222

COUNTIES AND COUNTY COMMISSIONERS. [ART. 22.

ditches, and of the damages, if any shall be awarded, and a majority
of said commissioners may determine any matter.

1867, c 127
Day appointed
to hear objec-
tions

106. The county commissioners shall on their first meeting after
receiving any return of proceedings of such ditch commissioners,
appoint a day to hear objections to such return, and to ratify or re-

Notice

ject the same, and they shall give at least twenty days' notice by
publication in some newspaper published in the county, and if no
paper be published in the county, by advertisement set up in at least
four of the most public places in the neighborhood of such proposed
ditch, of the time for such hearing, and the cost of such advertise-
ment shall be taxed by them against the petitioner or petitioners for
such ditch, unless the return shall be ratified and the ditch opened,
when the same shall be charged against the fund provided for such
ditch purposes.

Art 28, s 69
1858, c 271, s 3.
Award of
damages.

107. They shall, if they consider that the making such ditch or
ditches will injure any person through or upon whose lands 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.

1878, c 478
Assessment of
benefits

108. All persons through whose lands such ditch or ditches shall
be located or laid out, or the water from whose lands by natural fall
or otherwise shall drain into the same, and who shall desire benefit
therefrom, shall contribute to the cost and expense of making the
same, and the said commissioners shall adjudge whether and to what
extent, if any, all such persons will derive benefit therefrom, and
shall assess by way of tax upon such person or persons respectively
a sum proportionate to the advantages which in their judgment such
person or persons will derive therefrom.

Art 28, s. 71.
1858, c 271, 9 4
Appropriation
of sums so
levied

109. 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.

1878, c 478.
May adopt ditch
already made.

110. 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

Compensation.

thereof a fair compensation for the work already done on such ditch
or ditches, to be paid by those benefited, provided, that the said
owner or owners of such ditch, so adopted in whole or in part, shall
be taxed their just proportion of the cost of the whole ditch, or of
the new and additional work.

Art 28, s 73
1858, c 271, s 6
Order of review.

111. Any person who may be injured by the making of any
ditch laid out as aforesaid, or who shall be assessed for any part of
the costs thereof, may apply to the county commissioners at any time
before the confirmation of the return, for an order of review, and
the county commissioners may, in their discretion, grant such order,