728 COUNTY COMMISSIONERS. [ART. 25

1888, art. 25, sec. 58. 1860, art. 28, sec. 87. 1846, ch. 299.
50. In case of the death, resignation or removal 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 adver-
tisement, as hereinbefore directed, the taxables rated for such
ditch or ditches, for the purpose of supplying such vacancy;
and the person or persons receiving a majority of votes cast at
such meeting shall be declared duly elected to serve until the
annual election.

Ibid. sec. 69. 1860, art. 28, sec. 88. 1858, ch. 271, sec. 11

60. 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 without 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 commis-
sioners 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. 60. 1860, art. 28, sec. 89. 1858, ch. 271, sec. 11.

61. 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. 61. 1860, art. 28. sec. 90. 1858, ch. 271, sec. 11.

62. 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
intervening land, or other person benefited, shall contribute
and pay such sum or sums, respectively, as the commissioners
shall determine to be his proportionate part of the damage,
costs and expenses for laying out and making such cross-ditch
or ditches.

Ibid. sec. 62. 1860, art. 28, sec. 91. 1858, ch. 271, sec. 12.

63. Every ditch so made shall always remain open for the
benefit of such persons, their heirs and assigns, as the commis-