1042 ARTICLE 25
county, or in case of a State Toad, to the State Roads Commission. The
Draini Commissioners appointed by the County Commissioners to locate,
lay off, open, straighten, clean out, repair or extend any ditch, or drain, or
to make any assessments for the use and maintenance of any ditch or drain,
before proceeding to do so, shall give at least ten days' previous notice of
their intention to proceed with the execution of their commission, by notice
set up at four public places in the neighborhood of said ditch or drain,
and by notice inserted in a newspaper published in the county in which
land taxes for the said ditch are situated.
An. Code, 1924, sec. 131. 1920, ch. 507, sec. 81AV.
132; The County Commissioners shall at their first meeting, after
receiving any report or return of any such Drain Commissioners, appoint
a day to hear objections to such report or return, and to correct, ratify and
confirm, or reject the same; and they shall give at least twenty days' previ-
ous notice of the time and place of such hearing in a newspaper published
in the county in which the lands taxed for the said ditch are situated,
and by written or printed notice, mailed to each taxable named in such
report or return.
An. Code, 1924, sec. 132. 1920, ch. 507, sec. 81AW.
133. Partition or line ditches or drains between the adjoining lands
of different proprietors, now existing, or which may hereafter be estab-
lished by mutual consent in any county, shall be made, cleaned out and re-
paired by the parties respectively owning or occupying the said adjoining
lands, at their joint and equal expense; and upon.failure of either of 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. If either one of the two adjoining proprietors of lands
desires to construct, make, dig out or repair such partition drain or line
ditch or drain as a boundary line between his own lands and those of the ad-
joining proprietor (in case the same.cannot be done by agreement) he shall
proceed 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 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
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