JOSEPH KENT, ESQUIRE, GOVERNOR.

1826.

or lease as aforesaid, the said overplus shall be tendered or re-
turned to the 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 ma-
nagers or directors, during the infancy of such proprietor or
proprietors, to raise the said arrears, or any part thereof, by dis-
tress and sale of any personal property as aforesaid; but if in
case any proprietor or proprietors of the branch or land through
which the said ditch or drain shall pass, shall fee a minor or mi-
nors under the age of twenty-one years, the guardian or guardians
of such minor or minors shall, and they are hereby compelled,
to pay and satisfy to the said managers or directors, in the same
manner and at the same time, the proper and proportionable
part of the cost, charges and expenses, of the said ditch or
drain, in the same manner as other owners or proprietors are
compelled to do, or in the same manner, and at the same time
as such minor or minors would have been compelled to do if of
full age to contract for his, her or themselves, except aa is here-
in before provided for in the case of minors in relation to per-
sonal property.

CHAP. 114

Proviso

6. And be it enacted, That in any and in all cases of a dis-
agreement or misunderstanding between the said managers or
directors, and any proprietor or proprietors of the said branch,
and the lands through which said ditch or drain shall pass, in as-
certaining and apportioning the expenses, cost and charges, to be
paid by such proprietor or proprietors, the said managers or di-
rectors, proprietor or proprietors, shall choose two discreet, dis*
interested men, no way connected with or related to either par-
ty, who shall enter upon and examine the matter or thing in con-
troversy, and shall, as early as practicable thereafter, make their
award and determination on the subject matter in dispute; and
in ease the persons so chosen to arbitrate shall not agree in their
determination, then they shall immediately call in a third per-
son, who is no way interested or concerned in the subject mat-
ter of dispute, or related to either of the parties, and the decision
of any two of the said persons, thus chosen to arbitrate, shall be
final and conclusive on the subject; and this mode of reference
may be had as often as may become necessary, until a decision

In case of disa-
greement, two
disinterested per-
sons to be appoint-

ed to examine

matter

ordetermination can be had on the subject in dispute.
7. And be it enacted. That any timber winch may be stand-
ing or lying on the line of location of the said ditch or drain,
shall be taken and held as the right and property of the propri-
etor or proprietors of the land on which the same may be found,
provided such proprietor or proprietors of any such land and
timber shall cut and remove, or cause to be cut and removed, all
such timber, within a reasonable time, which the said managers
or directors, shall allow, notify and stipulate for, with such pro-
prietor or proprietors; but if in £ase the said proprietor of
proprietors of any such timber as aforesaid, shall fail, neglect, or
refuse, to cut and remove, to be cut and removed within the time
limited or stipulated for, then it shall and may be lawful for the
said managers or directors, to cut and re more, or cause to he cut
and removed, all such timber as aforesaid, and to sell the same

Timber lying on
line of ditch, to
be the right of