1018 ARTICLE 25

An. Code, 1924, sec. 40. 1912, sec. 38. 1904, sec. 37. 1888, sec. 37. 1858, ch, 271, sec. 2.

41. 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. 22.

An. Code, 1924, sec. 41. 1912, sec. 39. 1904, sec. 38. 1888, sec. 38. 1858, ch. 271, sec. 2.

42. 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. 22.

An. Code, 1924, sec. 42. 1912, sec. 40. 1904, sec. 39. 1888, sec. 39. 1858, ch. 271, sec. 3.

43. 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, 1924, sec. 43. 1912, sec. 41. 1904, sec. 40. 1888, sec. 40. 1858, ch. 271, sec. 4.

1878, ch. 478. 1880, ch. 275.

44. 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, 1924, sec. 44. 1912, sec. 42. 1904, sec. 41. 1888, sec. 41. 1858, ch. 271, sec. 4.

45. 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. 9.

An. Code, 1924, sec. 45. 1912, sec. 43. 1904, sec. 42. 1888, sec. 42. 1858, ch. 271, sec. 5.

1878, ch. 478.

46. 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