| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
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 this, 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, the said overplus
shall be returned to the said proprietor or proprietors to
whom it belongs; Provided always, taht 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 |
1815.
'
CHAP. 150.
Proviso. |
6. 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 whcih 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, 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 and repairing, the said ditch or drain,
in the manner herein before directed. |
Accounts of receipts
and expenditures
to be produced
to proprietors. |
|
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