184 COUNTY COMMISSIONERS. [ART. 28.

58. If the examiners on the part of adjoining counties cannot
agree as to the relative amount each county shall pay of the
costs and expenses of building or repairing any bridge, they, or
a majority of them on the part of each county, shall each
appoint an arbitrator to determine the matter in dispute; and
if the arbitrators cannot agree, they shall appoint an umpire,
who shall not be a resident of either county, and the award and
determination of the arbitrators or umpire shall be final and con-
elusive in the matter submitted.

59. Nothing contained in this article shall authorize any county
commissioners to build, or order to be built, any drawbridge, or
any bridge across a navigable river.

60. In all cases, upon representation in writing of any citizen
or citizens of any county in which the county commissioners may
determine to build or repair any bridge, or unite with an adjoin-
ing county to build or repair any bridge between the said adjoin-
ing counties, filed before a contract for building or repairing has
been made, that the said determination of the county commis-
sioners is inexpedient, and desiring an appeal from such deter-
mination, the county commissioners shall grant such appeal and
cease all further proceedings until the appeal is decided by the
Circuit Court for the county.

61. Upon such appeal being taken, the county commissioners
shall immediately cause to be filed with the clerk of the Circuit
Court, all records, acts, papers and proceedings, or copies thereof,
which may by the appellant be required, with full opportunity
for him or his counsel to examine the books and papers of the
commissioners relative to the matter, and thereupon the Circuit
Court shall proceed to try and determine the matter according
to justice and right, with or without the aid of a jury, as the
parties may agree or the court may order.

62. In all cases where the appeal is not sustained the ap-
pellant shall pay the costs, and in all other cases the court
shall direct the costs to be paid in such manner and by such
party as it may deem equitable and just, and the county com-
missioners shall be the appellee in such appeal, and shall levy
as part of the county charges, and pay whatever costs and
charges are so ordered to be paid by them, and all incidental
expenses not herein provided for.