ART. 22. ] COUNTIES AND COUNTY COMMISSIONERS. 221

DRAINING LANDS.
101, Whenever the owner or owners of any swamp or low grounds shall deem it fit to have them drained, if the owners of said lands cannot agree, or should any be femes coverts, infants, non compos mentis, or non-residents of the county or counties where the swamp or low lands are situated, they, or any of them, may pe- tition the county commissioners sitting in the county where such swamps or low lands or any part thereof are situated for the appoint- ment of commissioners to locate or lay out a ditch or ditches for the purpose; and when such swamp or low lands are situated in two or more adjoining counties, the county commissioners of the county to which the applications shall first be made as aforesaid by petition, shall have exclusive jurisdiction of the subject-matter, who shall thereupon appoint a board of three or more commissioners, to be composed of judicious and impartial freeholders, to be taken from the neighborhood or vicinity of said swamp or low lands, one of whom at least shall be taken from each of said adjoining counties where the swamp or low lands lie or are situated in two or more ad- joining counties.	1878, c 478 Commissioners to open ditches to drain land
102, The commissioners so appointed shall first be duly sworn to execute their duties faithfully and impartially; and before pro-	Art 28, s 66 Oath
ceeding to act, they shall give at least ten days' notice of their in- tention to proceed with the execution of their commission, by advertisement set up at four of the most public places in the neigh- borhood of the proposed ditch; and no report shall be confirmed by the county commissioners without such notice shall be shown to have been given.	1867, c 127 Notice to be given of laying oft ditch
103, The said commissioners shall call to their assistance a skil- ful surveyor, sworn in like manner, and shall go upon, and view the swamps or low grounds mentioned in the petition, and lay out by specified courses and distances, breadths and depths, such ditch or ditches as shall be sufficient to drain the said swamps or low grounds.	Art 23, s 66 1858, c 271, s 2. Duties of commissioners
104, They shall estimate the probable cost or expenses, includ- ing damages, if any, of cutting such ditch or ditches, and the sum or proportion thereof which each owner or possessor or person bene- fited shall be bound to pay.	Id s 67 1858, c 271, s 2 To estimate costs and dam- ages, and appor- tion same
105. They shall make out and return to the county commis- sioners, at their next meeting thereafter to which it may be practi- cable, a report in writing, under their hands, with a plat or map attached, containing a description by general delineation, without survey, of the boundary lines of the swamp or low ground men- tioned 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 proportion of the cost or expense of cutting such ditch or	Id s 68 1858, c 271, s 2 Report to county commis- sioners