Acts. 257

take and agree to remove the said Nusance as to their respective parts
and shall also give the Security Prescribed by this Act for com-
pleating the same and shall after fail or neglect to remove such
Nusance agreeable to the Condition of their respective Bonds above

Liber H. S.
No. 1

directed to be taken that then and Immediately After such failure or
Neglect the Estate title and Interest of the said Thomas Harrison
Alexander Lawson and Brian Philpot or the said Lessees or their
Assigns so failing or Neglecting shall as to such part or parts not
made into firm and dry Ground Secured and Completed according to
the Directions of this Act cease and determine and be absolutely
void and the said Commissioners or the Major part of them shall
have and are hereby Vested with full power and Authority to sell
and dispose of all such part of the said Marshy Ground in such man-
ner as the said Commissioners or the Major part of them are by this
Act directed in case the said Thomas Harrison Alexander Lawson
and Brian Philpot or either of them and the said Lessees and their
Assigns should neglect to make their Election or Determination as
above set forth and the Money arising upon such Sale to be paid as
above directed

p. 650

And be it further Enacted that in case any of the Commissioners
shall die or remove out of the County before the purposes intended
by this Act are fully effected that then it shall be law full for the
Survivors of them to appoint one or more Commissioners to succeed
such Commissioners who shall so happen to die or remove out of
the County which said Commissioners so appointed by the Sur-
vivors shall have the same power and Authority as if particularly
named in this Act he or they first taking the Oath aforesaid

[New com-
missioners to
be chosen,
in case of
Death, &c]

And be it Further Enacted that in case any such Bond shall be
given as aforesaid and any of the Ground for the Covering and
making of which into dry Ground as aforesaid the same Bond shall
be given shall not be so covered and made into dry Ground as
aforesaid that then Suit or Action may be brought for the penalty
of such Bond at the request of the Commissioners aforesaid or the
Major part of them without any Assignment thereof and so much
only of such penalty shall and may be recovered thereupon as such
Ground not covered and made into dry Ground as aforesaid shall
amount to at the said rate of Twenty pounds Sterling per Acre
And the said Money so recovered shall be paid to and received and

[Bonds for-
feited, to be
put in suit]

applied by the Commissioners aforesaid or the Major part of them
to and for the use of the said Town for and in Building Convenient
Wharfs or to the removing the said Nusance if there should be no
purchasers or to the removing the said Nusance as to any part of the
said Marsh purchased when the terms of such purchase shall not be
complied with any Law to the Contrary Notwithstanding

And be it Further Enacted that any person or persons that shall
build or Improve on any of the said Lotts to be laid out in Virtue of

[Money re-
ceived, how
to be ap-
plied]