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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
6. AND BE IT ENACTED, That the said proprietors,
or
any of them, shall not pay to the said directors, his, her or their
respective proportion of any sum of money fixed and appointed
by the said directors as aforesaid, for the purpose of opening, cutting,
cleansing or repairing, the said ditch or drain, or fine or fines
to be imposed as aforesaid, within thirty days after demand of the
same by the said directors, it shall and may be lawful for the said
directors, or any one of them, to collect the proportion due from
such delinquent proprietor or proprietors by distress and public sale
of any goods or chattels of such proprietor or proprietors which
shall be found on his, her or their part of the said branch, or any of
his, her or their land adjoining thereto, of which sale five days notice,
excluding the day of notice and sale, shall be given, which
said sale shall be for current money; or if the said directors, or a
majority of them, shall think fit, they may raise the money due as
aforesaid from such delinquent proprietor or proprietors, by making
a lease of the whole or any part of the said branch or adjoining upland
belonging to such delinquent proprietor or proprietors, for any
term not exceeding five years, and disposing of the said lease for
the best price in current money that can be had for the same at public
sale, and on the same notice as is before directed; and if there
shall be any overplus of the money raised by distress, (or lease,)
and sale as aforesaid, remaining in the hands of the said directors,
after paying the proportion of the said proprietor or proprietors in
arrear as aforesaid, and the expenses of the distress, (or lease,) and
sale as aforesaid, the said overplus shall be returned to the said proprietor
or proprietors to whom it belongs: Provided always, that if
any proprietor or proprietors from whom any arrears shall be due
as aforesaid shall be under the age of twenty-one years, it shall not
be lawful for the said directors, during the infancy of such proprietor
or proprietors, to raise the said arrears, or any part thereof,
by distress and sale of personal property as aforesaid. |
1801.
CHAP. 61.
Proprietors neglecting
to pay
their proportion
of money, the same
may be collected
by distress.
Proviso. |
7. AND BE IT ENACTED, That the directors to
be chosen in virtue
of this act, and each of them, shall, at the expiration of the
year for which they shall be chosen, produce to the proprietors a
full and fair account of the money received by them, and each of
them, and from whom received and how expended, and shall pay
the balance, if any, remaining in his or their hands, to directors to
be chosen for the next year; and in case any of the said directors
shall misapply or refuse to pay over as aforesaid any sum or sums
of money to be received in virtue of this act, it shall and may be
lawful for the proprietors of the said branch, or a majority of them,
to nominate and appoint one of the said proprietors for the purpose
of asking, demanding, recovering, and in case of refusal, suing for
and recovering from the said director or directors, such sum or
sums of money misapplied, or refused to be paid over as aforesaid,
in which said suit or suits to be brought in virtue of this act, it
shall and may be lawful for the person appointed as aforesaid, his
executor or administrator, to declare generally for money had and
received for his or their use, and give this act and the special matter
in evidence, and in which said suit or suits the defendants shall
be allowed but one imparlance, and the money so received and recovered
shall be paid to the directors chosen in virtue of this act for the
time being, who shall apply the same to the opening, cutting, cleansing |
Directors to produce
an account
of monies received
and expended. |
VOL. I.
14
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