ART. 22. ] COUNTIES AND COUNTY COMMISSIONERS.

receiving a majority of votes cast at such meeting shall be declared
duly elected to serve until the annual election.

225

127. Any person taxed for any ditch which does not pass through
or upon his land, may open a ditch or ditches through the interven-
ing lands into such main ditch or ditches, and keep the same open
at his own cost and charge; provided, that no such cross ditch shall
be cut through the land of any other person without the consent of
the owner of such land, unless the same be laid out and approved,

Id s 88
1858, c 271, s 11.
Cross ditches

and the damages thereon accruing to the owner of the land assessed
by the commissioners appointed to lay out the main ditch, or by
three freeholders appointed by the county commissioners for said
county, for the purpose of assessing such damages

Damages

128. The person applying for such cross ditch, shall pay all the
costs of laying out and opening the same; and shall also, before
making such ditch, tender or pay all damages awarded to such per-
sons as may be injured thereby.

Id H 89
1858, c 271, s 11
Persons apply-
ing to pay dam-
ages and costs

120. Whenever, in the opinion of the commissioners, the owner
of the intervening land, or any other person whose lands are situated
at the head or above such cross ditch, will derive any benefit from
cutting the same, then the said owner of the intervening land, or

Id s 90
1868, c 271, s 11.
Contributions,
when to be
made.

other person benefited, shall contribute and pay such sum or sums
respectively as the commissioners shall determine to be his or their
proportionable part of the damage, costs, and expenses for laying
out and making such cross ditch or ditches.

How levied

130. Every ditch so made shall always remain open for the
benefit of such persons, their heirs and assigns, as the commissioners,
in their report, shall return as being benefited thereby, and chargea-
ble with the expense of making the same; but if any ditch laid out

Id s 91
1858, c 271, s 12.
Ditches to re-
main open for
benefit of tax-
payers

as aforesaid shall not be begun within two years from the confirma-
tion of the return, or being begun, shall not be completed within
seven years thereafter, the said order and return shall become void
and be of no effect, and the power and authority under it shall cease.

When order
void

131. If any person shall stop up any ditch made in pursuance
hereof, except by such fixtures under fences as may be necessary to
prevent stock from trespassing through said ditch, and shall be law-
fully convicted thereof before a justice of the peace of the county,
he shall forfeit and pay for every such offence a sum not less than
two nor more than twenty dollars, to be recovered by the managers
for the time being, and applied to the use of said ditch.

Id s 92
1858, c 271, s 13
Penalty for
stopping up
ditches

132. The commissioners appointed as hereinbefore directed,
shall each receive for every day's attendance in the discharge of
their duties, the sum of one dollar.

Id s 93
1858, c 271, s 14
Pay of
commissioners

133. The managers appointed as aforesaid, shall each receive
one dollar and fifty cents for every day they shall be engaged in the
discharge of their duty; the surveyor, such reasonable compensa-
tion as shall be agreed upon between the parties; and the clerk of
the county commissioners, who is hereby required to keep a record
15

Id s 94
1858, c 271, s. 14.
Pay of
managers.

.