186 COUNTY COMMISSIONERS. [ART. 28.

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 as his proportion of the cost or expense of cutting
such ditch or ditches, and of the damages, if any shall be
awarded; and a majority of said commissioners may determine
any matter.

69. They shall, if they consider that the making such ditch or
ditches will injure any person through or upon whose lands the
same shall be laid out, award to such person such damages as
they may think just, to be paid by the persons chargeable with
the costs and expenses of making such ditch or ditches, and to
be paid or tendered before cutting the ditch or ditches.

70. All persons through whose lands such ditches shall be laid
out, or whose lands are in the neighborhood of, and drain into
the same, and who will derive benefit therefrom, shall contribute
to the cost and expense of making the same; and the said com-
missioners shall adjudge thereof, and shall assess (by way of
tax) upon such persons respectively a sum proportioned to the
advantages they may receive.

71. The sum so levied shall be appropriated to the making of
such ditches, and to the payment of the damages awarded, (if
any,) and the costs of said commission.

72. The said commissioners may adopt any ditch already
made, as a part of a ditch to be laid out under this article; and
shall allow the owners thereof a fair compensation, to be paid by
those benefited; Provided, that the owner or owners of said
ditch shall be taxed their just proportion of the cost of the
whole ditch.

73. Any person who may be injured by the making of any
ditch laid out as aforesaid, or who shall be assessed for any part
of the costs thereof, may apply to the county commissioners at
any time before the confirmation of the return, for an order of
review, and the county commissioners may, in their discretion,
grant such order, and appoint other commissioners, to perform
the same duty as under the original commission.

74. The commissioners appointed under any order, original
or of review, shall, within one month after the confirmation of
their report, call together the taxables rated for such ditch or