414 COUNTY COMMISSIONERS. [ART. 25.

determine to build or repair any bridge, or unite with an adjoin-
ing county to build or repair any bridge between the said adjoin-
ing counties, filed before a contract for building or repairing has
been made, that the said determination of the county-commis-
sioners is inexpedient, and desiring an appeal from such determi-
nation, the county commissioners shall grant such appeal and
cease all further proceedings until the appeal is decided by the

circuit court for the county.

F. G. L., (1860,) art. 28, sec. 61. 1856, ch. 308, sec. 9.

33. Upon such appeal being taken, the county commissioners
shall immediately cause to be filed with the clerk of the circuit
court all records, acts, papers and proceedings, or copies thereof,
which may be required by the appellant, with full opportunity
for him or his counsel to examine the books and papers of the
commissioners relative to the matter; and thereupon the circuit
court shall proceed to try and determine the matter according to
justice and right, with or without the aid of a jury, as the parties
may agree or the court may order.

Ibid. sec. 62. 1856, ch. 308, sec. 9.

34. In all cases where the appeal is not sustained the appellant

shall pay the costs, and in all other cases the court shall direct
the costs to be paid in such manner and by such party as it may

deem equitable and just; and the county commissioners shall be
the appellee in such appeal, and shall levy as part of the county

charges, and pay whatever costs and charges are so ordered to be
paid by them, and all incidental expenses not therein provided
for.

Draining Lands.
P. G. L., (1860,) art. 28, sec. 65. 1858, ch. 271, sec. 1 1878, ch. 478.

35. 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 married women, infants,

non compotes mentis, or non-residents of the county or counties
where the swamp or low lands are situated, they, or any of them,
may petition the county commissioners sitting in the county
where such swamps or low lands, or any part thereof, are situated,
for the appointment of commissioners to locate or lay out a ditch