JOSEPH KENT, ESQUIRE, GOVERNOR.

1825.

to, they may and shall proceed to elect by ballot, or otherwise
appoint, five or more of the aforementioned persons for mana-
gers or directors, who, when so elected or appointed, are here-
by authorised and empowered, or any three of them, to make,
cut, excavate and open, a ditch or drain, in such direction, and
of such convenient width and depth, as they, or any three of
them, may judge proper, needful and necessary, to drain or
carry off the water from said branch, and the adjoining lands,
from tide water at Parson's creek, at a place called the Bridge
Marsh, to the fork of said branch, and from thence runs with
the east prong of said branch to the head waters of Tobacco Stick
Bay, near the dwelling house of Martha Jones, or in any other
more convenient or eligible rout or direction which the afore-
said managers or directors may select or adopt; and the powers
and authority of such managers and directors, so elected, or
otherwise appointed, shall be and continue in force until a new

CHAP. 114

election or appointment shall be made and take place.
2. And be it enacted, That in case of death, resignation,
refusal, removal, or disqualification to act, of any of the per-
sons elected or appointed managers or directors, at any time
hereafter, it shall and may be lawful for the remaining mana-
gers or directors to meet, as soon as conveniently may be there-
after, at their usual place of meeting, and to elect, or otherwise
appoint, a suitable and proper person or persons, as the case
may be, to act and to serve in the place of any manager or di-
rector that may have resigned, removed, refused, neglected,
died, or become disqualified to act, until the next general an-
nual meeting of said managers or directors, who shall be, and
he is hereby declared a manager or director, to all intents and
purposes, as fully and completely as if he had been duly elect-
ed or appointed at the first or any subsequent general annual

Vacancies how

supplied

meeting of said managers or directors, under this act
3. And be it enacted, That the costs, charges and expenses,
of cutting, making and opening, said ditch or drain, shall be
paid by the respective owners and proprietors of the same,
each paying for cutting and opening the said ditch or drain
through his, her or their own land, except where it shall so
happen that two or more of the said owners or proprietors hold
a part of the said branch or low grounds through which said
ditch or drain may pass, or which low grounds may be drained
or improved thereby, adjoining each other, in which case each
shall pay in proportion to the part or parts he, she or they,
may own or hold, and in proportion to the benefits to be deriv-
ed from said ditch or drain.

Expenses to be
paid by owners

4. And be it enacted, That the said managers or directors,
or any three of them, shall have full authority and power, at
any time hereafter, to cut, open, excavate and complete, the
said ditch or drain, and also from time to time, as need may re-
quire, to repair, cleanse and keep open, and in good order, the
said ditch or drain to be cut and opened by virtue of this act,
.at the expense of the said proprietors, owners, managers or di-
rectors, in the same fair and equal proportion that the expenses,
costs and charges, of cutting, excavating and opening, of said
ditch or drain, in the first instance; and the said managers or

Manager to open
and keep in repair
ditch at expense
of proprietors