ART. 25,] COUNTY COMMISSIONERS—DRAINS. 415

or ditches for the purpose; and when such swamp or low lands
are situated in two or more adjoining counties, the county com-
missioners of the county to which application shall first be made
as aforesaid by petition, shall have exclusive jurisdiction of the

subject-matter, who shall thereupon appoint a board of three or
more commissioners, to be composed of judicious and impartial
freeholders, to be taken from the neighborhood or vicinity of said
swamp or low lands, one of whom at least shall be taken from

each of said adjoining counties where the swamp or low lands lie

or are situated in two or more adjoining counties.

P. G. L., (1860,) art. 28, sec. 66. 1858, ch. 271, sec. 2.

36. The commissioners so appointed, being first duly sworn to

execute their duties faithfully and impartially, shall call to their
assistance a skilful surveyor, sworn in like manner, and shall go
upon and view the swamps or low grounds mentioned in the
petition, and lay out, by specified courses and distances, breadths
and depths, such ditch or ditches as shall be sufficient to drain
the said swamps or low grounds.

Ibid. sec. 67. 1858, ch. 271, sec. 2.

37. They shall estimate the probable cost or expenses, in-
cluding damages, if any, of cutting such ditch or ditches, and the
sum or proportion thereof which each owner or possessor, or
person benefited, shall be bound to pay.

Ibid. sec. 68. 1858, ch. 271, sec. 2.

38. They shall make out and return to the county commis-
sioners, at their next meeting thereafter to which it may be
practicable, a report in writing, under their hands, with a plat or
map attached, containing a description by general delineation,
without survey, of the boundary lines of the swamp or low
ground mentioned in the petition, and also a delineation of each
owner's or possessor's lot or parcel, with the estimated quantity
of acres the same may contain, with the name of every person to
whom they may award damages, and the amount thereof, and
the sum or amount each owner or possessor, or person benefited,
shall be bound to pay at, his proportion of the cost or expense of
cutting such ditch or ditches, and of the damages, if any shall be