190 COUNTY COMMISSIONERS. [ART. 28.

be lawfully convicted thereof before a justice of the peace of the
county, he shall forfeit and pay for every such offence a sum not
less than two nor more than twenty dollars—to be recovered by
the managers for the time' being, and applied to the use of said
ditch.

93. The commissioners appointed as hereinbefore directed, shall
each receive for every day's attendance in the discharge of their
duties, the sum of one dollar.

94. The managers appointed as aforesaid, shall each receive
one dollar and fifty cents for every day they shall be engaged in
the discharge of their duty; the surveyor, such reasonable com-
pensation as shall be agreed upon between the parties; and the
clerk of the county commissioners, who is hereby required to
keep a record of the order and report, shall be entitled to receive
for every order made and certified under his seal of office, fifty
cents; for recording the report, endorsing the confirmation
thereon, and filing the same on record, twenty-five cents.

95. If any commissioner appointed in any order, original or of
review, shall die, or remove from the county, or be otherwise
unable to act, the county commissioners, as soon as practicable
thereafter, shall appoint another person in his stead; and the
order and report thereon shall be executed and received in the
same manner by the county commissioners as if the. person
originally appointed had acted.

96. Nothing herein contained shall be so construed as to
authorize the removal of any mill dam, or interference with the
legal water rights appertaining to mills, nor to divert the water
so as to deprive the owner over whose lands said water flows, of
the benefits and water rights now enjoyed by him.

97. In case of the property or interest of any minor not
having a guardian being affected by the draining of any swamp
or low ground, as hereinbefore provided, the Orphans' Court of
said county shall appoint a guardian to protect the interest of
such minor.

98. If any owner of land or other property affected by any
proceedings hereinbefore authorized, lives out of the State, a
written notice of thirty days served on the tenant or agent of