376 LAWS OF MARYLAND. CH. 261

assessed by three freeholders appointed by the county com-
missioners 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.

76. Any person who shall stop up, or in any way ob-
struct any ditch or drain or other improvement made pur-
suant to this sub-title so as to impede the free flow of
water therein, shall be deemed guilty of a misdemeanor and
on conviction thereof shall be fined not exceeding twenty
dollars for each offense. All such fines when collected shall
be paid to the county treasurer, and placed to the credit
of the Public Drainage Association which suffered the dam-
age; provided that properly constructed swinging water
gates may be placed across any such ditch on the fence
lines to prevent stock from trespassing through said ditch.

77. Where any ditch, drain or other improvement estab-
lished under the provisions of this sub-title crosses a public
highway at the intersection of such highway with a nat-
ural watercourse or depression through which water flows
during periods of high water, the cost of bridges, or of
repairing or enlarging existing bridges and culverts, or of
constructing new ones, shall be borne by the county in
which such bridges are located or by such other authority
as is required by law to maintain such highways so inter-
sected; and such bridges or culverts shall thereafter be
maintained by such county or other authority. Where any
ditch, drain, or other improvement established under the
provisions of this act crosses a public highway at a point
where such highway does not intersect a natural water
course or depression, the cost of constructing the new
bridges shall be borne by the drainage association, pro-
vided that such new bridges or culverts shall thereafter
be maintained by and at the expense of the county or other
authority required by law to maintain the highways so
intersected.

78. In all cases where the drainage improvements estab-
lished under this sub-title cross railroad rights-of-way at
the intersection of the right-of-way with a natural water-
course or depression through which water flows at periods
of high water, the railroad company shall be required to
construct, build and maintain any necessary new bridges
or culverts, or to enlarge, strengthen, reconstruct, or re-
place any old ones. In all cases where the drainage im-