ART. 25] DRAINED LANDS. 723

the county where such swamp or low lands or any part thereof
ore situated, for the appointment of commissioners to locate or
lay out a ditch or ditches for the purpose; and when such
swamp or low lands are situated in two or more adjoining
counties, the county commissioners of the county to which
application shall first be made as aforesaid by petition shall
have exclusive jurisdiction of the subject-matter, who shall
thereupon appoint a board of three or more commissioners
to be composed of judicious and impartial freeholders, to be
taken from the neighborhood or vicinity of said swamp or low
lands, one of whom at least shall be taken from each of said
adjoining counties where the swamp or low lands lie or are
situated in two or more adjoining counties.

1888, art. 25, sec. 36. 1860, art. 28, sec. 66. 1858, ch. 271, sec 2.

36. The commissioners so appointed, being first duly sworn
to execute their duties faithfully and impartially, shall call to
their assistance a skillful surveyor, sworn in like manner, and
shall go upon and view the swamps or low grounds mentioned
in the petition, and lay out, by specified courses and distances,
breadths and depths, such ditch or ditches as shall be sufficient
to drain the said swamps or low grounds.

Ibid. sec. 37 1860, art. 28, sec. 67. 1858, ch. 271, sec. 2.

37. They shall estimate the probable costs or expenses,
including damages, if any, of cutting such ditch or ditches,
and the sum or proportion thereof which each owner or
possessor, or person benefited, shall be bound to pay.

Ibid. sec. 38. 1860, art. 28, sec 68. 1858, ch. 271, sec 2.

38. They shall make out and return to the county commis-
sioners, at their next meeting thereafter to which it may be
practicable, a report in writing, under their hands, with a plat
or map attached, containing a description by general delinea-
tion, without survey, of the boundary lines of the swamp or
low ground mentioned in the petition, and also a delineation
of each owner's or possessor's lot or parcel, with the estimated
quantity of acres the same may contain, with the name of
every person to whom they may award damages, and the
amount thereof, and the sum or amount each owner or pos-
sessor, or person benefited, shall be bound to pay as his
proportion of the cost or expense of cutting such ditch or
ditches and of the damages, if any shall be awarded; and a
majority of said commissioners may determine any matter.