch. 84, § 33; Code 1915, § 1909; C.S. 1929, § 40-139; 1941 Comp., § 77-1839; 1953 Comp., § 75-19-39. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
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