162

LAWS OF MARYLAND.

Dec. Sess.
1815.

Appeals not

to abate by
death if heirs
do appear.

error to the court of appeals, to which such appeal or writ of
error may be made returnable, it shall and may be lawful for
the heir, devisee, executor or administrator of the deceased, or
other proper person necessary to be made a party to such ap-
peal, or writ of error to appear in the court of appeals, in per-
son or by attorney, and suggest the death of such appellant or
plaintiff in error, and appear to such appeal or writ of error
for the purpose of prosecuting the same and the same pro-
ceedings shall be thereupon had as in other cases of appeals or
writs of error.
6. AND BE IT ENACTED, That in all appeals or writ
of error depending or hereafter to be depending in the court of
appeals of either shore, the same shall not abate by the death of
either of the parties to such appeal or writ of error, if the heir,
devisee, executor or administrator of the deceased party or
other proper person necessary to be made a party to such ap-
peal or writ of error, shall in the said court of appeals at the
first or second term succeeding the death of such party, either
in person or by attorney, make the necessary suggestion and
appear to such appeal or writ of error for the purpose of prose-
cuting or defending the same, and the same proceedings shall

be thereupon had as in other cases of appeals or writs of error

Passed Jan.

25, 1816.
Directors.

Cost.

Repairs &c.

CHAPTER 149.

An act for draining part of a branch known by the name of
Andevor Branch, lying in Queen Ann's County.
Sec. I. BE IT ENACTED by the General Assembly of
Maryland, That it shall and may be lawful for the proprietors
of the lands lying on a branch called Andevor Branch, extend-
ing from the head of said branch until it intersects the main
road leading from Peregrine Peater's farm to Smyrna, to meet
on the first Monday of April next and on the first Monday of
April in each and every year, or within ten days thereafter, at
Dixon's tavern, or at any other place which a majority of the
proprietors may appoint in Queen Ann's county, and for such
proprietors or a majority of those who shall attend at the said
meeting, then and there annually to elect by ballot, three of the
said proprietors for directors, who when so elected and chosen
are hereby authorised and empowered, or any two of them, to
make and open a drain or ditch down said branch, from the
head thereof until it shall intersect the main road aforesaid, in
such direction and of such width and depth as they or a majori-
ty of them may judge most proper to carry off the water from
the said branch, 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 di-
rectors.
3. 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.
3. AND BE IT ENACTED, That the said directors or