THOMAS H. HICKS, ESQUIRE, GOVERNOR.

405

'distances, breadths and depths of such ditch or
ditches as shall be sufficient to drain the said
swamps or low grounds, and estimate the proba-
ble 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 person benefited, shall be bound to pay and
make out, and return to the said 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 de-
lineation, without survey of the boundary lines
of the swamps or low ground mentioned in said
petition, and also, a delineation of each owner's
or possessor's 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
benefited, shall be bound to pay as his proportion
of the cost or expense of cutting such ditch or
ditches, and the damages aforesaid, if any shall
'be awarded, and a majority of said commissioners
may determine any matter.

SEC. 3. And be it enacted, That if the commis-
sioners shall consider that the making such ditch
or ditches, will injure any person through or upon
whose land the. same shall be laid out, they shall
award to the person or persons so injured, such
damages as they shall judge to be just and rea-
sonable, 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 land of such person.

May award
damages.

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 are in the neigh-
borhood of and drain into the said ditch or ditches,
and who will derive benefit therefrom, shall be
liable to contribute to the cost and expenses 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 respec-
tively, by them to be paid, a fair and reasonable

Expenses —
how paid.