EMERSON C. HARRINGTON, GOVERNOR, 325

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.

SEC. 6. And be it further enacted, That they shall, if they
consider that the making of such a ditch or ditches will injure
any person through or upon whose land the same 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 be-
fore cutting the ditch or ditches.

SEC. 7. And be it further enacted, That all persons through
whose lands such ditches shall be laid out, or whose lands arc
in the neighborhood of and drain into same, and who will derive
benefit therefrom, shall contribute 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, re-
spectively, a sum proportional to the advantages they may re-
ceive.

SEC. 8. And be it further enacted, That 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.

SEC. 9. And be it further enacted, That the said commis-
sioners 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, straight-
ening, 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 proportion of the cost of the whole
ditch, or of the new and additional work.

SEC. 10. And be it further enacted, That any person who
may be injured by the making of any ditch laid out aforesaid
or who shall be assessed for any part of the costs thereof may
apply to the county commissioners at any time before the con-
firmation 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.