884 ARTICLE 25.

or should any be married women, infants, non compotes mentis, or non-
residents of the county or counties where the swamp or low lands are situ-
ated, they, or any of them may petition the county commissioners, sitting
in the county where such swamp or low lands or any part thereof are situ-
ated, for the appointment of commissioners to locate or lay out a ditch or
ditches for the purpose; and when such swamp or low lands are situated
in two or more adjoining counties, the county commissioners of the county
to which application shall first be made as aforesaid by petition shall have
exclusive jurisdiction of the subject-matter, who shall thereupon appoint a
board of three or more commissioners to be composed of judicious and im-
partial freeholders, to be taken from the neighborhood or vicinity of said
swamp or low lands, one of whom at least shall be taken from each of said
adjoining counties where the swamp or low lands lie or are situated in two
or more adjoining counties.

Cited but not construed in Miles v. Stevenson, 80 Md. 367.
See notes to sec. 21.

An. Code, sec. 37. 1904, sec. 36. 1888, sec. 36. 1858, ch. 271, sec. 2.

39. The commissioners so appointed, being first duly sworn to execute
their duties faithfully and impartially, shall call to their assistance a
skillful surveyor, sworn in like manner, and shall go upon and view the
swamps or low grounds mentioned in the petition, and lay out, by specified
courses and distances, breadths and depths, such ditch or ditches as shall be
sufficient to drain the said swamps or low grounds.
See notes to sec. 21.

An. Code, sec. 38. 1904, sec. 37. 1888, sec. 37. 1858, ch. 271, sec. 2.

40. They shall estimate the probable costs or expenses, including dam-
ages, if any, of cutting such ditch or ditches, and the sum or proportion
thereof which each owner or possessor, or, person benefited, shall be bound
to pay.

See notes to sec. 21.

An. Code, sec. 39. 1904, sec. 38. 1888, sec. 38. 1858, ch. 271, sec. 2.

41. They shall make out and return to the county commissioners, at
their next meeting thereafter to which it may be practicable, a report in
writing, under their hands, with a plat or map attached, containing a de-
scription 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 estimated 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 pro-
portion 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. 21.