ART. 28.] COUNTY COMMISSIONERS. 189

person or persons receiving a majority of votes cast at such
meeting shall be declared duly elected to serve until the annual
election.

88. Any person taxed for any ditch which does not pass
through or upon his land, may open a ditch or ditches through
the intervening lands into such main ditch or ditches, and keep
the same open at his own cost and charge; Provided, that no such
cross ditch shall be cut through the land of any other person
without the consent of the owner of such land, unless the same
be laid out and approved, and the damages thereon accruing to
the owner of the land assessed by the commissioners appointed
to lay out the main ditch, or by three other freeholders appointed
by the county commissioners for said county, for the purpose of
assessing such damages.

89. The person applying for such cross ditch, shall pay all the
costs of laying out and opening the same; and shall also, before
making such ditch, tender or pay all damages awarded to such
persons as may be injured thereby.

90. Whenever, in the opinion of the commissioners, the owner
of the intervening land, or any other person whose lands are
situated at the head or above such cross ditch, will derive any
benefit from cutting the same, then the said owner of the inter-
vening land, or other person benefited, shall contribute and pay
such sum or sums respectively as the commissioners shall deter-
mine to be his or their proportionable part of the damage, costs,
and expenses for laying out and making such cross ditch or
ditches.

91. Every ditch so made shall always remain open for the
benefit of such persons, their heirs and assigns, as the commis-
sioners, in their report, shall return as being benefited thereby,
and chargeable with the expense of making the same; but if any
ditch laid out aa aforesaid shall not be b'egun within two years
from the confirmation of the return, or being begun, shall not be
completed within seven years thereafter, the said order 'and
return shall become void and be of no effect, and the power and
authority under it shall cease.

92. If any person shall stop up any ditch made in pursuance
hereof, except by such fixtures under fences as may be necessary
to prevent stock from trespassing through said ditch, and shall