II. Be it enacted,
by the General Assembly of
Maryland, That Messieurs
George Waters, William Stevens, William Corbin, John Cottingham and
Philip Quinton, are hereby constituted commissioners; and the said commissioners,
or a majority of them, are hereby authorised and empowered, as soon as
convenient,
to cause a new bridge to be erected over the Dividing Creek, at the
place where the old bridge now stands near Dividing Creek chapel; and the
said
commissioners, or a majority of them, are hereby empowered to contract,
in the
whole or in part, with any person or persons who will undertake to do the
said
work at the cheapest rate, or the said commissioners may purchase materials
and
hire labourers to complete the said work.
III. And
be it enacted, That the justices
of the levy courts of Worcester and
Somerset counties, at their next levy court, shall and they are hereby
directed
to levy on the assessable property of their respective counties a sum not
exceeding
twenty-five pounds current money on each of the counties aforesaid, which
said sum shall be assessed and collected with the collector's usual commissions,
in
the same manner as the other county charges of the said counties are collected;
and the said collectors of the said counties shall be answerable for and
pay the said
sums of money to be by them levied from their counties respectively, to
the commissioners,
or either of them, or their order,
at any time after the said sum or
sums of money ought to have been collected; and if either of the said collectors
shall neglect or refuse to pay the same, at the times aforesaid, the commissioners
aforesaid, or a majority of them, are hereby authorised and required to
sue for
and recover the same in the county court of the county in which such collector,
his heirs executors or securities, or either of them, shall reside, in
an action on
the case, in which it shall be only necessary for such commissioner or
commissioners
to declare for so much money had and received to his or their use.
IV. And
be it enacted, That the said
commissioners shall annually lay before the
the levy court of the counties aforesaid a fair and distinct account of
all money
by them received and expended for the purpose aforesaid, and the surplus,
if any,
after completing the bridge aforesaid, shall be applied towards paying
the county
charges; and if the said commissioners shall refuse or neglect to render
such account,
or shall neglect or refuse to pay over the balance in their hands to such
uses, and to such persons, as the said levy courts respectively shall order
and direct,
that the said commissioners, or either of them, shall be liable to be sued
in the
county in which such commissioner or commissioners reside, in the name
of the
state of Maryland, in an action of money had and received to the use of
the
state, in which action proof to the receipt of the money by any of the
said commissioners
shall be sufficient to support the said action, and such sum of money
recovered in the said action or actions, shall be received by the justices
of the
levy court ordering such suit, and applied by them in the manner herein
before
directed.
V. And be it
enacted, That upon the death
of any of the said commissioners,
or on his refusing to act, it shall and may be lawful for the justices
of the levy
court of the county in which such person or persons so dying, or refusing
to act,
shall have resided, from time to time appoint a fit a proper person or
persons
to fill the place of such person or persons dying or refusing to act. |
CHAP.
XI.
Commissioners
appointed,
&c.
Justices to levy
money,
&c.
A fair account
to be annually
laid before
the court,
&c.
How vacancies
are to be
filled. |
