LANPS, DRAINING.

1885

other of the commissioners, that he will, without favour or
partiality, lay out a way for a ditch, which, according to (he
best of his judgment, will best answer for draining off the
water from the land mentioned in such commission, regarding
the interests of all the parties, and truly ascertain the damages,
and a true leturn thereof make to the court; Provided always,
that no such ditch shall be laid out or made through any gar-
den, yard or orchard, except with the consent of the proprie-
tor ; And provided also, that any person apprehending himself
or herself aggrieved by the determination of the court, either
in granting or refusing to giant the commission aforesaid^ or in
any matter in consequence of this act, may appeal to the gene-
ral court, whose determination shall be final.

SEC. 4. And be it enacted, That the said commissioners, or
any one or more of them, may adjourn from time to time, as he
or they may think necessary, and they, or a majoiity of them,
or the majoi pait of such majoiity met, may and shall cause a
way for a ditch to be cut, to be laid out by the surveyor of the
county, or by such other person as they may think fit to ap-
point, of such width, not exceeding twenty feet, and of such
length as they may judge necessary for draining off the water,
regarding the interests of all the persons through whose lands
the water may run, until it shall be lost or emptied in some
branch, creek, or other sufficient vent to discharge the same,
and may cause trees to be marked, or marks to be set up, to
perpetuate the location of the same.

May ad-
journ, Sec.

SEC. 5. And be it enacted, That the said commissioners, or
a inajoiity of them, or the major pait of such majority met,
shall determine the compensation to be made to the owners of
the lands through which such ditch shall pass, which compen-
sation, together with all the expenses attending the commis-
sion, shall be paid by the person or persons applying for such
commission, and the ditch, when cut, shall be kept open and
repaired at the expense of the person or persons who may
apply for the same.

And deter-
mine com-
pensation, ,
&c.

SEC. 6. And be it enacted, That after any way for a ditch
shall be laid out agreeably to this act, the court shall direct the
application for such way for a ditch, and the return thereof, to
be recorded at the expense of the party applying for the same,
and thereupon and thereafter the privilege of venting and run-
ning off water through the same shall be vested in the person
or persons applying for and paying for the same, and to their
heirs or assigns for ever.

Applica-
tion, &c. to
be record-
ed, &c.

SEC. 7. And be it enacted, That it shall not be lawful for
any person or persons to stop up or change, or in any manner
to impede, the flowing of the water in any ditch cut under this
act, under the penalty of five pounds for every such offence to

Penalty on
stopping
the water,
&c.