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LAWS OF MARYLAND.
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 expense 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 said 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. |
103
Dec. Ses. 1825. |
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 in his, her or their part of the said branch, or
any of his, her, or their land adjoining thereto, of which sale
five days notice (excluding the days 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 of 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,
and the expenses of the distress and sale or lease 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. |
Payment may
be enforced—
exception.
Proviso. |
5. 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 |
Directors to
account—case
of neglect &c. |
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