226

COUNTIES AND COUNTY COMMISSIONERS. [ART. 22.
of the order and report, shall be entitled to receive for every order

Fees of clerk to
county commis-
sioners

made and certified under his seal of office, fifty cents; for recording
the report, indorsing the confirmation thereon, and filing the same
on record, twenty-five cents.

Id s 95.
1858, c 271, s 15
Vacancies
among commis-
sioners, how
filled

134. If any commissioner appointed in any order, original or of
review, shall die, or remove from the county, or be otherwise unable
to act, the county commissioners, as soon as practicable thereafter,
shall appoint another person in his stead; and the order and report
thereon shall be executed and received in the same manner by the
county commissioners as if the person originally appointed had
acted.

Id s 96
1858, c 271, s 16
No interference
with water
rights.

133. Nothing herein contained shall be so construed as to au-
thorize the removal of any mill-dam, or interference with the legal
water rights appertaining to mills, nor divert the water so as to de-
prive the owner over whose lands said water flows, of the benefits
and water rights now enjoyed by him.

Id s 97
1858, c 271, s 17
Where minor
interested, guar-
dian to be ap-
pointed

136. In case of the property or interest of any minor not having
a guardian being affected by the draining of any swamp or low
ground, as hereinbefore provided, the Orphans' Court of said county
shall appoint a guardian to protect the interest of such minor.

Id s 98
1858, c 271, s 18
Notice to non-
resident owners

137. If any owner of land or other property affected by any
proceedings hereinbefore authorized, lives out of the State, a written
notice of thirty days served on the tenant or agent of such owner of
the proceedings of the commissioners, shall be as good and as suffi-
cient as if said owner resided in this State.

Id s 99
1847, c 250
Amendments of
proceedings.

138. The county commissioners or Circuit Court of the county
in which such proceedings may be pending, at any time before a
final decision is made, may, upon application of any party thereto,
grant leave, in their discretion, to said party, to amend the petition,
or any part of the proceedings thereunder, that may be defective or
informal, so as to bring the merits of the case before said county
commissioners or Circuit Court, or jury, for trial, and may award

Costa

costs, in their discretion, according to the right of the matter.

Id s 100.
1858, c 271, s 19
Right of appeal

139. Any person conceiving himself aggrieved by the determi-
nation of the county commissioners, or by any proceedings had
under this law, may appeal to the Circuit Court of the county, and

Trial by jury.

shall be entitled, at the election of either party, to a trial by jury;
and the judgment thereupon rendered, shall be final between the
parties

Id s 101
1858, c 271, s 20.
Managers to
erect, bridges at
roads.

140. If any ditch shall be cut across any public road, so as to
incommode travel, the managers shall erect good and sufficient
bridges, not less than twelve feet wide, over the same where it crosses
the road, and shall keep the same in good repair; and if they refuse

On failure,
supervisors to
erect.

or neglect so to do, the supervisor having charge of said road shall
erect or repair such bridge, and return an account of the expenses
thereof, under oath, to the county commissioners, who shall place
the same in the hands of the sheriff of said county, and the said