ALBERT C. RITCHIE, GOVERNOR 1043

arbitration and these two arbitrators shall select a third, all of
whom shall be neighboring freeholders; and the said abritra-
tors so elected shall meet not later than five days after the
expiration of the said thirty days' notice on the boundary
line of the proposed partition drain or line ditch, and de-
termine the necessity therefor, and their decision therein shall
be final and binding on the parties.

And further provided, that the two preceding sections
(81AV and 81 AW) are to apply only to private ditches which
are partition or line ditches between adjoining proprietors and
not to apply to public, assessed or tax ditches.

81AX. Whenever the drainage of roads may be deemed
advisable, even though it does not materially benefit any swamp
or low lands, the State Roads Commission may petition the
County Commissioners to appoint, or the County Commission-
ers of any county, where it is proposed to improve a county
road, may appoint without petition, a Board of Drain Com-
missioners in the same manner as a landowner's petition under
Section 81AB of this Act. The said Drain Commissioners will
view the land, without employing a surveyor or engineer, un-
less one is required to determine the extent of damages result-
ing from the construction of the ditch or drain, and will
award damages to be paid by the party instituting the action.
The laying out of the ditch, ditches, or drains shall be done by
the party instituting the action at their own expense. The
Drain Commissioners shall not pass on any of the details of
engineering or costs of construction of the proposed ditch or
drains, their sole functions being to award damages and exer-
cise the right of eminent domain as provided in Section 81 AC
of this Act. The cost of construction or maintenance of any
ditches or drains as provided in this section shall be paid by
the party instituting the action. Any party feeling aggrieved
by a decision of the Drain Commissioners may appeal to the
Circuit Court of the county as provided in Section 81AT of
this Act. This section shall not apply where the landowner
adjacent to the road is benefitted more than the amount of
damages awarded and the party instituting this action desires
that the landowner pay his proportion of the costs. In the
latter event the party instituting the action will be considered
the same as any freeholder under the provisions of this Act.
81AY. The provisions of the preceding sections of this
Act relating to draining lands shall apply to all lands requir-
ing drainage in the State.