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MUNICIPAL LAW. 139
lU."*. Affecting Adjoining Municipalities. 1. If tlic lands atioeti'd
by the (litcli are .sitinito in two or more adjoining iinniicipalitie.s the
on<;inwr of the nuinicipality in which proceedintrs were couunenced lias
full authority to continue the ditch into such municipality as far as
necessary.
2. Where the lands or roads of two or more uuniicipalities are aH'ected,
the Clerk of the municipality in whicii proceedin<;s were couunenced shall
forward to the Clerk of such other municipality a certified copy of every
certificate relating to the lands or roads tliereiii, respectively, and the
Council thereof shall, within fourteen days, pay the sum for wiiich the lands ft.
and roads within its limits are lial)le, to the treasurer of the nuinicipality in
whicii ])rocee(lin<rs were commenced. i
<»-44». Culverts by Railways. The Council may enter into an agree-
ment with a railwiiy company for the construction or enlargement, by the
railway company,' 1 any ditch or culvert on the lands of such railway, and
for ])aymeiitof the cost of the .same out of the general funds of the muin-
cipality, and to levy so much (jf the amount as the award detennines, upon
the lands aH'ected, and in ecjuitable relative proportions.
No Council shall enter into such agreement witli a railway without the
consent in writing, Hied with the Clerk, of two-thirds of the owners liable
for the construction of such ditch.
04T. Appealing from Awards. 1. Any owner dissatisfied with the
awartl of the engineer may, within fifteen clear days from the filing thereof,
appeal to the County Judge.
Notice in writing of the intention to appeal shall be served upon the
Clerk, giving tiie grounds of appeal.
The Clerk shall, after the expiration of the time for appeal, forward to
the Judge, in registered letter, a notice of any such appeals and a certified
copy of the award, who will forthwith notify tiie Clerk of the time and
place he apjioiiits for hearing the appeals. The Clerk shall forthwith
notify the engineer whose award has been appealed against and all the
persons interested.
Appellants may have the lands inspected by any other engineer.
U4H. Powers of Judge. The Judge siiall hear and determine the •I •
appeals within two months after receiving the notice from the Clerk.
He may set aside, alter or affirm the award, call witnesses and examine
the premi.ses; co,sts are in his discretion.
If the Judge finds that the engineer, through any improper motive, has
1 '
knowingly favored unduly one or more of the parties to the proceedings,
he may direct that the engineer be deprived of all or a part of his fees in
respect to the award. He may also refer the award back to tlie engineer
with such instructions as he may deem necessary. Witness fees are same
as would be allowed in a Division Court case.
<»4t>. Enforcement of Amended Award. The award as amended
by the Judge shall lie certified by the Clerk, together with the costs ordered
and by whom to be paid, and filed with the award.
The Clerk shall also, immediately after the hearing, .send by registeieil