| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
holds part of the said branch or low grounds adjacent to, or which
may be drained and improved thereby, or through which the said
ditch or drain shall pass, 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. |
1815.
CHAP. 120. |
3. 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 ditch or drain, and also from
time to time to repair, cleanse and keep open, and in good repair,
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 expense of opening and cutting 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 expenses thereof
will amount to, and demand and receive such proportions respectively
from the said proprietors before or at any time after the
commencement of 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 the said ditch or drain shall pass,
to satisfy and answer the expenses of cutting and opening said
ditch or drain at any 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 the 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 branch, unto the said directors, at three
equal payments, one third of which to be paid in four months after
the commencement of said ditch, one other third in eight months,
and the remaining one third in twelve months. |
Apportionment of
costs.
Proviso. |
4. AND BE IT ENACTED, That in case 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 apportioned
by the said directors for the purpose of opening, cutting, cleansing
or repairing the said ditch or drain, 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 lands adjoining thereto, of which sale five days notice, (excluding
the day of notice and sale,) shall be given, which said
sale 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 |
Defaulters. |
VOL. III.
43
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