730 COUNTY COMMISSIONERS. [ART. 25

ticable 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 commissioners as if the
person originally appointed had acted.

1888, art 25, sec 67. 1860, art. 28, sec. 96. 1858, ch. 271, sec. 16.

68. Nothing herein contained shall be so construed as to
authorize 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. 68. 1860, art. 28, sec. 97. 1858, ch. 271, sec. 17.

69. In case of the property or interest of any minor not
having a guardian being affected by the draining of any swamp
or low grounds, as hereinbefore provided, the orphans' court of
said county shall appoint a guardian to protect the interest of
such minor.

Ibid. sec. 69. 1860, art. 28, sec. 98. 1858, ch. 271, sec. 18.
70. 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 the State.

Ibid, see 70. 1860, art. 28, sec. 99. 1847, ch. 250.

71. 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, accord-
ing to the right of the matter.

Ibid. sec. 71 1860, art. 28, sec 100. 1858, ch. 271, sec. 19.

72. Any person conceiving himself aggrieved by the deter-
mination of the county commissioners, or by any proceedings
had under this article relating to drains, may appeal to the
circuit court for the county, and shall be entitled, at the elec-
tion of either party, to a trial by jury; and the judgment
thereupon rendered shall be final between the parties.
Miles v. Stevenson, 80 Md. 367.