420 COUNTY COMMISSIONERS. [ART. 25.

P. G. L, (1860,) art 28, sec 87. 1846, ch. 299.

58. In case of the death, resignation or rem oval out of the
county, or other disqualification of either or both of said mana-
gers, or of the treasurer, any three of the taxables rated for such
ditch or ditches may immediately call together, by advertisement,
as hereinbefore directed, the taxables rated for such ditch or
ditches, for the purpose of supplying such vacancy; and the per-
son or persons receiving a majority of votes cast at such meeting;
shall be declared duly elected to serve until the annual election.

Ibid, sec 88. 1858, ch. 271, sec. 11.

59. Any person taxed for any ditch which does not pass
through or upon his land, may open a ditch or ditches through
the intervening 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 with-
out the consent of the owner of such land, unless the same be laid;
out and approved, and the damages thereon accruing to the owner
of the land be assessed by the commissioners appointed to lay out
the main ditch, or by three other freeholders appointed by the
county commissioners for said county for the purpose of assessing,
such damages.

Ibid. sec. 89. 1858, ch. 271, sec. 11.

60. The person applying for such 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,
persons as may be injured thereby.

Ibid. sec. 90. 1838, ch. 271, sec. 11.

61. 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 inter-
vening land, or other person benefited, shall contribute and pay
such sum or sums, respectively, as the commissioners shall deter-
mine to be his proportionate part of the damage, costs and ex-
penses for laying out and making such cross-ditch or ditches.