1844.

THOMAS G. PRATT, ESQUIRE, GOVERNOR.

CHAP. 878.

ally, and taking to their assistance a skilful surveyor,
sworn or affirmed, to do his duty in like manner, to go
upon and view the swamps or low ground mentioned in the
petition, and lay out by specified courses and distances,
breadths and depths such ditch or ditches as shall be
sufficient to drain the said swamps or low ground, and
estimate the probable cost or expense, including damages,
if any, of cutting such ditch or ditches, and the sum or
proportion thereof, which each owner or possessor or per-
son benefitted shall be bound to pay and make out and
return to the said levy court or commissioners, at their
next session thereafter, to which it may be practicable to
make said return, a report in writing under their hands,
with a plat or map attached containing a description by
general delineation, without survey of the boundary lines
of the swamp or low ground mentioned in said petition,
and also, a delineation of each owners or possessors lot or
parcel with the estimated quantity of acres the same may
contain, with the name of every person to whom they
shall award damages, and the amount thereof, and the
sum or amount each owner or possessor or person bene-
fited, shall be bound to pay as his proportion of the cost
or expense of cutting such ditch or ditches, and the dam-
ages aforesaid, if any, shall be awarded, and a majority

Commission-
ers to award
for damages.

of said commissioners may determine any matter.
SEC. 3. And be it enacted, That if the commissioners
shall consider that the making such ditch or ditches will
injure any person through or upon whose and the same
shall be laid out, they shall award to the person or per-
sons so injured, such damages as they shall judge to be
just and reasonable, to be paid by the person or persons,
chargeable with the cost and expense of making such
ditch or ditches, and the same shall be paid or tendered
to the persons respectively, to whom the same shall be
so awarded before cutting the ditch through or upon the

To assess per-
sons benefitt-
ed, &c.

land of such person.
SEC. 4. And be it enacted, That all persons through or
upon whose land such ditch or ditches shall be laid out,
or whose lands arc in the neighborhood of and drain into
the said ditch or ditches, and who will derive benefit
therefrom, shall be liable to contribute to the cost and ex-
penses of cutting and making the same, and the said com-
missioners shall adjudge thereof, and shall assess by way
of tax on such person or persons respectively, by them to
be paid a fair and reasonable sum, proportioned to the
benefit or advantage they may respectively receive by cut-
ting and making the said ditch or ditches, the sum so levi-
ed and raised shall be appropriated to the cutting, open-