EMERSON C. HARRINGTON, GOVERNOR. 331

the confirmation thereon, and filing the same on record, twenty-
five cents.

SEC. 37. And be it further enacted, That if any commis-
sioner appointed in any order, original or of review shall die, or
remove from the county, or be otherwise unable to act, the
county commissioners, as soon as practicable 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.

SEC. 38. And be it further enacted, That nothing herein con-
tained shall be so construed as to authorize the removal of any
mill dam, or interference with the legal water rights apper-
taining 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.

SEC. 39. And be it further enacted, That in case of the prop-
erty or interest of any minor not having a guardian being af-
fected by the draining of any swamp or low grounds, as here-
inbefore -provided, the orphans' court of the county shall ap-
point a guardian to protect the interest of such minor.

SEC. 40. And be it further enacted, That 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.

SEC. 41. And be it further enacted, That the county com-
missioners or circuit court for the county in which 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 commis-
sioners or circuit court or jury for trial, and may award costs,
in their discretion, according to the right of the matter.

SEC. 42. And be it further enacted, That if any person feel-
ing himself aggrieved by any determination of the county com-
missioners, or by any proceedings had under this article relating
to drains, may appeal to the circuit court of the county in, which