724 COUNTY COMMISSIONERS. [ART. 25

1888, art 25, sec. 39. 1860, art. 28, sec. 69 1858, ch. 271, sec. 3

39. They shall, if they consider that the making of such
ditch or ditches will injure any person through or upon whose
land 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. 40. 1860, art. 28, sec. 70. 1858, ch. 271, sec. 4. 1878, ch. 478.

1880, ch. 275.

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

Ibid. sec. 41. 1860, art. 28, 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. 42. 1860, art. 28, sec. 72. 1858, ch. 271, sec. 5. 1678, 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 propor-
tion of the cost of the whole ditch, or of the new and addi-
tional work.

Ibid. sec. 43. 1860, art. 28, 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 of the costs thereof may apply to the county commis-
sioners at any time before the confirmation of the return for an
order of review, and the county commissioners may, in their
discretion, grant such order and appoint other commissioners
to perform the same duty as under the original commission.