COUNTY COMMISSIONERS 1023

An. Code, 1924, sec. 70. 1912, sec. 68. 1904, sec. 67. 1888, sec. 66. 1858, ch. 271, sec. 15.

71. If any commissioner appointed in any order, original or of review
shall die, or remove from the county, or be otherwise unable to act, the
county commissioners, as soon as practicable thereafter, shall appoint an-
other person in his stead, and the order and report thereon shall be executed
and received in the same manner by the county commissioners as if the
person originally appointed had acted.

An. Code, 1924, sec. 71. 1912, sec. 69. 1904, sec. 68. 1888, sec. 67. 1858, ch. 271, sec. 16.

72. Nothing herein contained shall be so construed as to authorize the
removal of any mill-dam, or interference with the legal water rights apper-
taining to mills, nor to divert the water so as to deprive the owner over
whose lands said water flows of the benefits and water rights now enjoyed
by him.

An. Code, 1924, sec. 72. 1912, sec. 70. 1904, sec. 69. 1888, sec. 68. 1858, ch. 271, sec. 17. -

73. In case of the property or interest of any minor not having a
guardian being affected by the draining of any swamp or low grounds, as
hereinbefore provided, the orphans' court of said county shall appoint a
guardian to protect the interest of such minor.

An. Code, 1924, sec. 73. 1912, sec. 71. 1904, sec. 70. 1888, sec. 69. 1858, ch. 271, sec. 18.

74. If any owner of land or other property affected by any proceedings
hereinbefore authorized lives out of the State, a written notice of thirty
days served on the tenant or agent of such owner of the proceedings of the
commissioners shall be as good and sufficient as if said owner resided in the
State.

An. Code, 1924, sec. 74. 1912, sec. 72. 1904, sec. 71. 1888, sec. 70. 1847, ch. 250.

75. The county commissioners or circuit court for the county in which
such proceedings may be pending, at any time before a final decision is
made, may, upon application of any party thereto, grant leave, in their
discretion, to said party to amend the petition, or any part of the proceed-
ings thereunder that may be defective or informal, so as to bring the merits
of the case before said county commissioners or circuit court or jury for
trial, and may award cost, in their discretion, according to the right of
the matter.

An. Code, 1924, sec. 75. 1912, sec. 73. 1904, sec. 72. 1888, sec. 71. 1858, ch. 271,

sec. 19. 1906, ch. 137.

76. Any person feeling himself aggrieved by any determination of the
county commissioners, or by any proceedings had under this article relating
to drains, may appeal to the circuit court for the county in which such
determination was made or proceedings were had, and shall be entitled to
trial by jury, at the election of either party; provided, such appeal shall be
taken within thirty days from the day such determination was made or such
proceedings were had; and the judgment rendered thereupon shall be final
between the parties thereto.

Cited but not construed in Miles v. Stevenson, 80 Md. 367.

See art. 5, secs. 91 and 92.