1034 LAWS OF MARYLAND | CH. 507

such ditch or ditches and of the damages, if any shall be
awarded; and a majority of said Drain Commissioners so ap-
pointed may determine any matter connected therewith. They
shall, if they consider that the making of such a ditch or
ditches or drains 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 or drains and to be paid or tendered before cutting
the ditch or ditches.

Should it be impossible for the Drain Commissioners to
reach an agreement with the owners of any land or property
through which it is proposed to construct a ditch or drain as
herein provided, a right-of-way may be condemned, and the
procedure shall be as provided for in Article 33A of the
Annotated Code of Maryland, title "Eminent Domain," and
any amendments thereto, and such damages as may be awarded
as compensation shall be paid by the Board of Managers the
same as any other damages awarded under this law.

81AD. All persons through whose lands such ditches or
drains shall be laid out, or whose lands are in the neighbor-
hood of and drain into the same, and who will derive benefit
therefrom, shall contribute to the cost and expense of making
the same; and the said Drain Commissioners shall adjudge
thereof, and shall assess by way of tax upon such persons,
respectively a sum proportional to the advantages they may
receive. The sum so levied shall be appropriated to the making
of such ditches or drains and to the payment of the damages
awarded (if any), and the costs of the Drain Commission. The
said Drain Commissioners may adopt in the whole or as a part
of the ditch or ditches or drains to be located and laid out
under this Act any ditch or ditches or drains already made,
cut or laid out, a7id shall in such case provide by assessment,
as aforesaid, for their extension, straightening, enlargement
and repair, and shall allow the owners thereof a fair com-
pensation for the work already done on such ditch or ditches
or drains, to be paid by those benefitted ; provided that the
owners of such ditch or drain 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.

81AE. Any person who may be injured by the making of
any ditch or drain laid out aforesaid, or who may be assessed