COUNTY COMMISSIONERS. 911

the same himself in case said adjoining proprietor during said time neg-
lects or refuses to assist therein to the extent of bearing one-half the cost
and expense thereof; and if said adjoining owner shall fail or neglect
within the said thirty days to assist him as aforesaid therein, he may pro-
ceed to construct, make, dig out or repair the said partition, drain or line
ditch constructing or repairing the same to a sufficient width and depth
on the said boundary line with the boundary line in the centre of said
ditch, at his own costs and expense and in the ordinary way by paying the
current prices for labor, and he shall keep an itemized account of such
costs of construction or repairs, and the said adjoining proprietor shall be
responsible and liable for one-half thereof, to be recovered by him from
said adjoining proprietor as in action of debt before a Justice of the Peace
if the same be under one hundred dollars, and before the Circuit Court
if a half thereof amounts to more than one hundred dollars. Provided,
the said adjoining proprietor, after receiving said notice, if he thinks the
making or repairing of such partition drain or line ditch unnecessary, shall
have the right to an arbitration thereon in the following manner: He shall
at once appoint a neighboring freeholder to represent him in the arbitra-
tion, and at once give notice to the adjoining proprietor who had origi-
nated the idea of making and repairing the drain of his intention to resist
the expenditure of making or repairing the drain by arbitrating the same,
giving him the name of the person he has selected, requesting him to select
one also to represent him in the arbitration and these two arbitrators shall
select a third, all of whom shall be neighboring freeholders; and the said
arbitrators so elected shall meet not later than five days after the expira-
tion of the said thirty days' notice on the boundary line of the proposed
partition drain or line ditch, and determine tike necessity therefor, and
their decision therein shall be final and binding on the parties.

And further provided, that the two preceding sections (131 and 132)
are to apply only to private ditches which are partition or line ditches be-
tween adjoining proprietors and not to apply to public, assessed or tax
ditches.

1920, ch. 507, sec. 81AX.

133. Whenever the drainage of roads may be deemed advisable, even
though it does not materially benefit any sw'amp or low lands, the State
Roads Commission may petition the County Commissioners to appoint,
or the County Commissioners of any county, where it is proposed to im-
prove a county road, may appoint without petition, a Board of Drain
Commissioners in the same manner as a landowner's petition under Sec-
tion 111 of this Article. The said Drain Commissioners will view the land,
without employing a surveyor or engineer, unless one is required to de-
termine the extent of damages resulting from the construction of the ditch
or drain, and will award damages to be paid by the party instituting the
action. The laying out of the ditch, ditches, or drains shall be done by
the party instituting the action at their own expense. The Drain Commis-
sioners shall not pass on any of the details of engineering or costs of con-
struction of the proposed ditch or drains, their sole functions being to