416 COUNTY COMMISSIONERS. [ART. 25,

awarded; and a majority of said commissioners may determine
any matter.

P. G. L., (1860,) art. 28, sec. 69. 1858, ch. 271, sec. 3.

39. 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.

Ibid. sec. 70. 1858, ch. 271, sec. 4. 1878, ch. 478. 1880, ch. 275.

40. All persons through whose lands such ditches shall be laid
ont, or whose lands are in the neighborhood of, and drain into
the same, and who will derive benefit therefrom, shall contribute
to the cost and expense of making the same; and the said com-
missioners shall adjudge thereof, and shall assess by way of tax
upon such persons, respectively, a sum proportional to the advan-
tages they may receive.

Ibid sec. 71. 1858, ch. 271, sec. 4.

41. 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.

Ibid. sec. 72. 1858, ch. 271, sec. 5. 1878, ch. 478.

42. 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 thereof a fair compensation for the work already
done on such ditch or ditches, to be paid by those benefited;
provided, that the said 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.

Ibid. sec. 73. 1858, ch. 271, sec. 6.

43. Any person who may be injured by the making of any
ditch laid out as aforesaid, or who shall be assessed for any part.