WILLIAM GRASON, ESQUIRE, GOVERNOR.

1838.

each paying for the cutting or opening the drain

through his, or her own land, except when it shall so

happen that two or more of the said proprietors hold
parts of said branch through which the said ditch or
drain shall be made, adjoining each other, part on one
side thereof and part on the other, in which case each
shall pay in proportion to the part he, or she, should, or
may hold.

CHAP. 150.

Sec. 3. And be it enacted, That the said directors,

or a majority of them, shall have full power and au-

thority at any time thereafter, to cut, open, or complete

said drain, or ditch, and also, from time to time, to
repair or clean, and keep open in good order, that said
ditch or drain, so to be made and rut in virtue of this
act, at the expense of said proprietors, in the same
proportion that the expenses of cutting and opening
the said ditch or drain, are to be paid, and for cutting
or opening the said ditch or drain, in the first instance,
and of repairing and cleansing the same when cut and
opened, the said directors, or a majority of them, are

Authority to cut.

hereby authorized to apportion what they may con-
ceive the expenses thereof will amount to, and demand
and receive such proportion from the said proprietors,
respectively, before, or at any time after the commence-
ment of the said work, or after the same is finished.

And apportion the

expenses.

Collect.

Sec. 4. And be it enacted, That in case the said
proprietors, or any of them, shall not pay to (ho said
directors, his or her, or their respective proportions
of any sum of money, fixed and apportioned by the
said directors as aforesaid, for the purpose of opening,
cutting, cleansing or repairing the said ditch or drain,
within sixty days after demand of the same by such

Case of failing to

pay.

directors, or a majority of them, it shall and may be
lawful for the said directors, or a majority of them, to
collect the proportion due from such delinquent pro-
prietor, or proprietors by distress and public sale of
any goods, or chatties, of such proprietor or proprie-
tors, of which sale ten day's notice shall be given, in-
cluding the day of notice and sale, 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 as aforesaid, from such delinquent proprietor

Remedy.

or proprietors, by making a lease of the whole, or any
part of said branch, belonging to such delinquent pro-

Lease authorised.