908 ARTICLE 25.
1920, ch. 507, sec. 81AL.
121. In case of the death, resignation or removal out of the county, or
other disqualifications of one or more of said managers, or of the treasurer,
any three of the taxables rated for such ditch or ditches may immediately
call together, by advertisement, as hereinbefore directed, the taxables rated
for such ditch or ditches for the purpose of supplying such vacancy or
vacancies; and the person or persons receiving a majority of votes at such
meeting shall be declared duly elected to serve until annual election.
1920, ch. 507, sec. 81AM.
122. Any person taxed for any ditch or drain which does not pass
through or upon his land may open a ditch or ditches or install drain tile
through the intervening lands into such main ditch or ditches and keep
the same open at his own cost and charge; provided that no such cross
ditch or drain 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 by the Drain Commissioners and the damages thereon accruing
to the owner of the land be assessed by the Drain Commissioners appointed
to lay out the main ditch, or by three freeholders appointed by the County
Commissioners for the county for the purpose of assessing such damages.
The person applying for such ditch or drain shall pay all costs of laying
out and opening the same; and shall also, before making such ditch or
drain, tender or pay all damages awarded to such persons as may be injured
thereby.
1920, ch. 507, sec. 81AN.
123. Whenever in the opinion of the Drain 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 bene-
fitted, shall contribute and pay such sum or sums, respectively, as the Drain
Commissioners shall determine to be his proportionate part of the damage,
costs and expenses for laying out and making such cross ditch or ditches.
1920, ch. 507, sec. 81AO.
124. Any person who shall stop up, or in any way obstruct any ditch
or drain made pursuant thereof, so as to impede the free flow of water
therein, shall be deemed guilty of a misdemeanor 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 prop-
erly constructed swinging water gates may be placed across any such ditch
on the fence lines to prevent stock from trespassing through said ditch.
1920, ch. 507, sec. 81AP.
125. The Drain Commissioners appointed as hereinbefore directed
shall each receive for every day's attention in the discharge of their duties
the sum of three dollars.
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