| 1805.
CHAP. 100.
Directors to produce
an account
of monies received
and expended. |
LAWS OF MARYLAND.
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, her or their hands, to the directors
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 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 and recovering, and in case of refusal, suing
for and recovering, from the said 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, her 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
and repairing, the said ditch or drain, in the manner herein
before directed. |
How vacancies are
to be filled. |
8. AND BE IT ENACTED, That in case of death
or resignation,
refusal or disqualification to act, of the persons chosen directors,
at any time hereafter, it shall and may be lawful for the
said other directors to meet as soon as conveniently may be thereafter,
at their place of meeting aforesaid, and choose a person in
his stead to act as director till the next annual meeting of the said
proprietors, and if any two directors therein disagree in such choice,
they shall determine the same by drawing lots for the persons put
in nomination, and the person in whose favour the matter shall be
so determined, shall be and he is hereby declared a director, to all
intents and purposes, until the succeeding annual election. |
Commissioners
appointed to examine
branch prior
to operation of
this law, &c. |
9. AND BE IT ENACTED, That White Turpin, William
Whitely
and Thomas Mason, br and they are hereby appointed commissioners
to said branch through which the said ditches or drains
are to be cut and opened, prior to the operation of this law, and
examine the same, and where it shall be found, upon examination
by the said commissioners, that any person or persons through
whose lands the said ditches or drains shall be cut, that such person
is injured thereby, or is to receive no benefit from the same,
then the person or persons so injured shall be exonerated from the
effects of this law, so far as relates to the cutting the said ditches
or drains, and that the cutting said ditches or drains through such
person's lands, shall be equally defrayed by the joint expense of
those persons benefitted thereby; and in case of the death, refusal
or inability, of either of the said commissioners, the remaining
two shall choose a third disinterested person, who shall all meet on
the first Tuesday in March next ensuing, if fair, if not fair, on
the next fair day; and the said commissioners are to receive the
sum of two dollars per diem for their services, to be paid by the
persons benefitted in the said ditches or drains. |
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