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Ditch to be used
only by those who
have paid their
proportion of costs
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proprietor or proprietors, as the case may be.
8. And be it enacted, That it shall not be lawful for any per-
son or persons, other than those who may have paid their equal
proportion of the expenses, costs and charges, of cutting and
opening said ditch or drain, to use or occupy said ditch or drain
in any manner, either by intersecting the same with lateral
ditches or drains, without the permission of the said managers
or directors, nor shall it be lawful for any person or persons to
fill up or obstruct the water course of said ditch or drain, with
dirt, wood, logs, bridges or fences, or in any other manner, un-
der a penalty of five dollars for every such offence, and a further
sum of five dollars for every week's continuance of such ob-
struction, which said fines shall be levied and collected as other
shall debts out of court are, before some justice of the peace;
and the said fines, thus imposed and collected, shall be paid o-
ver to the managers or directors for the time being as aforesaid,
as a fund for the purpose of opening and keeping said ditch or
drain in good repair.
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Managers to pro-
duce account of
money received,
&c
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9. And be it enacted, That the managers or directors to be
chosen in virtue of this act, and each of them, shall at the ex-
piration of the year for which they may have been elected or
appointed, to produce to the proprietor or proprietors, or to the
board of managers or directors who may succeed them, a full,
fair and correct account of the money received by them, and
each of them, and from whom received, and how expended,
and shall pay the balance, if any remaining in his or their
hands, to the managers or directors, who may be elected,
chosen or appointed to succeed them for the next year; and in
case any of the said managers or 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 proprietor or proprietors of the said branch, or a majority
of them, to nominate and appoint one of the said owners or
proprietors for the purpose of asking, demanding, receiving,
and in case of refusal or neglecting, suing for and recovering,
from the said manager or managers, director or directors, such
sum or sums of money misapplied, refused, and neglected 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, in which said
suit or suits the defendants shall be allowed but one imparlance,
and the money recovered and received shall be paid to the ma-
nagers or directors to be chosen, elected or appointed, 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.
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