ALBERT C. RITCHIE, GOVERNOR 1039

ditches or install drain tile through the intervening lands into
such main ditch or ditches and keep the same open at his own
ccst and charge; provided that no such cross ditch or drain
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 by the Drain Commissioners and the damages
thereon accruing to the owner of the land be assessed by the
Drain Commissioners appointed to lay out the main ditch, or
by three freeholders appointed by the County Commissioners
for the county for the purpose of assessing such damages. The
person applying for such ditch or drain shall pay all costs of
laying out and opening the same ; and shall also, before making
such ditch or drain, tender or pay all damages awarded to such
persons as may be injured thereby.

81 AN. Whenever in the opinion of the Drain Commis-
sioners the owner of the intervening land or any other per-
son 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 person benefitted,
shall contribute and pay such sum or sums, respectively, as
the Drain Commissioners shall determine to be his proportion-
ate part of the damage, costs and expenses for laying out and
making such cross ditch or ditches.

81AO. Any person who shall stop up, or in any way ob-
struct any ditch or drain made pursuant thereof, so as to im-
pede 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 dollars 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
costs are paid. All such fines when collected shall be paid to
the treasurer of the ditch on which the offense wa.s committed
for the use of such ditch; provided properly constructed swing-
ing water gates may be placed across any such ditch on the
fence lines to prevent stock from trespassing through said
ditch.

81AP. The Drain Commissioners appointed as hereinbefore
directed shall each receive for every day's attention in the
discharge of their duties the sum of three dollars.

81AQ. The managers appointed as aforesaid shall receive
two dollars for every day they shall be engaged in the dis-
charge of their duty; the surveyor or engineer, such reason-