COUNTY COMMISSIONERS 1043

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 the necessity therefor, and
their decision therein shall be final and binding on the parties.

And further provided, that the two preceding sections (132 and 133)
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.

An. Code, 1924, sec. 133. 1920, ch. 507, sec. 81AX.

134. Whenever the drainage of roads may be deemed advisable, even
though it does not materially benefit any swamp 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 112 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
award damages and exercise the right of eminent domain as provided in
Section 113 of this Article. The cost of construction or maintenance of
any ditches or drains as provided in this section shall be paid by the party
instituting the action. Any party feeling aggrieved by a decision of the
Drain Commissioners may appeal to the Circuit Court of the county as
provided in Section 130 of this Article. This section shall not apply where
the landowner adjacent to the road is benefited more than the amount of
damages awarded and the party instituting this action desires that the
landowner pay his proportion of the costs. In the latter event the party
instituting the action will be considered the same as any freeholder under
the provisions of this sub-title.

An. Code, 1924, sec. 134. 1920, ch. 507, sec. 81AY.

135. The provisions of sections 112-134 relating to draining lands
shall apply to all lands requiring drainage in the State.

An. Code, 1924, sec. 135. 1920, ch. 507, sec. 81AZ.

136. All Acts and parts of Acts inconsistent with the provisions of
sections 112-135, be and the same are hereby repealed, but nothing herein
contained shall be construed to repeal existing sections of Article 25 of the
Annotated Code of Maryland, title "County Commissioners," sub-title