| 1801.
CHAP. 61.
Expenses to be
paid by proprietors. |
LAWS OF MARYLAND.
3. AND BE IT ENACTED, That the cost, charges
and expenses,
of cutting and opening the said ditch or drain, shall be paid by the
respective proprietors of the same, each paying for the cutting and
opening the said drain or ditch through his own land, except where
it shall so happen that two or more of the said proprietors hold
parts of the said branch through which the said ditch or drain
shall be made, adjoining each other, part on one side thereof, and
part on the other, in which case each shall pay in proportion to the
part he shall or may hold. |
Drain to be cut by
directors, who are
to apportion expenses.
Proviso. |
4. AND BE IT ENACTED, That the said directors,
or any two of
them, shall have full power and authority, at any time thereafter,
to cut, open and complete, the said drain or ditch, and also from
time to time to repair, cleanse, and keep open and in good order,
the said ditch or drain so to be opened and cut in virtue of this act,
at the expense of the said proprietors, in the same proportion that
the expenses of cutting and opening the said ditch or drain are to
be paid; and for the purpose of cutting and opening the said ditch
or drain in the first instance, and of repairing and cleansing the
same when cut and opened, the said directors, or any two of them,
are hereby authorised to apportion what they may conceive the expense
thereof will amount to, and demand and receive such proportions
respectively from the said proprietors, before or at any
time after the commencement of the said work, or after the same
is finished; Provided always, that inasmuch as it may be inconvenient
for some of the proprietors through whose lands said ditch
or drain shall pass, to satisfy and answer all the expenses of cutting
and opening such ditch or drain at one time, the said directors,
or any two of them, may make an estimate of the expenses of
cutting the said ditch or drain through that part of the branch in
which said ditch or drain shall pass, and apportion the same as
above directed, and that the same be paid by the proprietors respectively
of that particular part of the said branch unto the said
directors, at three annual payments, one third of which to be discharged
on or before the first day of March, eighteen hundred and
four, one other third on or before the first day of March, eighteen
hundred and five, and the remaining third on or before the first day
of March, eighteen hundred and six. |
Penalty on proprietors
obstructing
ditch or suffering
cattle to go into
the same.
|
5. AND BE IT ENACTED, That the proprietors
of said branch,
or any of them, shall not, at any time after the said ditch or drain
is cut and opened, permit or suffer any of his, her or their horses,
cattle or hogs, to go into the same, or to make water holes in the
said ditch or drain, or put fences or other obstructions across or
in the same; and the said directors, or any two of them, in the case
of horses, hogs or cattle, of the said proprietors, or any of them,
being permitted to go into the ditch or drain aforesaid, may take
and impound them as for damage feasant. in which case the usual
proceeding in such distresses shall be observed; and if any of the
said proprietors shall at any time make watering-holes in the said
ditch or drain, or run fences across, or otherwise obstruct the
same, the said directors, or a majority of them, may remove the
nuisance, and fine the offender any sum not exceeding two dollars
for any one offence, to be recovered as hereafter directed, and applied
to defray the general expenses of cleansing the said ditch or
drain. |
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