4422 ARTICLE 20.

days' previous notice of the time and place of such hearing in a news-
paper published in the county in which lands taxed for the said ditch
are situated, and by written or printed notice mailed to each taxable
named in such report or return.

1918, ch. 161, sec. 46.

162. Partition or line ditches between the adjoining lands of different
proprietors, now existing, or which may hereafter be established by
mutual consent in Somerset County, shall be made, cleaned out and
repaired by the parties respectively owning or occupying the said adjoin-
ing lands, at their joint and equal expense; and upon failure of either of
the said parties to make, cut, dig, clean out and keep in good order his
portion of said line ditch or drain, or to pay his equal share of the
costs thereof, he shall be answerable to the other party making the
expenditure therefor in an action of debt before a justice of the peace.

1918, oh. 161, sec. 47.

163. If either one of the two adjoining proprietors of lands desires to
construct, make, dig out or repair such partition drain or line ditch as a
boundary line between his own lands and those of the adjoining pro-
prietor (in case the same can not be done by agreement) he shall pro-
ceed to give at least thirty days' notice to the owner of the adjoining
lands, or to his tenant or agent, of such partition drain or line ditch or
of repairs thereon being necessary, and of his intention to proceed to
make the same himself in case said adjoining proprietor during said time
neglects 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 center of said
ditch, at his own cost 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 one-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 follow-
ing manner; he shall at once appoint a neighboring freeholder to repre-
sent him in the arbitration, and at once give notice to the adjoining
proprietor who had originated 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 arbitra-
tion and these two arbitrators shall select a third, all of whom shall be