LAWS OF MARYLAND.

1844.

the said managers, in double the amount of the assess-
ment, which he may be authorised to receive, condition-
ed for the faithful performance of his trust and duty, and
the payment of any money in his hands as treasurer over
to his successor at the expiration of his office.

CHAP. 278.

SEC. 11. And be it enacted, That it shall be lawful for
any person taxed for any ditch which does not pass
through, or upon his land, to open a ditch or ditches
through the intervening lands into such main ditch or
ditches, and to keep the same open at his own cost and
charge; provided, that no such cross-ditch shall be cut
through the land of any other person, without the consent
of the owner of such land, unless the said cross-ditch shall
be laid out and approved, and the damages thereon accru-
ing to the owner of the land assessed by the commission-
ers appointed to lay out the main ditch, or by three other
freeholders to be appointed by the county court, for the
purpose of assessing such damages, the person applying
for such cross-ditch shall pay all the costs of laying out
and opening the same, and shall also before making such
ditch pay, or tender all damages awarded to such persons
as may be injured thereby, but whenever in the opinion of
the said commissioners the owner of the intervening land,
or any other person whose lands are situated at the head
of, or above the said cross-ditch will desire any benefit
from the cutting the same, then the said owner of the in-
tervening land, or other person benefitted, shall contribute,
and pay such sum, or sums respectively, as the said com-
missioners shall determine to be his, or their proportiona-
ble part of the damages, costs and expenses for laying out,
and making such cross-ditch or ditches.

Lawful for
persons taxed
for ditch not
passing thro'
his land, to
open, &c.

Proviso.

SEC. 12. And be it enacted, That every ditch that shall
be cut and opened in pursuance of this act, shall always
remain open, for the benefit of such persons, their heirs,
and assigns as the commissioners in their report shall re-
turn as being benefitted thereby, and chargeable with the
expense of making the same, but if any ditch laid out as
aforesaid, shall not be begun within two years from the
confirmation of the return, or being begun shall not be
completed within seven years thereafter, the said order and
return shall become, and be of no effect, and the power
and authority under it shall cease.

Ditches to re-
main open.

SEC. 13. And be it enacted, That if any person shall
stop up any ditch, cut in pursuance of this act, every such
person so offending and being thereof lawfully convicted
before a justice of the peace, of the county wherein such
ditch shall have been cut, shall forfeit, and pay for every
such offence a sum not less than two, nor more than twen-

Penalty for
offending, &c.