422 COUNTY COMMISSIONERS. [ART. 25.

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 ommissioners as if the person origi-
nally appointed had acted.

F. G. L., (1860,) art. 28, sec. 96. 1858, ch. 271, sec. 16.
67. 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 to divert the water
so as to deprive the owner over whose lands said water flows, of
the benefits and water rights now enjoyed by him.

Ibid. sec. 97. 1858, ch. 271, sec. 17.

68. 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.

Ibid sec. 98. 1858, ch. 271, sec 18.

69. 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 sufficient as if said owner resided in this State.

Ibid sec 90. 1847, ch. 250.

70. The county commissioners or circuit court for 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 costs, in their discretion, according to the
right of the matter.

Ibid. sec. 100. 1858, ch. 271, sec. 19.

71. Any person conceiving himself aggrieved by the determi-
nation of the county commissioners, or by any proceedings had