EMERSON C. HARRINGTON, GOVERNOR. 329

SEC. 28. And be it further enacted; That in addition to the
manner of collecting money levied for the purpose of cutting,
making and opening, or for cleaning out and repairing any
ditch or ditches, or the payment of damages or expenses, pro-
vided by sections 23 and 25 of this article, the treasurer of any
ditch, in case of the refusal or neglect of any person bound to
pay the same for thirty days after demand for payment thereof
by said treasurer, may enter suit in his name as treasurer for
any such money due taxes or assessment for ditches made pur-
suant to this article before a justice of the peace where the
amount due does not exceed one hundred dollars, and before
the circuit court, where the amount due exceeds one hundred
dollars, and to obtain judgment therefor as in cases of assump-
sit, all such suits to be entered in the county in which the debtor
resides at the time of bringing the suit. But nothing in this sec-
tion shall be construed to abridge or affect the right and power
of the treasurer to collect such money in the manner authorized
by said section 25 of this article, if he elect to proceed there-
under.

SEC. 29. And be it further enacted, That any sale of land by
the treasurer, where the owners are described as the heirs of a
named person, shall pass title as fully as if such heirs were each
named in the proceedings by his full name.

SEC. 30. And be it further enacted, That in case of the death,
resignation or removal out of the county, or other disqualifica-
tion of either or both of said managers, or of the treasurer, any
three of the taxables rated for such ditch or ditches may im-
mediately call together, by advertisement, as hereinbefore di-
rected, the taxables rated for such ditch or ditches, for the pur-
pose of supplying such vacancy; and the person or persons
receiving a majority of votes at such meeting shall be declared
duly elected to serve until the annual election.

SEC. 31. And be it further enacted, That 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 commissioners ap-
pointed to lay out the main ditch, or by three freeholders ap-