| 1789.
CHAP.
XV. |
LAWS of MARYLAND.
shall pay the balance, if any remaining in his or their hands, to the
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
marsh or branch, or a majority of them, to nominate and appoint one of
the
said proprietors for the purpose of asking, demanding, receiving, 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 defendant
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. |
VIII. And be
it enacted, That in case of death or resignation, refusal or disqualification
qualification to act, of any of the persons chosen directors at any time
hereafter,
it shall be lawful for the said d other director or directors to meet as
soon as
conveniently may be thereafter at the Nine Bridges aforesaid, and elect
a person
or persons in his or their stead, to act as director or directors till
the next annual
meeting of the said proprietors, and if any two directors should disagree
in such
election, they shall determine the same by drawing lots for the persons
put in
nomination, and the person or persons in whose favour the matter shall
be so
determined, shall be and is hereby declared elected directors to all intents
and
purposes, until the succeeding annual election. |
Passed December
25. |
CHAP. XVI.
An ACT to enable certain commissioners to make a partition of a
tract or parcel of land called Bohemia Manor, lying
in part
within Cæcil county, of this state, and part in
Newcastle
county, in the state of Delaware, and for other purposes
therein
mentioned. |
| Preamble. |
WHEREAS Charles Carroll, Edward Oldham and Mary
his wife, by
their petition to this general assembly, have set forth, that a certain
Joseph Ensor, an idiot, of whose person the said Edward Oldham
and Mary his wife are appointed, by an act of assembly of this state, guardians
and
trustees to take the possession, direction, management, and disposition
of his
estate, is possessed of part of a tract of land called Bohemia Manor, lying
and
being part in Cæcil county, in this state, and part thereof in Newcastle
county,
in the state of Delaware, which was heretofore mortgaged by Joseph Ensor,
now deceased, the father of the said idiot, unto the said Charles Carroll,
and
that the equity of redemption in and to such part of the said tract or
parcel of
land as lieth in this state, to which the said Joseph Ensor, deceased,
had title,
by his death hath descended to the said idiot, his son and heir at
law, who is
also seized and possessed of such part of one other undivided fourth part
of the
said tract of land, which lieth in this state, that hath descended
to him as heir
at law of a certain Anne Bouchel, deceased, but that as part of the said
tract
of land lieth in Newcastle county, in the state of Delaware, as to such
part
thereof the said idiot, by the laws of that state, is entitled to one undivided
moiety of the respective parts descended from his said father and the said
Anne
Bouchel, in common with the said Edward Oldham and Mary his wife, who
are seized of the other moiety of the same in right of the said Mary, who
is
sister of the said idiot, and daughter of the said Joseph Ensor, deceased:
And
whereas the said Charles Carroll, Edward Oldham and Mary his wife, by their
petition aforesaid, have further set forth, that a certain Peter Lawson
is possessed
of one undivided moiety of the said tract of land, and that the said Charles
Carroll had filed a bill in the high court of chancery of this state, which
now
remains undetermined, against the said Peter Lawson, Edward Oldham and |
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