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of them, to make and open a drain or ditch down said branch, from the said road, until it shall in-
tersect the main ditch of Long Marsh aforesaid, in such direction, and of such width and depth, as
they, or a majority of them, may judge most proper to carry off the water from said branch, (pro-
vided the width does not exceed sixteen feet, or depth three feet, ) and reduce the same to dry land;
and the power and authority of said directors, so to be chosen, shall continue and be in force until
the next annual election of directors.
III. AND BE IT ENACTED, That the cost, charges and expences, of cutting and opening said
ditch or drain, shall be paid by the respective proprietors of the same, each paying for the cutting
and opening the said drain or ditch through his own land, except where it shall so happen that two
or more of the said proprietors hold parts of the 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 shall or may hold.
IV. AND BE IT ENACTED, That the said directors, or any two of them, shall have full power
and authority, at any time thereafter, to cut, open and complete, the said drain or ditch, and also
from time to time to repair, cleanse and keep open and in good order, the said ditch or drain so to
be opened and cut in virtue of this aft, at the expence of the said proprietors, in the same proportion
that the expences of cutting and opening the said ditch or drain are to be paid, - and for the purpose
of cutting and 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 any two of them, are hereby authorised to
apportion what they may conceive the expence thereof will amount to, and demand and receive such
proportions respectively from the said proprietors, before or at any time after the commencement of
the said work, or after the same is finished; provided always, that in as much as it may be inconve-
nient for some of the proprietors through whose lands said ditch or drain shall pass, to satisfy and
answer all the expences of cutting and opening said ditch or drain at one time, the said directors, or
any two of them, may make an estimate of the expence 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 annual payments, one third of which to be discharged on
or before the first Monday of April, eighteen hundred and seven, one third on or before the first
Monday of April, eighteen hundred and eight, and the remaining third on or before the first Mon-
day of April, eighteen hundred and nine.
V. AND BE IT ENACTED, That the proprietors of said branch, or any of them, shall not, at any
time after the said ditch or drain is cut and opened, permit or suffer any of his, her or their horses,
cattle or hogs, to go into the same, or to make water holes in the said ditch or drain, or put fences or
other obstructions across or in the same; and the said directors, or any two of them, in the case of
horses, hogs or cattle, of the said proprietors, or any of them, being permitted to go into the ditch
or drain aforesaid, may take and impound them, as for damages feasant, in which case the usual pro-
ceeding in such distresses shall be observed; and if any of the said proprietors shall at any time
make watering holes in the said ditch or drain, " or run fences across, or otherwise obstruct the same,
the said directors, or a majority of them, may remove the nuisance, and fine the offender a sum not
exceeding two dollars for any one offence, to be recovered as hereafter directed, and applied to de-
fray the general expences of cleansing the said ditch or drain.
VI. 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 as aforesaid, for the purpose of opening, cutting, cleansing or(repairing, the said
ditch or drain, or fine or fines 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 anyone 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 found on 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 day of notice and sale, shall be given, which said sale shall be for current mo-
ney; 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 or 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, re-
maining in the hands of the said directors, after paying the proportion of the said proprietor or pro-
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CHAP
LIII.
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