ART. 25] DRAINING LANDS. 777

in writing, under their hands, with a plat or map attached, containing
a description by general delineation, without survey, of the boundary
lines of the swamp or low ground mentioned in the petition, and also a
delineation of each owner's or possessor's lot or parcel, with the esti-
mated quantity of acres the same may contain, with the name of every
person to whom 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.
See notes to sec. 20.

1904, art. 25, sec. 39. 1888, art. 25, sec. 39. 1860, art. 28, sec. 69. 1858, ch. 271, sec. 3.

40. They shall, if they consider that the making of such ditch or
ditches will injure any person through or upon whose land 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 cut-
ting the ditch or ditches.

Ibid, sec. 40. 1888, art. 25, sec. 40. 1860, art. 28, sec. 70. 1858, ch. 271, sec. 4.
1878, ch. 478. 1880, ch. 275.

41. 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 commissioners shall adjudge
thereof, and shall assess by way of tax upon such persons, respectively,
a sum proportional to the advantages they may receive.

Ibid. sec. 41. 1888, art. 25, sec. 41. 1860, art. 28, sec. 71. 1858, ch. 271, sec. 4.

42. 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.
See sec. 7.

Ibid. sec. 42. 1888, art. 25, sec. 42. 1860, art. 28, sec. 72. 1858, ch. 271, sec. 5.

1878, ch. 478.

43. The said commissioners may adopt in the whole or as a part
of the ditch or ditches to be located and laid out under this article any
ditch or ditches already made, cut or laid out, and shall in such case
provide by assessment, as aforesaid, for their extension, straightening,
enlargement and repair, and shall allow the owners thereof a fair com-
pensation for the work already done on such ditch or ditches, to be paid
by those benefited; provided, that the said owners of such ditch, so
adopted in whole or in part shall be taxed their just proportion of the
cost of the whole ditch, or of the new and additional work.

Ibid. sec. 43. 1888, art. 25, sec. 43. 1860, art. 28, sec. 73. 1858, ch. 271, sec. 6.

44. 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