|
JOHN EAGER HOWARD, Esq; Governor.
commencement of the said work, or after the same is finished; provided
always,
that inasmuch as it may be inconvenient to some of the proprietors of the
said
marsh and branch, through whose lands no ditch has yet been cut, to satisfy
and
answer all the expences of cutting and opening the said ditch or drain
at one
time, the said directors, or any two of them, may make an estimate of the
expence
of cutting the said ditch or drain through that part of the marsh and
branch in which no ditch has already been cut, and apportion the same as
above
directed, and that the same be paid by the proprietors respectively of
that particular
part of the said marsh and branch unto the said directors at three annual
payments, one third of which to be discharged on or before the first day
of July
next ensuing, one other third on or before the first day of July, seventeen
hundred
and ninety-one, and the remaining third on or before the first day of July,
seventeen hundred and ninety-two. |
1789.
CHAP.
XV. |
V. And be it
enacted, That the proprietors of the said marsh or 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 said drain or ditch 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 twenty shillings
current
money for any one offence, to be recovered as hereafter directed, and applied
to
defray the general expences of cleaning the said ditch or drain. |
Proprietors
not to obstruct
the drain, &c. |
VI. 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 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
marsh,
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
marsh or branch 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 expences 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. |
Money due to
be collected
by distress,
&c. |
VII. 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 |
Directors to
produce a fair
account, &c. |
|
 |
