COUNTY COMMISSIONERS. 885

An. Code, sec. 40. 1904, sec. 39. 1888, sec. 39. 1858, ch. 271, sec. 3.

42. 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 cutting the ditch or ditches.

An. Code, sec. 41. 1904, sec. 40. 1888, sec. 40. 1858, ch. 271, sec. 4. 1878, ch. 478.

1880, ch. 275.

43. 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 propor-
tional to the advantages they may receive.

An. Code, sec. 42. 1904, sec. 41. 1888, sec. 41. 1858, ch. 271, sec. 4.

44. 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. 8.

An. Code, sec. 43. 1904, sec. 42. 1888, sec. 42. 1858, ch. 271, sec. 5. 1878, ch. 478.

45. 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 compensation 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.

An. Code, sec. 44. 1904, sec. 43. 1888, sec. 43. 1858, ch. 271, sec. 6.

46. 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 thereof
may apply to the county commissioners at any time before the confirma-
tion of the return for an order of review, and the county commissioners,
may, in their discretion, grant such order and appoint other commissioners
to perform the same duty as under the original commission.

An. Code, sec. 45. 1904, sec. 44. 1888, sec. 44. 1858, ch. 271, sec. 7. 1878, ch. 478.

47. The commissioners appointed under any order, original or of re-
view, shall, within one month after the confirmation of their report, call
together the taxables rated for such ditch or ditches, at some convenient
place near the swamp or low lands to be drained, for the purpose of choos-
ing a board of two or more managers and one treasurer, and in case said
swamp or low lands lie in two or more adjoining counties such board of
managers shall be composed of one manager from each of said counties.