ART. 25] DRAINING LANDS. 781

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 dam-
ages thereon accruing to the owner of the land be assessed by the com-
missioners appointed to lay out the main ditch, or by three other free-
holders appointed by the county commissioners for said county for
the purpose of assessing such damages.

1904, art. 25, sec. 61. 1888, art. 25, sec. 60. 1860, art. 28, sec. 89.
1858, ch. 271, sec. 11.

62. The person applying for such 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.

Ibid. sec. 62. 1888, art. 25, sec. 61. 1860, art. 28, sec. 90.
1858, ch. 271, sec. 11.

63. 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 intervening land, or other person
benefited, shall contribute and pay such sum or sums, respectively, as
the commissioners shall determine to be his proportionate part of the
damage, costs and expenses for laying out and making such cross-ditch
or ditches.

Ibid. sec. 63. 1888, art. 25, sec. 62. 1860, art. 28, sec. 91.
1858, ch. 271, sec. 12.

64. Every ditch so made shall always remain open for the benefit
of such persons, their heirs and assigns, as the commissioners in their
report shall return as being benefited thereby, and chargeable with the
expense of making the same; but if any ditch laid out as aforesaid
shall not be begun 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.

Ibid. sec. 64. 1888, art. 25, sec. 63. 1860, art. 28, sec. 92.
1858, ch. 271, sec. 13. 1904, ch. 391.

65. Any person who shall stop up, or in any way obstruct any ditch
made in pursuance hereof, so as to impede the free flow of water therein,
shall be deemed guilty of a misdemanor and on conviction thereof by
any justice of the peace shall be fined not exceeding twenty dollars for
each offense and the costs of prosecution, and, in the discretion of the
said justice, may be committed to jail until such fine and costs are
paid. All such fines when collected shall be paid to the treasurer of
the ditch on which the offense was committed for the use of such ditch;
provided, properly constructed swinging water gates may be placed