408

LAWS OF MARYLAND.

the assessment to pay for cutting said ditch or
ditches, and not including the proportion neces-
sary to pay damages and other expenses, and the
managers' certificate for work done, shall be
received by the treasurer in payment of the tax.

Treasurer au-
thorised.

SEC. 10. And be it enacted, That the treasurer
appointed as herein directed shall be authorised,
empowered and required, to ask for, demand
and collect all sums levied for the purpose of
cutting, making and opening, or for cleansing
and repairing the said ditch or ditches, or
for payment of damages and expenses as afore-
said, and in case of refusal or neglect of any per-
son bound to pay the same, the treasurer shall
proceed to recover and collect the same in the
way and manner that county rates and levies
are made recoverable by law, the treasurer shall
settle with the taxables, at .their annual meet-
ing in March, for all sums collected by him,
he shall be entitled to retain five per centum per
annum on the amount of his receipts as compen-
sation for his services; the treasurer shall give to
the said taxables bond and security, to be ap-
proved by the said managers, in double the
amount of the assessment which he may be author-
ised to receive, conditioned for the faithful per-
formance 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 term of
office.

May open
ditch.

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

Proviso.

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
accruing to the owner of the land assessed by the
commissioners appointed to lay out the main
ditch, or by three other freeholders, to be ap-
pointed by the Circuit Court, for the purpose of
of assessing such damages, the person applying
for such cross-ditch shall pay all the cost of lay-
ing out and opening the same, and shall also be-