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Dec. Sess
1815.
Proviso.
Defaulters.
Proviso.
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drain, and also from time to time to repair, cleanse and keep
open and in good repair the said ditch or drain so to be opened
and cut in virtue of this act, at the expence of the said proprie-
tors in the same proportion that the expence of opening and
cutting the said ditch or drain in the first instance, and of re-
pairing and cleansing the same when cut and opened, the said
directors or any two of them are hereby authorised to appor-
tion 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 commence
ment of said work, or after the same is finished; Provided al-
ways, that in as much as it may be inconvenient for some of
the proprietors through whose lands the said ditch or drain
shall pass, to satisfy and answer the expences of cutting and
opening said ditch or drain at any time the said directors or
any two of them may make an estimate of the expence of cut-
ting 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 equal payment's, one third of which
to be paid in four months after the commencement of said ditch
one other third in eight months, and the remaining one third into
twelve months.
4. AND BE IT ENACTED, That in case the said pro-
prietors 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 for the purpose of
opening, cutting, cleansing or repairing the said ditch of
drain to be imposed as aforesaid, within thirty days after de-
mand of the same by the said directors, it shall and may be
lawful for the said directors or any one 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 bo 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 nortec, (excluding
the days of notice and sale,) shall be given, which said sale
shall be for current money; or if the said directors or a majori-
ty 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 dispos-
ing 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, remain-
ing in the hands of the said directors, after paying the propor-
tion of the said proprietor or proprietors in arrear as aforesaid,
and the expences of the distress and sale or lease as aforesaid,
the said overplus shall be returned to the said proprietor or pro-
prietors to whom it belongs; Provided always, that if any pro-
prietor or proprietors from whom any arrears shall be due as
aforesaid shall be under the age of twenty one years, it shall
not be lawful for the said directors, during the infancy of such
proprietor or proprietors, to raise the said arrears or any part
thereof by distress and sale of personal property as aforesaid
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