330 LAWS OF MARYLAND. [CH. 161

pointed by the county commissioners for the county for the pur-
pose of assessing such damages.

SEC. 32. And be it further enacted, That the person apply-
ing for such ditch shall pay all the costs of laying out and open-
ing the same; and shall also, before making such ditch, tender
or pay all damages awarded to such persons as may be injured
thereby,

SEC. 33. And be it further enacted, That 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 per-
son benefited, shall contribute and pay such sum or sums, re-
spectively, as the commissioners shall determine to be his pro-
portionate part of the damage, costs and expenses for laying out
making such cross-ditch or ditches.

SEC. 34. And be it further enacted, That any person who
shall stop up, or in any way obstruct any ditch made pursuant
hereof, so as to impede the free flow of water therein, shall be
deemed guilty of a misdemeanor and on conviction thereof by
any justice of the peace shall be fined not exceeding twenty dol-
lars for each offense and the costs of prosecution, and, in the
discretion of the said justice, may be committed to jail until
such fine and cost are paid. All such fines when collected shall
be paid to the treasurer of the ditch on which the offense was
committed for the use of such ditch; provided, properly con-
structed swinging water gates may be placed across any such
ditch on the fence lines to prevent stock from trespassing
through said ditch.

SEC. 35. And be it further enacted, That the commissioners
appointed as hereinbefore directed shall each receive for every
day's attendance in the discharge of their duties the sum of
three dollars.

SEC. 36. And be it further enacted, That the managers ap-
pointed as aforesaid shall receive two dollars for every day they
shall be 'engaged in the discharge of their duty; the surveyor,
such reasonable compensation as shall be agreed upon between
the parties, and the clerk of the county commissioners, who is
hereby required to keep a record of the order and report, shall
be entitled to receive for every order made and certified under
his seal of office fifty cents; for recording the report, endorsing